Fried Frank helps clients navigate the complex maze of laws and regulations at each stage of the government contracting process, from solicitation, award, performance and termination to post-performance liabilities.
We handle a diverse array of high-profile matters for some of the leading aircraft, satellite, electronics, information technology, intelligence, and technical services companies, both domestically and internationally.
Our attorneys regularly advise government contractors and subcontractors beyond the "four corners" of individual contracts. Our practice is highly interactive, involving close collaboration with a number of other practices, including: Mergers and Acquisitions, Private Acquisitions and Private Equity, Internal Investigations and Monitoring, False Claims Act and FIRREA, International Trade and Investment, White Collar Criminal Defense, and Aerospace & Defense.
Matters typically handled by our practice include:
- M&A-related activity that is peculiar to government contracts, such as the conduct of due diligence reviews, representations and warranties, novations of contracts and claims, and Exon-Florio and other foreign ownership issues
- Litigation protesting (or defending) the award of federal contracts before the Government Accountability Office and the US Court of Federal Claims
- Internal investigations and litigation of private and government civil and criminal fraud claims—as well as administrative "suspension" and "debarment" proceedings—arising out of the pricing and/or performance of government contracts and instituted under Title 18 or the Civil False Claims Act, including its qui tam provisions
- Claims litigation before the US Court of Federal Claims or any of a multitude of federal agency boards of contract appeals
- Post-award counseling regarding contract interpretation, contract performance, and potential claims
- Counseling in connection with the protection of contractors' intellectual property rights under government contracts
- Counseling with respect to cost allowability, allocability, and pricing issues and defending against government claims in such areas
- Counseling with respect to export controls and export licenses
- Counseling with respect to subcontract arrangements, including teaming agreements and joint ventures, and litigation relating thereto before US district courts, state courts, and US and international arbitration tribunals and pursuant to "indirect appeal" arrangements that allow subcontractors to proceed against the government in the name of their prime contractors, the US Court of Federal Claims, or agency boards of contract appeals
Fried Frank's Government Contracts Practice has been recognized by Law360 as a "Government Contracts Group of the Year" in two of the past four years, in recognition of the Firm's leading position in government contractor corporate transactions, bid protests, and fraud defense litigation. In addition, members of our Government Contracts team are also recognized by various legal directories and other publications, including Chambers USA, Legal 500, Benchmark Litigation, Washingtonian
and have also been named to BTI's "Client Service All-Stars."