Government Procurement

The federal government of the United States is the single largest purchaser of services and goods in the world. In 2017, the federal government paid more than $500 billion to government contractors. State and local governments accounted for additional hundreds of millions in payments to government contractors.

Smith, Gambrell & Russell’s industry expertise and focus lines up with the areas that are among the largest percentage of the federal government’s contract spending, including defense, energy, and healthcare.

Trusted Advisors In The Government Procurement Arena

With lawyers in Washington, D.C. and Atlanta, SGR’s Government Procurement practice has a wide range of experience in successfully representing clients involved in or contemplating government contracts. Our Practice includes experienced litigators, transactional lawyers, and lobbyists. Depending on the client’s needs, SGR’s Government Procurement attorneys combine their expertise with SGR’s nationally recognized lawyers with deep industry expertise in manufacturing, defense, construction, energy, and other industries.

Experience Matters

Government contracts are very different than typical commercial agreements. Contracting with government entities is rich with opportunity, but can be fraught with danger for those not familiar with differences in commercial contracts and the intricacies of compliance with government regulations. Many members of SGR’s Government Procurement practice group have worked inside the government, on every level, and across various branches. This experience gives SGR unique insight into how various governments manage their procurement needs and administer their contracts.

SGR counsels clients with entering into and compliance with government contracts, as well as dispute resolution with government entities. From pre-bid issues, preparation of bids, understanding various regulations and agency rules, and submission of bids to negotiating terms, compliance with, and termination of contracts, SGR guides its clients through the labyrinth of working with governments.

Areas of Expertise

    • Bid Protests

 

    • Federal Acquisition Regulation

 

    • Defense Federal Acquisition Regulation Supplement

 

    • Contract Disputes Act

 

    • False Claims Act

 

    • Government Contract Compliance

 

    • Truth in Negotiations Act

 

    • Buy American Act

 

    • Berry Amendment

 

    • Small Business Administration

 

    • 8(a) Programs

 

    • Davis-Bacon Act / State Prevailing Wage Requirements

 

    • Miller Act

 

    • Little Miller Acts

 

    • Government Investigations

 

    • Internal Investigations

 

    • Debarment and Suspension

 

    • Subcontractor Relationships

 

    • Organizational Conflicts of Interest

 

    • Inverted Domestic Corporations

 

    • Affirmative Action Requirements

 

    • Government Costs and Accounting

 

    • Foreign Ownership, Control or Influence

 

    • GSA Schedules

 

    • Sole Source Exceptions to Free and Open Competition

 

    • Performance Evaluation and Ratings

 

    • Registration and Certifications as Government Contractor

 

    Preparation of Solicitation Responses

Notable Matters

  • Counseling a non-US owned international manufacturer with its contract with federal agencies.
  • Advising international manufacturer on CFATS compliance issues.
  • Representing suppliers of law enforcement in a multiple procurements and bid protests.
  • Representing nationwide suppliers concerning bidding and performing contracts under the U.S. Communities purchasing cooperative.
  • Representing of a large school district pursuing claims of breach of contract, breach of fiduciary duty, fraud, and State RICO violations against a program management firm hired to manage the district’s $1 billion construction program.
  • Counseling a large distributor of healthcare products and services regarding federal procurements under non-competitive bid regulations.
  • Representing a multi-national provider of identification systems in defense of government bid protest.
  • Counseling an international diversified technology company regarding procurement processes for government purchases under the Federal Acquisition Regulation.
  • Representing a global firearms manufacturer in a protest with governmental entities.
  • Counseling an international aircraft manufacturer regarding sales of aircraft to United States Department of Defense.
  • Counseling a worldwide manufacturer of electrical products and tools and hardware on issues regarding contracting and subcontracting under federal statutes and regulations.
  • Representing a national government contractor on multiple projects in negotiations and disputes with the federal government over contract terms, claims relating to unpaid contract amounts, delay and disruption issues, and contract change issues.
  • Counseling a national prescription drug provider in potential dispute with the federal government.
  • Counseling a leading national provider of healthcare services to state and local government agencies regarding issues related to state procurement laws.
  • Representing regional construction contractor in dispute with federal government regarding small business set-aside issues.
  • Advising on government contract issues for $1 billion merger of international healthcare technology corporation and leading provider of outsourcing services to hospital-affiliated physicians.
  • Counseling on issues related to Small Business Administration and minority contractor issues.
  • Counseling on procurement matters and the interplay between non-profit organizations and municipal corporations.
  • Reviewing proposed federal government contracts for international nuclear power organization.
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