Government Contracts Disputes
Whether a business client is highly regulated (such as the specialized requirements that government contractors and health care providers must meet), or simply needs help with a government contract or thorny regulatory issue, Haynes and Boone lawyers get results by drawing upon our in-depth knowledge and understanding of regulated industry, government rules and agency procedure.
We can also help bring, and defend against, protests over the propriety of government contract award processes. Our lawyers never lose sight of the fact that the ultimate objective is to secure government business, either through a successful current challenge or by establishing the foundation for favorable future consideration by the purchasing agency.
Our first-rate reputations as practitioners before federal and state agencies pave the way. They enable us to work with all levels of agency staff to achieve business solutions for our clients, either through informal communication or formal advocacy that changes the direction of administrative policy.
Contract Interpretation and Performance-Related Disputes
The group assists clients with the interpretation of contract specifications and work statements, terms and conditions, and FAR and agency clauses. We provide advice regarding directed and constructive changes, terminations for convenience and default, cost and schedule performance reporting, and managing the prime contractor-subcontractor relationship. Our attorneys assist clients with requirements for acceptance tests and test plans, quality control, product standards and specifications, delivery and warranty issues.
Claims Preparation and Resolution
We pride ourselves on our approach to the claims preparation process, which focuses on proper resource allocation and management, efficiency, and thoroughness. We are knowledgeable about all generally-recognized legal entitlement theories and quantum approaches. We have prepared bottoms-up and top-down claims and numerous delay and disruption, loss of efficiency, and critical path analyses. We have examined every aspect of program cost drivers, working as a team with the contractor’s engineers, program and element managers, contract and subcontract administrators, and cost accountants to maximize the client’s claim position. We have rebutted many DCAA claim element audits. We have participated in and led claim reviews and negotiations through escalating levels of internal and customer management.
Litigation and Alternative Dispute Resolution
We strive to settle disputes without resorting to litigation. If, however, the parties reach an impasse that cannot be resolved without the intervention of a disinterested third party, we are prepared to litigate disputed issues for our clients. We have extensive experience practicing before the agency boards of contract appeals, the Court of Federal Claims, federal district and appellate courts, and the GAO. We also have represented clients at ADR proceedings and are thoroughly familiar with ADR methods commonly employed in government contract disputes, such as the use of a settlement judge, a non-binding mini-trial, and a summary trial with a binding decisions.
Members of the group work together with the firm’s white collar criminal defense group to ensure that the best defense is presented when the False Claims Act, False Statements Act, and other procurement fraud statutes are implicated. We have been involved with internal investigations, voluntary disclosures, government investigations and response to subpoenas, whistle-blower lawsuits, and proceedings before suspension and debarment authorities.
Some of our specific Government Contracts Disputes services include:
- Government contract interpretation, dispute resolution and litigation
- Bid protests
- Interpretation of specifications and work statements
- Contract performance issues and disputes
- Requests for equitable adjustment
- Contract claims and damages investigation, preparation and pricing
- Litigation and ADR of contract disputes
- Contract terminations
- Qui tam litigation