Represented computer software company in bid protest involving enterprise management system.
The federal government, at all levels, is a major procurer of every conceivable good and service, from office supplies to software and IT services to the construction of public buildings to complex manufacturing for advanced defense systems. For many businesses, selling these goods and services to the Government presents them with tremendous opportunities but also with significant challenges and risks.
Before joining Clark Hill, many of our government contract professionals had distinguished careers within the Federal Government, including senior positions with the Army Corps of Engineers, the U.S. Departments of State, Treasury, Interior, Justice, and Energy, as well as the Environmental Protection Agency and the Small Business Administration. As a result, our government contracting attorneys have developed and maintained longstanding relationships with numerous government officials at all levels. Because we understand how the government works and we understand the government’s many needs, we can be very effective working on behalf of our clients’ federal business objectives.
Our government contracts professionals represent large established players as well as small, emerging companies and organizations in many industries:
- Construction general contractors and subcontractors
- Energy and environmental engineering
- Health care
- Information technology providers
- Professional services
- Transportation and logistics
We represent these firms in every aspect of the Government procurement process and at every phase of the federal acquisition life cycle:
Solicitation & RFP:
- Teaming arrangements
- Strategic alliances
- Small Business & Disadvantaged Business Enterprise Compliance
- Regulatory & legislative counseling
- Commercial item contracts & GSA schedules
- Bid protests
Performance & Compliance:
- Cost accounting & cost allowability
- Export controls, FCPA, Buy America Act, and Trade Agreement Act
- Employment issues in government contracting
- Intellectual property rights and protection of contractor trade secrets
- Ethics advice, compliance audits, and plans
- Iraq and Afghanistan reconstruction
Claims, Disputes & Terminations:
- Requests for equitable adjustment, claims, and contract restructuring
- Government contracts dispute litigation
- Suspension and debarment
- Terminations: disputes and settlements
- Contract novation
We have a national government contracts practice with attorneys and other professionals in several states and Washington, D.C. Our group often works in tandem with attorneys in other practice groups, including members of the Construction, Corporate, and Labor and Employment practice groups, to address transactional matters and program compliance issues in a wide variety of industry segments.
Assist international companies doing business with the United States government and U.S. companies in dealings with foreign government.
Work with Congress on legislative issues affecting government contractors.
Represented companies relative to Corporate Compliance Programs and related policies.
Represented defense contractor on USAF Joint STARS program to reverse deductions to target cost and target price where Government had canceled certain line items of contract after work was performed.
Represented systems integration contractor on Space Station Program in $90 million bad faith termination for convenience claim against NASA.
Work with Federal agencies to resolve issues before they necessitate claims and litigation.
Represented companies regarding Export Administration and Munitions matters including Technical Assistance Agreements.
Represented precision welding equipment manufacturer in defective specification and change claims on construction of electron beam particle vapor deposition machine for Penn State Naval Applied Research Laboratory.
Representation of construction company in equitable adjustment claims before Court of Federal Claims involving loss of efficiency and increased field overhead for construction of NASA Space Station Processing Facility.
Represented companies in voluntary disclosures and internal investigations.
Our client, Daniels Building Company, was the successful awardee of a U.S. Department of Veterans Affairs construction contract to renovate existing kitchen and food storage areas at the Battle Creek VA Medical Center in Battle Creek, MI. The procurement was set aside for award only to service-disabled veteran-owned small businesses (“SDVOSB”) approved through the VA’s Center for Verification and Evaluation (“CVE”). After announcement of the award, a disappointed unsuccessful offeror filed a SDVOSB status protest challenging whether Daniels Building was actually a SDOVSB and thus ineligible for the contract award. Daniels Building engaged Clark Hill to defend this protest, which if sustained could have potentially destroyed our client’s business due to its dependency on federal SDVOSB set-aside contracts.
The protestor alleged that, through two separate joint ventures with two different companies with no connection to the VA’s procurement award, that Daniels was (1) controlled by a large company and thus no longer small; and/or (2) was controlled by non-veterans in conflict with the VA’s regulations. The protestor also alleged that Daniels Building fraudulently obtained its SDVOSB certification by intentionally filing false information with, and withholding key information from, the VA. The Clark Hill team of Bret Wacker, Stuart Schwartz and Nicole Tersigni prepared, in the mandated 5 day response period, a detailed brief demonstrating Daniels Building is in fact owned and controlled by a service disabled veteran; and that the protestor’s attempts to defame and discredit Daniels Building Company were without basis in fact or law. The VA agreed with Daniels Building that its joint venture relationships had no bearing on the ownership or control of our client, and that the protestor’s evidence was not compelling enough to overturn Daniels Building Company’s SDVOSB certification. Our client is now able to move forward with contract performance at the Battle Creek VA Medical Center.
Oversaw major employee qualification audit arising out of municipal patronage hiring.
Facilitated and ensured City cooperation with federal investigations, including for U.S. v. Sorich and U.S. v. Sanchez Shakman/patronage cases and Operation Crooked Code bribery cases
Oversaw major class actions, including challenges to $100 billion pension reform legislation and enhanced retiree healthcare payments.
Successfully oversaw litigation at arbitration, trial, appeal, and Illinois Supreme Court regarding the closure of State facilities and employee layoffs.
Supervised responses to numerous agency audits. Participated in audit exit conferences and testified in front of the Illinois Legislative Audit Commission.
Led drafting of statewide employment administrative order regarding Rutan’s prohibition on political hiring and creating additional internal controls.
Served as member of three-person senior management team, overseeing collective bargaining negotiations, resulting in $900 million in healthcare savings for the State.
Advised Governor and negotiated with the General Assembly and the City of Chicago regarding gaming expansion. Met with gaming and racing stakeholders. Oversaw expert consultant regarding financial impact.
Served as lead in-house attorney on legislation regarding governance, creation, design, build, operation and maintenance of Chicagoland’s third major airport through public/private partnership.
Successfully managed challenge to $31 billion capital bill, seeking to strike down entire bill.
Negotiated dissolution of nation's first lottery private manager contract.
Served as State's lead negotiator on omnibus procurement bill
Oversaw day-to-day legal operations for State for federal Stimulus.
Oversaw legal review of all new and amended State of Illinois administrative rules, including in the areas of professional regulation, insurance, human services, and public health.
Served as lead attorney, as Deputy General Counsel, on the sale of Thomson Correctional Center to federal government.
Resolved a significant dispute in favor of a client with the Defense Contract Audit Agency regarding the allowability of deferred compensation costs
Successfully defended a “software-as-a-service” provider in a protest of a NAFI contract award
Represented a large security firm in successfully protesting the award of a security contract at the Harry S Truman Library and Museum
Negotiated the terms of the largest Stimulus Act construction subcontract at Savannah River Nuclear Site
Represented a manufacturer of advanced wiring systems on combat helicopters in bid protest of an adverse award of a $15 million Navy contract
Obtained a reversal of a U.S. Army decision excluding a client from a multi-billion dollar cloud computing contract procurement
Developed a government contract compliance plan for a multi-billion dollar global home products company
Crafted a “go to market” government business development strategy for a top 10 global independent software developer
On behalf of a leading IT hardware and software reseller, successfully prosecuted a bid protest before the Government Accountability Office resulting in a $7 billion Air Force ID/IQ contract award in favor of the client
Represented the largest non-profit in Las Vegas in overturning an adverse $20 million Ability One contract award of services at Nellis Air Force Base
Obtained approval of the EPA in the novation of a $90 million Great Lakes dredging contract on behalf of local marine construction company