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Government Contracts, Bid Protests and Claims

We know what it takes to successfully navigate the intricate process of obtaining, maintaining and managing government contracts

We assist national and regional companies, in multiple industries, in state, local and federal procurement matters. We help clients understand procurement agencies and their processes, and assist in securing government business opportunities. We know what it takes to successfully navigate the intricate process of obtaining, maintaining and managing government contracts.

We advise a broad range of procurement clients, ranging from multinational Fortune 500 companies to small businesses, nonprofits and universities. Our team has many years of experience dealing with all facets of contract acquisition and formation including bid protests, administration including equitable adjustments, claims and disputes as well as post performance issues that cover government appropriations, grants, cooperative agreements and contracts. We regularly consult on nondisclosure, teaming and subcontract agreements and deal with intellectual property, FOIA and human resources issues. We also provide comprehensive training on compliance including general FAR and FAR supplement compliance, ethics, procurement integrity, and related matters.

Help at the procurement level

We engage fully and in the earliest stages of procurement, from initial legislative development and appropriation support for the RFP, through advice in shaping both the RFP and client’s proposal, to defense or protest of the bid award in administrative and judicial tribunals. Through collaboration with our Government Relations Group with attorneys knowledgeable about the particular industry or subject matter, the Protest Team efficiently and proactively represents clients through all phases of the procurement process and creatively develops legal, political and business solutions to unique procurement scenarios.

Bid protest litigation

Kutak Rock offers deep experience in counseling, protesting and defending multimillion and multibillion-dollar state, municipal and federal award decisions. With more than 25 attorneys and subject-matter resources located in multiple states and the District of Columbia, we effectively represent clients in complex procurement litigation at all levels of government. We have a long, successful track record in guiding clients from start to finish through myriad procurement processes under the laws and protest procedures employed by various state, federal and local actors. Unlike most national firms, Kutak Rock also has deep experience with procedural and substantive processes and decision makers within multiple state and local procurement agencies and has developed a network of experienced state level protest teams, in numerous states, both inside and beyond the firm’s geographic footprint. We provide clear guidance in helping to request clarification on crucial procurement matters, challenging outcomes, convincing agencies to correct proven mistakes, protecting client trade secrets, and when necessary, aggressively litigating erroneous procurement award decisions.

Our experience covers every aspect of contracting including:

  • Assignment and novation of government contracts
  • Bid protests (Federal, State, Municipal
  • CDA Claims
  • Commercial item Contracting
  • Cooperative agreements/OTAs
  • Cost/CAS Principles (Contracts and Grants) 
  • Data rights software & patents protection
  • Davis Bacon Act
  • Defective pricing
  • Due diligence/mergers & acquisitions
  • Ethics and compliance
  • Export controls
  • Fair Labor Standards Act (FLSA) (and related laws and regulations)
  • False Claims Act (state and federal)
  • Federal supply schedule
  • Foreign corrupt practices act
  • Foreign military financing
  • Freedom of Information Act (FOIA) reviews
  • Health care
  • Investigations
  • Joint ventures and strategic alliances
  • Legislation
  • Litigation and ADR
  • Mandatory disclosure investigations
  • Monitorships and independent counsel
  • National laboratories
  • Office of Federal Contract Compliance Programs (OFCCP) compliance (including Equal Employment Opportunity (EEO))
  • Organizational conflicts of interest identification and avoidance
  • Privatization
  • Procurement fraud investigations
  • State and local practice
  • Security clearances
  • Service Contract Act (SCA)
  • Suspension and debarment
  • Small business set aside program compliance

Our recent representative procurement and bid protest engagements include procurement matters at the federal level, and in numerous states, including:

  • Representation of a Fortune 200 company in a state level protest of a Medicaid Management Information System (“MMIS”) procurement, which achieved a successful resolution for the client after protracted federal court litigation
  • Representation of a Fortune 200 company in a state level protest of a MMIS procurement, securing the successful reversal of the agency’s initial disqualification of the client from the procurement
  • National protest counsel for a dental services organization in procurements and protests for state Medicaid program management contracts in multiple states
  • Representation of technology services company in MMIS protests in multiple states
  • Representation of child welfare service contractor in $350 million bid protest
  • Representation of a Fortune 100 company in multiple, state-level protests of multibillion-dollar procurements for state Medicaid managed care contracts
  • Representation of a Fortune 100 company in a state level protest of a multimillion-dollar mobile technology procurement
  • Representation of a national data and analytics provider in multiple, state-level protests of Medicaid information technology procurements
  • Representation of a national home health company in a procurement of state owned medical providers
  • Representation of small business entities in protests of state agency awards of contracts for food services, construction services and for other services and products
  • Representation of a large, privately-held construction company in a state level bid protest for construction services