Government Contracts Counseling

At Haynes and Boone, we provide a creative approach to the traditional service of public contracts counseling. Our Government Contracts Counseling practice provides a broad range of services and experience to clients at every stage of the business cycle. We use an aggressive, results-oriented approach to find unique and practical solutions based on a thorough understanding of complex and rapidly changing business and legal situations facing clients. The scope of our practice includes statutory and regulatory counseling, contract formation issues, contract performance disputes, contract claims, cost and pricing questions, public infrastructure construction, and litigation and alternative dispute resolution.

Haynes and Boone attorneys have extensive experience handling matters ranging from advice on contract negotiation to litigation of the most complex contract disputes with virtually every federal agency and many state agencies. We have appeared as lead counsel in all forums having principal jurisdiction over federal contract disputes, including the Government Accountability Office, the U.S. Court of Federal Claims, agency boards of contract appeals and the U.S. Court of Appeals for the Federal Circuit.

Comprehensive Government Contracts Counseling Services
Our Government Contracts practice provides comprehensive nationwide counseling and representation to clients doing business in public procurement with federal, state and local governments. Our clients range from small start-up companies needing help with the most basic contracting requirements to major government contractors needing representation for specific issues and disputes.

No matter what products and services our clients sell to federal or state government agencies, Haynes and Boone lawyers are effective advocates in the procurement process. We help any company or organization wanting to resolve a contract dispute, needing to handle a bid protest, or seeking guidance on the best ways to establish or expand business with government agencies.

Clients rely on us to assist in developing bids and proposals that are responsive to government requirements. Once a contract is secured we can help with all performance issues, including interpretation of contract clauses, identification and pricing of change orders, and defense against government audits and investigations.

The collective experience of the attorneys in the Government Contracts practice covers every area of public contracts including:

Contract Formation and Negotiation
We assist clients in the preparation of bids and proposals, including proposals under the GSA Federal Supply Service Schedule Contracts Program. We are knowledgeable regarding the latest rules for contracting for commercial items. We draft and assist in the negotiation of nondisclosure agreements, teaming agreements, and joint ventures. We provide advice regarding subcontract provisions and flow-down clauses. We have extensive experience in the award of grants and non-traditional instruments, including other transactions for research, development, and prototyping, such as cooperative agreements and CRADAs. Our attorneys handle the negotiation of commercial and non-commercial data and software rights. We represent clients in bid protests filed before the GAO and the Court of Federal claims. Some of our specific services in this area include:

  • Bids, proposals and negotiations 
  • Protests of solicitations, bids and awards 
  • Government and contractor intellectual property rights 
  • Public infrastructure construction projects 
  • Sale of commercial products, services and technologies 
  • Foreign military sales 
  • Teaming agreements and joint ventures 
  • Cooperative research and development agreements

Statutory and Regulatory Counseling
Members of the group routinely advise clients regarding the submission of cost or pricing data and the availability of TINA exemptions, and helps clients deal with post-award audits, disclosure of information under the FOIA and the TPIA, and defective pricing claims. We have extensive experience with requirements for cost accounting systems (including all aspects of CAS compliance, cost allocation, and cost allowability), material requirements planning and control, purchasing systems, procurement integrity, and socioeconomic requirements and related plans and programs (such as subcontract goals and preferences, and environmental and labor and employment reporting requirements, including affirmative action programs). We also conduct on-site compliance reviews that are tailored to the client’s specific business practices and procedures. Some of our specific services in this area include: 

  • Federal and state procurement statutes 
  • Government agency regulations, compliance and filing requirements 
  • Cost accounting and pricing requirements 
  • Government audit rights and oversight 
  • Contract novation and assignment issues 
  • Defense industrial security matters 
  • CFIUS compliance 
  • Suspension and debarment matters 
  • Procurement fraud 
  • Government investigations 
  • Freedom of information act matters 
  • Foreign ownership, control, or influence (FOCI) mitigation 
  • Organizational conflicts of interest

Public Infrastructure Construction
We have the capability to represent clients on all issues that may arise when federal, state, and local agencies undertake public infrastructure projects. Our group attorneys assist contractors in preparing contracts and proposals, in assessing environmental risks, and in analyzing delays, disruption, differing site conditions, acceleration, and stop work issues. We prepare claims and litigate disputes for contractors, subcontractors, architects, and engineers involved in all facets of public infrastructure construction.