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 Government Procurement Practice is far-reaching and possesses a wide range of experience in successfully representing clients involved in or contemplating government contracts. Our industry expertise and focus line up with the areas that are among the largest percentage of the federal government’s contract spending, including defense, energy, and health care.

Trusted Advisors In The Government Procurement Arena

With lawyers in Washington, D.C., Los Angeles, Atlanta, and New York, 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 differ greatly from typical commercial agreements. Contracting with government entities is rich with opportunity, but can be fraught with danger for those unfamiliar with the intricacies of compliance with the Federal Acquisition Regulations and various agency supplements, as well as other oft-implicated 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 in all phases of government contracting, from contract award, performance, and compliance, claim submission and dispute resolution, to contract closeout. Our representative experience includes successfully guiding clients through bidding and negotiation, negotiating change orders and preparing requests for equitable adjustment, addressing cost and pricing questions, and challenging and negotiating default and convenience terminations, among the many other issues that can arise in the realm of government contracting. SGR also represents clients in appeals of contracting officer final decisions taken before the United States Court of Federal Claims, Armed Services Board of Contract Appeals, and Civilian Board of Contract Appeals.

Areas of Expertise

Bid Protests
Federal Acquisition Regulation
Defense Federal Acquisition Regulation Supplement
Claim Submission under the Contract Disputes Act
Contract Changes and Requests for Equitable Adjustment
Government Contract Compliance
Truth in Negotiations Act
Buy American Act
Berry Amendment
Small Business Concerns
8(a) Programs
Davis-Bacon Act / State Prevailing Wage Requirements
Miller Act
Little Miller Acts
Government Investigations
Internal Investigations
False Claims Act
Foreign Corrupt Practices Act
Anti-Kickback Act
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
International Trafficking in Arms Regulations
Export Administration Regulations

Notable Matters

• Counseling a non-US owned international manufacturer with its contract with federal agencies.
• Advising an international manufacturer on CFATS compliance issues.
• Representing suppliers of law enforcement in 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 the 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 a 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 the federal government regarding small business set-aside issues.
• Advising on government contract issues for a $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.
• Representing producer of nuclear submarines to the United States Navy in contract price adjustment claim.
• Representing contractor in cost issues relating to a contract with the United States Department of Energy to construct a nuclear waste treatment facility.
• Counseling a manufacturer of satellite antennae in relation to exports under ITAR and EAR controls.