Government Contracts & Grants

The Government Contracts Team help for-profit and not-for-profit entities conduct business with governmental entities under contracts, subcontracts, grants, and "other transaction," and conduct due diligence, resolve disputes, and reduce risk.

Engagement with governmental entities requires an experienced team to reach the desired objective.  We can help clients understand how government customers and other stakeholders think, and help you map out a process to maximize success and mitigate risk arising from the arcane rules that dominate much of the landscape in the government contracts and grants arena.

The Nelson Mullins Government Contracts Team includes

• Former in-house and general counsel in compliance operations GCDB
• Former member of Congress
• Former military assistant staff judge advocate general officer familiar with procurement
• Former federal agency-approved outside compliance monitor for a contractor accused of violating special government requirements

We serve a variety of industries

U.S. federal, state, and local governments can be among the most complex customers and partners to work with and span a wide variety of industries. Our clients provide many different products, services, and technologies, are governed by different regulatory schemes, and have different goals.  However, they face many of the same legal challenges and risks.  We work with clients to understand their goals and circumstances and conduct business appropriately with applicable governmental entities. 

Our experience provides clients with the ability to manage their government contract issues

The Firm’s practitioners work with clients dealing with federal, state and local agencies, including legal advice about

• Sole source, set-aside, emergency and unrestricted procurements
• Planning, due diligence, and negotiation for Mergers and Acquisitions (M&A) and financial transactions
• Bid protests before the Government Accountability Office (GAO), U.S. Court of Federal Claims (COFC), U.S. Court of Appeals for the Federal Circuit, and numerous other federal, state, and local agencies
• Small Business Innovation Research (SBIR) awards
• Cooperative Research and Development Agreements (CRADAs)
• Non-Disclosure Agreements (NDAs), Teaming Agreements, and Subcontracts
• FAR, DFARS, and other agency “flow-down” clause analysis
• Defense and civilian agency ”Other Transactions”
• Payment issues under cost reimbursement, fixed price, and T&M contracts, including but not limited to requests for equitable adjustment (REAs) and claims under the Contract Disputes Act of 1978 (CDA)
• Task Orders (TOs) and Delivery Orders (Dos) under Indefinite Delivery Indefinite Quantity (IDIQ) Contracts, including GSA Federal Supply Schedule (FSS) contracts
• Small business size protests, NAICS protests, and appeals
• Audits and investigations
• Development, protection, and licensing of intellectual property
• Litigation relating to the above

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

• Served as counsel to multinational companies in such sectors as: avionics OEMS, aircraft manufacturers, armored vehicle OEMs, professional service providers (such as software development companies, engineers, and others), and cybersecurity and telecommunications security companies
• Guided and assisted buyers, sellers, and lenders in Mergers and Acquisitions (M&A) involving government contractors and grant recipients and their subcontractors and sub-recipients.
• Provided counsel to educational institutions, colleges and universities on US Government (USG) contracting under the FARs
• Served as counsel to healthcare entities including hospitals, clinics and practices
• Prepared unique license and services agreements for prime contractors, subcontractors, and grant recipients
• Protested and defended the award of contracts at the federal, state, and local levels, for example at the Government Accountability Office (GAO), U.S. Court of Federal Claims (COFC), the U.S. Court of Appeals for the Federal Circuit, and numerous individual agencies.
• Provided representation to parties in billing and other disputes with government agencies, prime contractors, subcontractors, grantees, and other parties, such as requests for equitable adjustment, claims under the Contracts Disputes Act (CDA), litigation in federal and state courts, and arbitrations
• Designed compliance programs for government contractors
• Counseled on export licensing of dual-use goods/services before Bureau of Industry and Security (BIS) under the Export Administration Regulations (EAR)
• Provided guidance on export and temporary import of defense articles and defense services before the Directorate of Defense Trade Controls (DDTC) per International Traffic in Arms Regulations (ITAR)
• Rendered advice on sanctions of embargoed countries, entities, specially designated nationals and blocked persons under Department of Treasury Office of Foreign Assets Control (OFAC) and Executive Orders
• Advised on compliance programs administered under the National Industrial Security Program (NISP) of the Defense Security Service (DSS) for Facility Clearances
• Provided advice on establishment of Foreign Trade Zones, Subzones, and Alternative Sites 
• Advised on and litigated False Claim Act prosecution and defense matters
• Provided counseling on Truth in Negotiation Act (TINA) certifications
• Issued opinions on Prompt Pay Act application for subcontractors
• Counseled on qualification as responsible and responsive bidder under First Article Testing
• Advised on Small Business certification advice on graduation under SBA rules
• Counseled on Labor law application and E-Verify enrollment for subcontractors on USG contract
• Prepared subcontractor international sales, distribution, licensing and teaming agreements
• Counseled multinational enterprises on international trade compliance under various trade, import and procurement laws in the procurement, import and export context