Jones Day - Services - Government Contracts

The Firm's Government Contracts practice spans the full range of government contracts related counseling and litigation. Our clients include U.S. and non-U.S. corporations engaged in a wide spectrum of commercial and defense related industries, including aerospace, engineering and construction, computer technology, nuclear facilities, environmental remediation, healthcare, munitions, energy, and telecommunications. We have worked with clients on matters relating to most federal agencies including DOD, GSA, EPA, DOS, USAID, DOI, VA, the Corps of Engineers, U.S. Postal Service, and the Architect of the Capitol.

Pre-Award Counseling

Our experiences in the pre-award counseling area include advice concerning the Federal Acquisition Regulations teaming agreements and joint ventures, and conducting contract and specification risk reviews.

Litigation to Gain or Retain Government Contracts

Jones Day lawyers have considerable experience in litigating contract award disputes before all of the relevant decisional authorities, e.g., bid protest cases before the General Accounting Office and injunction actions before the United States Court of Federal Claims.

Post-Award Counseling and Litigation

Careful attention to a contractor's rights under a contract or subcontract can have a substantial impact on profitability. Jones Day lawyers provide valuable counseling during contract performance to avoid problems, resolve disagreements before they become disputes, and help position clients for the best possible resolution of unavoidable disputes. Our lawyers are well versed in claims preparation and litigation, and they are experienced in handling cases before Boards of Contract Appeals, the United States Court of Federal Claims, and other federal and state courts.

Jones Day's lawyers also have been successful in overturning default terminations through litigation and through presentations to agency officials that result in a negotiated resolution, thereby avoiding the expense of litigation. Although our lawyers are experienced in traditional litigation, they are familiar with and, in appropriate cases, encourage the use of alternative means of resolving disputes, such as mediation and arbitration.

Cost Issues and Defective Pricing

Government contract cost principles, the Cost Accounting Standards (CAS), and the Truth In Negotiation Act can affect the pricing of, accounting for, and ultimate profitability of, contracts and contract modifications. They often impose significant record keeping, disclosure and other administrative burdens. Our lawyers assist clients in negotiating with government auditors and contracting officials on questions of the allowability of costs and contractors' compliance with cost principles and the CAS. Jones Day, for example, represented a major aerospace contractor in successfully resolving, without litigation, cost disallowances and assertions of defective pricing that, if sustained, would have cost the client tens of millions of dollars.

Intellectual Property

A company's proprietary technical data, computer software, and trade secrets can be its most valuable assets. Jones Day lawyers help companies defend against government efforts to take expansive rights in such information. Our lawyers also have helped forestall disputes by counseling clients on how such data should be protected both before and after contract award. Jones Day lawyers, usually in conjunction with lawyers from our Intellectual Property practice, often assist contractors during the contract negotiation process to maximize protections for valuable intellectual property.

Prime Contractor-Subcontractor Disputes

Government contracts involve not only a maze of statutory and regulatory constraints but also another complex set of private relationships -- e.g., subcontracts, joint ventures, and teaming agreements -- that necessarily support the prime contract effort. Jones Day lawyers are familiar with the formation and implementation of these agreements and have provided counseling and litigation assistance concerning all aspects of these arrangements.

Corporate Organizations

The acquisition, divestiture, or reorganization of a corporate entity performing government contracts requires an appreciation of government restrictions on assignments of contracts, cost recovery limitations, and industrial security requirements. Our lawyers have represented a number of U.S. and international companies, as well as financial institutions, in connection with these mergers and acquisitions, including the drafting of special terms and conditions, the conduct of due diligence reviews, Exon-Florio submissions, novation agreements and interaction with the Defense Security Service concerning maintenance of security clearances.

Whistle-Blower Lawsuits and Fraud Investigations

Government contractors frequently face allegations that, in some fashion, they defrauded the government or submitted false claims to the government. Jones Day lawyers have extensive experience in dealing with internal and government investigations and defending False Claims Act or qui tam lawsuits and, in connection with our Corporate Criminal Investigation practice, related grand jury proceedings.

Compliance and Educational Programs

The best "resolution" of fraud, waste, and abuse or false claims allegations, of course, is to prevent them from arising in the first place. Jones Day lawyers draw on their substantial experience to counsel contractors on establishing effective compliance and training programs to make it less likely that such allegations will arise. We recently conducted an extensive compliance training program for a major contractor involved in reconstruction projects in the Middle East. The seminars were presented to personnel in the U.S., Europe, Jordan, and Iraq.

