Government Contracts
Government Contracts
Kelley Drye’s government contracts attorneys and advisors help companies meet the challenges inherent in navigating the competitive and highly regulated public procurement marketplace.  

We leverage the resources of a multidisciplinary law firm—including a highly experienced team of government procurement lawyers, a bipartisan government relations team, and nationally recognized international trade and litigation practices—to assist clients with the full spectrum of issues that arise from government procurements.

Our clients range from small start-ups to Fortune 500 companies and national trade associations that span a variety of industries, including aerospace and defense, construction, architect and engineering (A&E), international advisory services, national security, manufacturing, information technology, biotechnology, health care, financial services, telecommunications and environmental services.

Our attorneys provide counseling on a wide variety of government contracting matters, including:

  • Prime and subcontractor and teaming arrangements/agreements
     
  • Bid protests
     
  • Contract claims and disputes
     
  • Internal and government investigations, including False Claims Act investigations and defense
     
  • Federal appropriations, directed funding and reprogramming
     
  • U.S. Department of Defense Foreign Military Sales (FMS) program and direct commercial sales to foreign governments
     
  • Base Realignment Closure (BRAC)
     
  • Public-private partnerships, privatization, government insourcing/outsourcing, and federal and state grants
     
  • Suspension and debarment proceedings
     
  • Small Business Administration (SBA) programs
     
  • Domestic preference programs, including Buy America Act (BAA), Trade Agreement Act (TAA) and Berry Amendment
     
  • Compliance with export controls, International Traffic in Arms Regulations (ITAR), use of foreign selling agents and the Foreign Corrupt Practices Act (FCPA)
     
  • GSA/VA Federal Supply Schedule contracts
     
  • Leasing and other real property transactions
     
  • M&A due diligence including CFIUS reviews and acquisitions subject to approval by the Defense Security Service (DSS)
 

Our attorneys understand the intricacies of government procurement litigation and are skilled at resolving disputes through negotiation, mediation, arbitration and litigation.  We have history in achieving favorable results for our clients in the venues in which government contract controversies are heard.  This includes bid protests before federal agencies (including the FAA Office of Dispute Resolution for Acquisition), the Government Accountability Office, the Court of Federal Claims and the Court of Appeals for the Federal Circuit.  We also negotiate, defend and prosecute contract claims under the Contract Disputes Act.  We represent subcontractors and prime contractors in disputes at the contract level. We represent federal contractors operating overseas.

We counsel clients facing False Claims Act (FCA) allegations and defend against whistleblower (qui tam) lawsuits brought against government contractors and corporations that participate directly and indirectly in government-funded programs.  We also represent companies in congressional investigations and have significant experience assisting clients with Inspector General (IG) investigations.  We are regularly called on to conduct internal investigations, to provide counsel during investigations and to design remedial compliance and corporate governance strategies, as well as the preparation of voluntary self-disclosures following sensitive internal investigations related to possible credible violations of federal statutes and regulations or possible overpayments.  

Our experience covers the Departments of Defense, Justice, Homeland Security, State, Health and Human Services, Commerce, Treasury, and Veterans Affairs, as well as the U.S. Agency for International Development, the U.S. General Services Administration, the Federal Aviation Administration, Small Business Administration and many other major federal entities.  We defend contractors and other parties facing suspension and debarment from federal contracting.

In addition to understanding the current rules for government contracting, we actively participate in ongoing efforts to reform government contracting practices.  Our team regularly interacts with members of Congress and their staff, including congressional leadership and those who serve on committees with jurisdiction and oversight of procurement, national security and government contracting.  These committees include, but are not limited to, the Senate and House Armed Services, Appropriations, Budget, Veterans Affairs, Homeland Security and Governmental Affairs, and Oversight and Government Reform.

Our recent representative experience includes the following:

  • On behalf of one of the nation’s largest clinical laboratory networks, we successfully protested the award of a $100+ million Department of Defense (DoD) contract, including filing protest at the U.S. Government Accountability Office (GAO) and defending subsequent protests at the GAO and the Court of Federal Claims after our client won the contract award.
     
  • Successfully represented a commercial reference laboratory in protest of a $52 million Department of Navy contract before the Court of Federal Claims.
     
  • Successfully protested the award of a $32 million Department of Veterans Affairs contract at the Court of Federal Claims.
     
  • Successfully represented client in two protests before the Government Accountability Office with respect to a $7 million Department of Veterans Affairs contract.
     
  • Successfully represented the largest provider of translation, transcription and interpretation services in a protest of the U.S. Department of Justice, Drug Enforcement Agency’s award of a $380 million, 5-year IDIQ contract before the GAO.
     
