Government contractors face issues in the performance of their contracts wholly unlike those faced by commercial contractors.

Such issues may relate to the socioeconomic objectives imposed by the government, specific labor and employment requirements, complex and archaic appropriations and funding rules, and special conflict of interest requirements, just to name a few. Potential pitfalls also exist relating to subcontracting and teaming agreements. In addition, unilateral or bilateral changes in the scope of government contracts can distract - and subtract - from a contractor's bottom line.

Representative Matters: 

• Counseled clients regarding specific appropriations issues such as the Anti-Deficiency Act and the bona fide needs rule
• Advised clients on the availability of government payment methods, recovery of interest from the government when available under prompt payment laws, limitations of costs or funds in cost-reimbursable contracts and the assignment of claims to private finance institutions
• Represented contractors on the government's rights and a contractor's reciprocal obligations under the Changes clauses set forth in government contracts, including the identification and isolation of constructive changes
• Advised contractors on numerous federal, state and local small business programs, including the 8(a) and subcontracting plan programs, and represented clients in actions before the SBA and other agencies relating to small business size status and the premature termination from the SBA's 8(a) program
• Negotiated, drafted and advised clients regarding subcontract agreements, teaming agreements and joint venture agreements
• Advised clients as to means of avoiding, neutralizing and mitigating organizational conflicts of interest, and assisted in the preparation of mitigation plans
• Assisted contractors in establishing audit liaison functions to assure proper management and response to the government audit process