Contact(s)

Peter F. Garvin III
Washington
Tel: 1.202.879.3939
E-mail

	Print Page Email Page Select a Language Government Contracts - Overview
Lawyers Staff Overview Professionals News Publications Contact(s) Peter F. Garvin III Washington Tel: 1.202.879.3939 E-mail Main Practice Government Regulation	The Firm's Government Contracts practice spans the full range of government contracts related counseling and litigation. Our clients include U.S. and non-U.S. corporations engaged in a wide spectrum of commercial and defense related industries, including aerospace, engineering and construction, computer technology, nuclear facilities, environmental remediation, healthcare, munitions, energy, and telecommunications. We have worked with clients on matters relating to most federal agencies including DOD, GSA, EPA, DOS, USAID, DOI, VA, the Corps of Engineers, U.S. Postal Service, and the Architect of the Capitol. Pre-Award Counseling Our experiences in the pre-award counseling area include advice concerning the Federal Acquisition Regulations teaming agreements and joint ventures, and conducting contract and specification risk reviews. Litigation to Gain or Retain Government Contracts Jones Day lawyers have considerable experience in litigating contract award disputes before all of the relevant decisional authorities, e.g., bid protest cases before the General Accounting Office and injunction actions before the United States Court of Federal Claims. Post-Award Counseling and Litigation Careful attention to a contractor's rights under a contract or subcontract can have a substantial impact on profitability. Jones Day lawyers provide valuable counseling during contract performance to avoid problems, resolve disagreements before they become disputes, and help position clients for the best possible resolution of unavoidable disputes. Our lawyers are well versed in claims preparation and litigation, and they are experienced in handling cases before Boards of Contract Appeals, the United States Court of Federal Claims, and other federal and state courts. Jones Day's lawyers also have been successful in overturning default terminations through litigation and through presentations to agency officials that result in a negotiated resolution, thereby avoiding the expense of litigation. Although our lawyers are experienced in traditional litigation, they are familiar with and, in appropriate cases, encourage the use of alternative means of resolving disputes, such as mediation and arbitration. Cost Issues and Defective Pricing Government contract cost principles, the Cost Accounting Standards (CAS), and the Truth In Negotiation Act can affect the pricing of, accounting for, and ultimate profitability of, contracts and contract modifications. They often impose significant record keeping, disclosure and other administrative burdens. Our lawyers assist clients in negotiating with government auditors and contracting officials on questions of the allowability of costs and contractors' compliance with cost principles and the CAS. Jones Day, for example, represented a major aerospace contractor in successfully resolving, without litigation, cost disallowances and assertions of defective pricing that, if sustained, would have cost the client tens of millions of dollars. Intellectual Property A company's proprietary technical data, computer software, and trade secrets can be its most valuable assets. Jones Day lawyers help companies defend against government efforts to take expansive rights in such information. Our lawyers also have helped forestall disputes by counseling clients on how such data should be protected both before and after contract award. Jones Day lawyers, usually in conjunction with lawyers from our Intellectual Property practice, often assist contractors during the contract negotiation process to maximize protections for valuable intellectual property. Prime Contractor-Subcontractor Disputes Government contracts involve not only a maze of statutory and regulatory constraints but also another complex set of private relationships -- e.g., subcontracts, joint ventures, and teaming agreements -- that necessarily support the prime contract effort. Jones Day lawyers are familiar with the formation and implementation of these agreements and have provided counseling and litigation assistance concerning all aspects of these arrangements. Corporate Organizations The acquisition, divestiture, or reorganization of a corporate entity performing government contracts requires an appreciation of government restrictions on assignments of contracts, cost recovery limitations, and industrial security requirements. Our lawyers have represented a number of U.S. and international companies, as well as financial institutions, in connection with these mergers and acquisitions, including the drafting of special terms and conditions, the conduct of due diligence reviews, Exon-Florio submissions, novation agreements and interaction with the Defense Security Service concerning maintenance of security clearances. Whistle-Blower Lawsuits and Fraud Investigations Government contractors frequently face allegations that, in some fashion, they defrauded the government or submitted false claims to the government. Jones Day lawyers have extensive experience in dealing with internal and government investigations and defending False Claims Act or qui tam lawsuits and, in connection with our Corporate Criminal Investigation practice, related grand jury proceedings. Compliance and Educational Programs The best "resolution" of fraud, waste, and abuse or false claims allegations, of course, is to prevent them from arising in the first place. Jones Day lawyers draw on their substantial experience to counsel contractors on establishing effective compliance and training programs to make it less likely that such allegations will arise. We recently conducted an extensive compliance training program for a major contractor involved in reconstruction projects in the Middle East. The seminars were presented to personnel in the U.S., Europe, Jordan, and Iraq. Contact(s) Peter F. Garvin III Washington Tel: 1.202.879.3939 E-mail