  • On behalf of a leading engineering, project management and consultancy company, successfully protested the United States Coast Guard’s award of a Brooks Act contract, including filing the protest at the GAO.
     
  • On behalf of a small furniture manufacturer/distributer, successfully protested the U.S. General Services Administration’s (GSA) award of a furniture contract on behalf of the U.S. Department of State.
     
  • Successfully protested award of a Department of Veterans Affairs set-aside contract for service-disabled, veteran-owned small business before the GAO. 
     
  • Successfully defended the award of a Federal Aviation Administration contract.
     
  • Successfully countered anticipated agency Inspector General’s recommendation of the proposed debarment of client. As a result, the agency suspension and debarment official declined to follow the IG’s recommendation.
     
  • Successfully responded to Environmental Protection Agency’s proposed debarment of a petroleum products service company and demonstrated to the debarment official’s satisfaction that the company was responsible.
     
  • Prepared a voluntary self-disclosure under the International Traffic in Arms Regulation (ITAR) and implemented compliance system improvements for a major supplier to the U.S. Navy.
     
  • Represented multiple GSA contractors against the government and qui tam relators’ False Claims Act investigation and subsequent lawsuits alleging noncompliance with the Trade Agreements Act.
     
  • Represented multiple defendants against the government and qui tam relators in nationwide False Claims Act cases brought against the health care and pharmaceutical industries and defense contractors.
     
  • Represented company executives at hearings before the Subcommittee on Oversight and Investigations of the House Committee on Energy and Commerce and informal interviews with Committee Staff arising out of or related to large-scale FCA litigation.
     
  • Negotiated False Claims Act settlements with the Department of Justice and the Attorneys General of more than twenty states, including states that are very active in enforcement, including Texas, Florida and Massachusetts.
     
  • Defended medical school and its affiliated hospitals in a federal False Claims Act action alleging New York City hospitals defrauded Medicaid and Medicare programs by overcharging for services.  Kelley Drye successfully moved to dismiss the complaint, and the Second Circuit unanimously affirmed the dismissal.
     
  • Conducted an internal investigation of mispricing allegations identified by a corporate employee, culminating in a self-disclosure to GSA and DoD that was resolved with neither FCA charges nor suspension or debarment proceedings.
     
  • Provide ongoing legislative and regulatory advocacy and litigation related to Buy America and Berry Amendment contract preferences at the federal, state and local level.
     
  • Provide advice and counsel in India related to joint venture between U.S. and Indian defense contractor.
     
  • Assist domestic and foreign client in due diligence and U.S.-control–related issues in connection with purchase of downstream public contractor.
     
  • Provide day-to-day employment, intellectual property, corporate and transactional advice and counsel to public contractors.
     
  • Prepared mandatory disclosure of overpayment and implemented compliance system improvements for small business contractor.
     
  • Participated in acquisition of government contractor including drafting of specific government contract terms in stock purchase agreement and conduct of due diligence related to target’s compliance with government-contract–specific regulations.
     
  • Advised client on steps required to obtain a facility security clearance.
     
  • Advised client on required disclosures to the Committee on Foreign Investment in the United States, where client was being acquired by a foreign corporation.
     
  • Conducted internal investigation in response to governmental investigation into allegations of mischarging under government contract by client employees.
 
 

Overview

Kelley Drye’s government contracts attorneys and advisors help companies meet the challenges inherent in navigating the competitive and highly regulated public procurement marketplace.  

We leverage the resources of a multidisciplinary law firm—including a highly experienced team of government procurement lawyers, a bipartisan government relations team, and nationally recognized international trade and litigation practices—to assist clients with the full spectrum of issues that arise from government procurements.

Our clients range from small start-ups to Fortune 500 companies and national trade associations that span a variety of industries, including aerospace and defense, construction, architect and engineering (A&E), international advisory services, national security, manufacturing, information technology, biotechnology, health care, financial services, telecommunications and environmental services.

