Fried Frank helps clients navigate the complex maze of statutes and regulations at each stage of the government contracting process, from solicitation, award, performance and termination to cost-performance liabilities.
We handle a diverse array of high-profile matters for some of the leading aircraft, satellite, electronics, information technology and technical services companies, both domestically and internationally.
Our attorneys regularly advise government contractors and subcontractors beyond the "four corners" of the individual contracts they obtain. Our practice is highly interactive, involving close collaboration with the firm's arbitration and alternative dispute resolution, RICO and white-collar crime practices. Particularly, a critical adjunct to our government contracts practice is our nationally regarded qui tam practice, which defends federal contractors and grantees in lawsuits alleging fraud on the federal government.
Matters typically handled by our practice include:
- Litigation protesting (or defending) the award of federal contracts before the Government Accountability Office and the US Court of Federal Claims
- M&A-related activity that is peculiar to government contracts, such as Exon-Florio and other foreign ownership issues, novations of contracts and claims, representations and warranties, and the conduct of due diligence reviews
- Post-award counseling regarding contract interpretation, contract performance, and potential claims
- Claims litigation before the US Court of Federal Claims or any of a multitude of federal agency boards of contract appeals
- 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
- 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
We also periodically publish two email services highlighting the latest relevant legal developments: Government Contracts Alert and Fraud Mail Alert.