Our government contracts practice involves both litigation and counseling. Morrison & Foerster represents clients that, as prime contractors and subcontractors, provide products and services to government customers. We also represent companies that hold grants or cooperative agreements with government agencies. In 2012, the practice was named Government Contracts Practice Group of the Year by Law360.
We represent clients in a wide spectrum of industries, including aerospace, cybersecurity, defense, electronics, financial services, healthcare, information technology, logistics support, shipbuilding and transportation. In addition to federal government contracting, we also counsel clients regarding state, local, and foreign government procurements. Our clients range from Fortune 50 companies with sophisticated and complex government business issues to small and medium-sized companies just entering government markets. We advise both U.S. and foreign companies.
On the litigation front we represent clients in bid protests, claims and contract disputes, government investigations, and criminal, civil and administrative actions relating to government transactions, including False Claims Act (FCA) and Foreign Corrupt Practices Act (FCPA) matters, and suspension and debarment proceedings. We provide counsel in the areas of contract formation and performance, grants and cooperative agreements, technology licensing, intellectual property protection and regulatory compliance. We also provide compliance training for our clients and their employees, and conduct due diligence for mergers, acquisitions and financing transactions involving government contractors.
Areas of Focus:
Counseling Related to Contract Formation and Performance
- Our lawyers analyze and provide guidance concerning solicitation, evaluation, certification, and regulatory and statutory requirements that apply to bids, proposals, teaming agreements, joint ventures, contracts and subcontracts. We counsel clients regarding compliance obligations and problems that arise during contract performance.
- We assist with contract close-out, including associated government audits.
Investigations and Enforcement Actions
- Our lawyers routinely work with companies to develop, enhance and implement effective business conduct and compliance programs to minimize enforcement risk, and provide a mechanism for addressing problems when they arise.
- We have substantial experience conducting internal investigations and representing clients in enforcement actions, including criminal investigations and prosecutions, grand jury investigations, qui tam or government-initiated civil FCA actions, and administrative actions such as suspension and debarment.
Intellectual Property and Licensing
- We work with clients to address issues involving intellectual property, including protecting intellectual property rights to software and hardware developed or customized for government customers, and to technical data delivered under government contracts.
- We counsel clients regarding the Bayh-Dole Act and unique grant programs such as SBIR and STTR funding opportunities, and the related IP implications.
- We have extensive experience in technology licensing where government funds or technology are involved, assisting technology companies with understanding the different types of research and development agreements and federal technology transfer programs, and drafting and negotiating consortia agreements, CRADAs, Material Transfer Agreements, patent licenses, and related agreements.
M&A Due Diligence
- Our government contract lawyers assist clients in addressing the government contracting issues that arise in the acquisition or sale of a company that does business as a government contractor. These efforts involve due diligence reviews, strategic alliances, novations, Committee on Foreign Investment in the United States (CFIUS) reviews, and resolution of national security issues.
International Procurements
- We address transactional issues and disputes, as well as the requirements relating to international compliance issues, export controls, the Buy American Act, the Trade Agreements Act, international anti-corruption laws and FCPA compliance.
Litigation
- We prosecute and defend bid protests before contracting agencies, the Government Accountability Office and the U.S. Court of Federal Claims (COFC), as well as in various international, state and local venues.
- We prepare, negotiate and resolve modification requests, requests for equitable adjustment and contract claims, and are active in claims litigation before agency boards of contract appeals and the COFC.
- We file Freedom of Information Act (FOIA) requests and “reverse” FOIA cases to prevent the release of sensitive information.
- We defend our clients in administrative, civil and criminal proceedings involving FCPA, FCA and fraud allegations.
- We represent our clients in various other commercial disputes, including prime contractor-subcontractor litigation and arbitration in federal and state jurisdictions throughout the country.