The Federal Government spends hundreds of billions of dollars annually on contracts ranging from cybersecurity to aircraft carriers to consulting support. Unlike standard business contracts, government contracts are subject to a unique set of standards and regulations designed to ensure that the company awarded the contract is a fair and thoughtful steward of taxpayer funds. For this reason, wherever you are in the Government Contracting process – whether it’s the solicitation stage or the final audit – it’s vital to engage a law firm with experience in government contracts.
Here’s what this support might look like at each stage of the GovCon contract lifecycle.
Solicitation. At this stage, a federal agency invites vendors to submit bids, quotes, or proposals for a project. Legal support might involve guiding the creation of best practice processes and procedures, navigating compliance and regulations, and helping avoid non-compliance issues.
Proposal. At this stage, vendors will develop a proposal covering technical and cost proposals, outline a management approach, including timelines and deliverables, and highlight relevant past performance that supports their bid worthiness. Legal guidance at this stage might involve risk identification, including protecting intellectual property rights, and navigating potential compliance or enforcement trends.
Award. The contract is formally assigned to the winning bidder, and work is set to begin. However, bidders may protest an award they have not been awarded or defend an award they have won. Legal guidance at this stage can involve protesting and defending awards at the federal or state level, with the goal of achieving an outcome that’s in the client’s favor.
Begin work. After the contract has been awarded and defended, it’s time to begin work. Depending on the contract, this might involve working with subcontractors or the prime contract, as well as with specific technologies or intellectual property. Legal guidance can help with negotiating teaming agreements and draw up documents to protect intellectual property.
Milestones. Milestones mark different phases in a contract and identify when a contractor can move to the next phase. If disputes against the government, subcontractors, or prime contractors arise at this point, an attorney can prepare a claim and litigate a dispute.
Completion. Contract completion arises when all milestones have been met, or when the government issues a termination for convenience or termination for fault. Legal guidance at this phase might involve helping negotiate disputes or seeking to convert one type of termination to another.
Closeout. This phase happens after the milestones have been met and involves administrative completion. At this phase of the contract, the contracting officer verifies that all legal and administrative tasks required by the agreement have been completed. Additionally, the contractor must ensure that all invoices, disputes, documentation, and property returns are handled. An attorney can help government contractors navigate litigation and other disputes.
Audit. Final audits involve an inspection of costs and expenses under the contract. An experienced government contracts attorney can support a smooth closing process by guiding contractors through investigations and disclosures.
Government Contractor? Engage Warner PLLC
At Warner PLLC, we offer guidance to government contractors and grant recipients through all phases of the procurement and performance life cycle, including bid protests, claims, appeals, and termination settlements. We have extensive experience proactively addressing government-led audits and investigations. For guidance tailored to your unique situation, contact our attorneys today.
