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Government Contracts, Bid Protests and Claims

We assist businesses of all size and industry realize the full opportunity of doing business with all levels of government. We help clients understand how the various agencies work, where Congress and commerce intersect, what it takes to do business with government, how to win contracts, how they are administered, and how to deal with disputes. We know what it takes to successfully compete in the federal, state and local governmental arenas, and help clients navigate the intricate process of obtaining, maintaining and managing contracts for profitability while controlling risk.

We advise a broad range of clients ranging from multi-national Fortune 500 companies to small businesses, non-profits and universities. Our team has many years of experience dealing with all facets of contract 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 non-disclosure, teaming and subcontract agreements and deal with intellectual property and human resources issues. We also provide comprehensive training on compliance including general FAR and FAR supplement compliance, ethics, procurement integrity, and related matters.

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
  • 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

In particular, Kutak Rock offers deep experience in counseling, protesting and defending multi-million and multi-billion-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 are able to represent clients in complex procurement litigation at all levels of government.  We engage fully and in the earliest stages of procurement, from initial legislative development and budgeting 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. We have a long, successful track record in guiding clients from start to finish through myriad procurement processes under the laws and protest procedures implemented by various federal, state and local actors. We provide careful guidance in helping to request clarification on crucial procurement matters, challenging outcomes, convincing agencies to correct proven mistakes, and, when necessary, aggressively litigating erroneous procurement award decisions.