Our attorneys provide counseling on a wide variety of government contracting matters, including:

  • Prime and subcontractor and teaming arrangements/agreements
     
  • Bid protests
     
  • Contract claims and disputes
     
  • Internal and government investigations, including False Claims Act investigations and defense
     
  • Federal appropriations, directed funding and reprogramming
     
  • U.S. Department of Defense Foreign Military Sales (FMS) program and direct commercial sales to foreign governments
     
  • Base Realignment Closure (BRAC)
     
  • Public-private partnerships, privatization, government insourcing/outsourcing, and federal and state grants
     
  • Suspension and debarment proceedings
     
  • Small Business Administration (SBA) programs
     
  • Domestic preference programs, including Buy America Act (BAA), Trade Agreement Act (TAA) and Berry Amendment
     
  • Compliance with export controls, International Traffic in Arms Regulations (ITAR), use of foreign selling agents and the Foreign Corrupt Practices Act (FCPA)
     
  • GSA/VA Federal Supply Schedule contracts
     
  • Leasing and other real property transactions
     
  • M&A due diligence including CFIUS reviews and acquisitions subject to approval by the Defense Security Service (DSS)
 

Our attorneys understand the intricacies of government procurement litigation and are skilled at resolving disputes through negotiation, mediation, arbitration and litigation.  We have history in achieving favorable results for our clients in the venues in which government contract controversies are heard.  This includes bid protests before federal agencies (including the FAA Office of Dispute Resolution for Acquisition), the Government Accountability Office, the Court of Federal Claims and the Court of Appeals for the Federal Circuit.  We also negotiate, defend and prosecute contract claims under the Contract Disputes Act.  We represent subcontractors and prime contractors in disputes at the contract level. We represent federal contractors operating overseas.

We counsel clients facing False Claims Act (FCA) allegations and defend against whistleblower (qui tam) lawsuits brought against government contractors and corporations that participate directly and indirectly in government-funded programs.  We also represent companies in congressional investigations and have significant experience assisting clients with Inspector General (IG) investigations.  We are regularly called on to conduct internal investigations, to provide counsel during investigations and to design remedial compliance and corporate governance strategies, as well as the preparation of voluntary self-disclosures following sensitive internal investigations related to possible credible violations of federal statutes and regulations or possible overpayments.  

Our experience covers the Departments of Defense, Justice, Homeland Security, State, Health and Human Services, Commerce, Treasury, and Veterans Affairs, as well as the U.S. Agency for International Development, the U.S. General Services Administration, the Federal Aviation Administration, Small Business Administration and many other major federal entities.  We defend contractors and other parties facing suspension and debarment from federal contracting.

In addition to understanding the current rules for government contracting, we actively participate in ongoing efforts to reform government contracting practices.  Our team regularly interacts with members of Congress and their staff, including congressional leadership and those who serve on committees with jurisdiction and oversight of procurement, national security and government contracting.  These committees include, but are not limited to, the Senate and House Armed Services, Appropriations, Budget, Veterans Affairs, Homeland Security and Governmental Affairs, and Oversight and Government Reform.

Experience

Our recent representative experience includes the following:

  • On behalf of one of the nation’s largest clinical laboratory networks, we successfully protested the award of a $100+ million Department of Defense (DoD) contract, including filing protest at the U.S. Government Accountability Office (GAO) and defending subsequent protests at the GAO and the Court of Federal Claims after our client won the contract award.
     
  • Successfully represented a commercial reference laboratory in protest of a $52 million Department of Navy contract before the Court of Federal Claims.
     
  • Successfully protested the award of a $32 million Department of Veterans Affairs contract at the Court of Federal Claims.
     
  • Successfully represented client in two protests before the Government Accountability Office with respect to a $7 million Department of Veterans Affairs contract.
     
  • Successfully represented the largest provider of translation, transcription and interpretation services in a protest of the U.S. Department of Justice, Drug Enforcement Agency’s award of a $380 million, 5-year IDIQ contract before the GAO.
     
  • On behalf of a leading engineering, project management and consultancy company, successfully protested the United States Coast Guard’s award of a Brooks Act contract, including filing the protest at the GAO.
     
  • On behalf of a small furniture manufacturer/distributer, successfully protested the U.S. General Services Administration’s (GSA) award of a furniture contract on behalf of the U.S. Department of State.
     
  • Successfully protested award of a Department of Veterans Affairs set-aside contract for service-disabled, veteran-owned small business before the GAO. 
     
  • Successfully defended the award of a Federal Aviation Administration contract.
     
  • Successfully countered anticipated agency Inspector General’s recommendation of the proposed debarment of client. As a result, the agency suspension and debarment official declined to follow the IG’s recommendation.
     
  • Successfully responded to Environmental Protection Agency’s proposed debarment of a petroleum products service company and demonstrated to the debarment official’s satisfaction that the company was responsible.
     
  • Prepared a voluntary self-disclosure under the International Traffic in Arms Regulation (ITAR) and implemented compliance system improvements for a major supplier to the U.S. Navy.
     
