Related Practices
Related Industries
Practice Leader(s)
- Thomas P. Barletta
tbarletta@steptoe.com
202.429.8058
Professionals
Additional Resources
Government Contracts
Our government contracts clients cover a broad spectrum: aerospace and defense, engineering and construction, information technology, communications, commercial items, electric power and energy conservation, services, research and development, natural resources, and health care providers and fiscal intermediaries. We advise domestic and foreign profit, nonprofit, and governmental organizations.
Lawyers in this practice area are experienced in all types of litigation, including bid protests, claims, appeals, subcontractor disputes, fraud proceedings, and Freedom of Information Act and Trade Secrets Act actions. Our attorneys are also experienced in the use of alternative dispute resolution (ADR) techniques.
We counsel our contractor clients on a full range of issues, including cost allowability and cost accounting, defective pricing, contract financing, debt collection, fiscal laws, outsourcing, procurement integrity, ethics, organizational conflicts of interest, Multiple Award Schedule and task and delivery order contracts, foreign commercial and military sales, licensing and data rights and transfers, performance-based contracting, antitrust, national security, teaming, joint ventures, and procurement reform.
The founder of our government contracts practice, Robert D. Wallick practiced in this field for over 30 years. He is a past Chair of the ABA Section of Public Contract Law, past President of the Federal Circuit Bar Association, and was one of only three private practitioners on the Advisory Panel on Streamlining and Codifying Acquisition Laws. This "Section 800" Panel's comprehensive recommendations for legal reform were substantially enacted into law as the Federal Acquisition Streamlining Act of 1994 (Pub. L. No. 103-355).
Our government contracts group also includes:
Thomas M. Barba, who is a former Deputy Assistant Attorney General for the Civil Division of the US Department of Justice before joining the firm, and whose practice includes government contracts litigation.
Thomas P. Barletta, who is a past member of the Council of the ABA Section of Public Contract Law and previously served as Chair of the Section's Accounting and Cost and Pricing Committee.
John J. Duffy, who served as Counselor to the Secretary of the Department of the Interior and whose practice includes advise on procurement laws and regulations.
Stephen A. Fennell, who is the former Vice Chair of the Construction Dispute Resolution Committee of the ABA Section of Public Contract Law.
Stuart T.F. Huang, whose practice includes advice to government contractors on intellectual property issues.
Robert E. Jordan, who is a former General Counsel of the US Army and has extensive experience in whistleblower litigation.
Edward J. Krauland, whose practice includes a combination of government contracts and international law/trade issues.
Ellen M. McNamara, whose practice includes a combination of government contracts and antitrust issues.
Daniel C. Sauls, whose practice includes large construction and dredging claims throughout the country, bid protests, and related matters in the government contracts area.
Martin D. Schneiderman, who served in the Air Force Office of the General Counsel prior to joining the firm.
Peter L. Wellington, who is a past member of the Council of the ABA Section of Public Contract Law and a past Chair of the Section's Procurement Fraud Committee.
Representative Matters
- Representing major defense contractors in bid protest litigation in the US Court of Federal Claims and various US District Courts and Courts of Appeals.
- Representations in numerous General Accounting Office and agency bid protests involving a broad range of solicitation and award issues.
- Representing health care contractors in TRICARE (CHAMPUS) bid protests.
- Representing a leading aerospace company in several Freedom of Information Act and Trade Secrets Act injunctive actions in US District Court and the DC Circuit Court of Appeals.
- Representations of a major aerospace company and an aerospace industry group before the US Supreme Court in challenges to the constitutionality of the qui tam provisions of the civil False Claims Act.
- Representing various qui tam defendants in US District Courts and US Courts of Appeals.
- Representing numerous clients in contract and subcontract disputes before boards of contract appeals, the US Court of Federal Claims, and US District Courts.
- Representing clients in arbitrations, mediations, and other ADR proceedings arising out of prime contractor/subcontractor and joint venturer claims and disputes.
- Advising a major satellite manufacturer in successful efforts to have follow-on procurements conducted on a competitive rather than sole-source basis.
- Advising a leading aerospace company with regard to a termination settlement proposal arising out of a partial termination of a major space program.
- Advising a major aerospace contractor on cost-recovery issues arising out of a program cancellation.
- Advising a major satellite telecommunications company on structure and negotiation of commercial launch contracts.
- Advising a major DOD healthcare contractor on contract administration and performance issues, including requests for equitable adjustments.
- Advising contractors concerning various cost accounting, cost allowability and Truth in Negotiations Act issues in connection with audits, investigations, internal compliance efforts, and transactions.
- Advising Multiple Award Schedule contractors on contract pricing and contract administration issues.
- Representing a consortium of major defense contractors in preparation of a position paper on proposed legislation to limit allowability of restructuring costs.
- Developing and evaluating corporate codes of conduct, procurement integrity, and other compliance and training programs.
- Advising electric utility companies concerning energy savings contracts with various federal agencies.
- Advising a major dredging contractor on preparation and submission of REAs and claims.
- Advising a government-owned corporation on various government contracting issues, including implementation of federal acquisition laws and regulations.
- Advising a number of companies on internal investigations, voluntary disclosures, suspension and debarment, and False Claims Act issues.
- Representing companies and individuals in Inspector General and Justice Department investigations and prosecutions of alleged product substitution, labor mischarging, Multiple Award Schedule pricing, defective pricing, and other allegations of fraud.
- Advising a research and development contractor in negotiation of a firm, fixed-price, government-purpose license for computer software developed at private expense.
- Advising a research and development contractor in negotiation of a license allocating rights in and providing for payment of a royalty for use of technical data to be developed under a joint government/contractor R&D effort.
- Representating an electric utility in the negotiation of an energy conservation project agreement to design, install, operate, and maintain a cogeneration facility at a federal installation.
- Advising major aerospace companies on foreign military sales requirements and compliance procedures.
- Advising government contractor clients on export control and licensing requirements including internal compliance, audits, and voluntary disclosures.
- Advising a major aerospace company on Foreign Corrupt Practices Act competence requirements.
- Representing foreign corporate investors in Defense Investigative Service investigations and proceedings to terminate facility security clearances.
- Advising domestic and foreign companies on the application of the Exon-Florio amendment. Representing clients in defense of Justice Department investigations of illicit payments.
- Advising a major electronics company on issues arising out of a proposed teaming arrangement and assisting on questions raised by the Justice Department.
- Advising several clients on the acquisition and divestiture of business units that were performing government contracts.
- Advising and representing clients on privatization.
- Advising a major information technology company on regulatory implementation of legislation imposing requirements for access by disabled persons to computer software acquired by government agencies.