  • Represented multiple GSA contractors against the government and qui tam relators’ False Claims Act investigation and subsequent lawsuits alleging noncompliance with the Trade Agreements Act.
     
  • Represented multiple defendants against the government and qui tam relators in nationwide False Claims Act cases brought against the health care and pharmaceutical industries and defense contractors.
     
  • Represented company executives at hearings before the Subcommittee on Oversight and Investigations of the House Committee on Energy and Commerce and informal interviews with Committee Staff arising out of or related to large-scale FCA litigation.
     
  • Negotiated False Claims Act settlements with the Department of Justice and the Attorneys General of more than twenty states, including states that are very active in enforcement, including Texas, Florida and Massachusetts.
     
  • Defended medical school and its affiliated hospitals in a federal False Claims Act action alleging New York City hospitals defrauded Medicaid and Medicare programs by overcharging for services.  Kelley Drye successfully moved to dismiss the complaint, and the Second Circuit unanimously affirmed the dismissal.
     
  • Conducted an internal investigation of mispricing allegations identified by a corporate employee, culminating in a self-disclosure to GSA and DoD that was resolved with neither FCA charges nor suspension or debarment proceedings.
     
  • Provide ongoing legislative and regulatory advocacy and litigation related to Buy America and Berry Amendment contract preferences at the federal, state and local level.
     
  • Provide advice and counsel in India related to joint venture between U.S. and Indian defense contractor.
     
  • Assist domestic and foreign client in due diligence and U.S.-control–related issues in connection with purchase of downstream public contractor.
     
  • Provide day-to-day employment, intellectual property, corporate and transactional advice and counsel to public contractors.
     
  • Prepared mandatory disclosure of overpayment and implemented compliance system improvements for small business contractor.
     
  • Participated in acquisition of government contractor including drafting of specific government contract terms in stock purchase agreement and conduct of due diligence related to target’s compliance with government-contract–specific regulations.
     
  • Advised client on steps required to obtain a facility security clearance.
     
  • Advised client on required disclosures to the Committee on Foreign Investment in the United States, where client was being acquired by a foreign corporation.
     
  • Conducted internal investigation in response to governmental investigation into allegations of mischarging under government contract by client employees.
Senior Advisor
Email (202) 342-8577(202) 342-8577
Joe Corrigan chairs the firm’s Government Contracts practice group.  Joe offers clients a multidimensional understanding of the procedural, regulatory and policy issues associated with ...
Partner
Email (212) 808-5000(212) 808-5000
John Dellaportas is co-chair of Kelley Drye’s Securities Litigation and Enforcement practice.  John has more than two decades of experience representing clients in high-stakes commercia...
Partner
Email (202) 342-8648(202) 342-8648
David Frulla practices in the areas of government relations and public policy, campaign finance and political law, litigation and environmental law.  A determined advocate, effective negotiato...
Partner
Email (202) 342-8834(202) 342-8834
David Hickey counsels clients on a wide spectrum of legal and legislative matters related to federal contracts, defense and national security issues.  David regularly advises on multipart iss...
Partner
Email (202) 342-8521(202) 342-8521
A member of the firm’s Government Contracts group, Will Jack represents clients at the Government Accountability Office, the U.S. Court of Federal Claims and before Boards of Contract Appeal...
Partner
Email (202) 342-8410(202) 342-8410
Dorn “Bo” McGrath is a member of the firm’s Government Contracts practice group.  He has more than three decades of experience representing contractors, subcontractors, owne...
Partner
Email (212) 808-7695(212) 808-7695
Jaimie Nawaday focuses her practice on government investigations, white collar defense and civil litigation.  She advises and represents organizations and individuals in government investigati...
Senior Advisor
Email (202) 342-8813(202) 342-8813
Michael Williams is a senior advisor in Kelley Drye & Warren LLP’s Washington, D.C. office and a member of the firm’s Government Contracts and Government Relations and Public Polic...
Special Counsel
Email (202) 342-8625(202) 342-8625
Beth Johnson’s practice focuses on government contracts and compliance.  Beth counsels clients on a wide range of legal and legislative matters related to federal, state and local govern...
Senior Associate
Email (202) 342-8412(202) 342-8412
Amba Datta focuses her practice on government contracts, internal investigations and compliance.  She counsels and represents clients on a broad range of government contracts-related matters, ...
Associate
Email (202) 342-8823(202) 342-8823
Alexandra Barbee-Garrett is an associate in the firm’s Washington, D.C. office. Her practice focuses on government contracts. Alexandra collaborates with senior attorneys to assist clients i...