Government Contracts
Our full-service Chambers-ranked practice provides counseling, litigation and transactional support for companies that contract with federal, state and local governments. Our clients include public and private businesses ranging from Fortune 500 companies with complex government contracting issues to small and emerging businesses just entering government markets. The Bass, Berry & Sims team has decades of experience across a wide variety of industries including sectors such as aerospace, defense, education, healthcare and technology.
Our team handles bid protests, government claims, internal investigations and procurement fraud litigation. We also support mergers and acquisitions, ensuring compliance and managing risks associated with federal contracts.
The Bass, Berry & Sims team also assist businesses with understanding, negotiating and navigating government contracts. We advise clients on the full spectrum of government contracting regulations including Federal Acquisition Regulations (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), small business, intellectual property, domestic preference and Foreign Ownership, Control or Influence (FOCI) among others. Our team has the requisite security clearances to assist on sensitive matters when necessary.
What Sets Us Apart
- Expensive Bid Protest Experience: Our team brings decades of experience in bid protests, representing both protesters and intervenors at the Government Accountability Office (GAO) and the Court of Federal Claims. We have managed over 100 protests involving contracts up to $9.7 billion, representing a diverse range of businesses. While many cases are resolved through corrective action, we are also counsel of record in numerous reported decisions.
- Experience in Government Contractor Acquisitions: Our lawyers have represented clients in nearly 100 deals involving government contractors ranging in size from $5 million to more than $2 billion. We have served as counsel in more than 30 private equity transactions involving government contractors. Our lawyers have served as counsel to government contractor acquisitions for more than $10 billion in aggregate deal value. This experience has given us a thorough understanding of the complexities involved in deals with government contractors.
- Proven Track Record in Procurement Fraud Matters: Our lawyers bring decades of experience in handling False Claims Act cases, with a particular focus in procurement fraud matters. We have successfully litigated and resolved allegations across various jurisdictions nationwide, demonstrating our deep knowledge and effectiveness in this complex area. A number of our attorneys previously held leadership roles in the Department of Justice (DOJ) and other government agencies, giving us valuable insight into procurement fraud matters.
- Collaborative Approach and Comprehensive Solutions: Our Government Contracts practice seamlessly integrates with other firm practice areas such as Labor & Employment, Compliance & Government Investigations, Intellectual Property & Technology, Mergers & Acquisitions, and Business Disputes. By harnessing the experience of attorneys across various disciplines, we assemble a team to deliver cohesive and efficient solutions tailored to meet our clients’ diverse business needs.
- Reputation as a Leader in the Field: In 2024, Chambers USA ranked the firm’s Government Contracts group as a “highly regarded” practice in the nationwide category. According to Chambers research, the firm has a “respected practice, noted for its aptitude in advising clients on a host of issues, including bid protests, contract formation and transactions. The law firm draws clients from a range of sectors including defense and national security.”
Areas of Focus
- Prosecuting and defending federal and state level bid protests at the Government Accountability Office (GAO), U.S. Court of Federal Claims (CFC) and various state venues.
- Representing companies in disputes with federal and state agencies, including if necessary, litigation at the CFC, a board of contract appeal or in federal or state court.
- Resolving commercial disputes related to government contracts, including prime-subcontractor disputes.
- Advising companies on the sale of commercial items and services under Federal Acquisition Regulation (FAR) Part 12, including counseling on commercial software license agreements.
- Advising on proposals to obtain a General Services Administration (GSA) Federal Supply Schedule (FSS) contract, negotiating the “basis of award” customer and recommending procedures to comply with price monitoring requirements.
- Representing contractors in GSA pre- and post-award audits and investigations concerning FSS contracts.
- Reviewing and assessing federal and state level solicitations and bid proposals to maximize success and limit regulatory burdens.
- Assisting in negotiation of prime and subcontract awards, including advising on Federal Acquisition Regulation (FAR) flowdown requirements.
- Drafting and negotiating teaming agreements, nondisclosure agreements and joint venture relationships.
- Drafting Codes of Business Ethics and Conduct and the related internal policies and procedures, including ethics and compliance training programs.
- Analyzing Organizational Conflict of Interest issues that may arise in government programs and recommending methods to mitigate the actual or potential conflict.
- Counseling clients on unique requirements on gratuity and gift restrictions and post-government employment hiring.
- Advising on all aspects of facility security clearance (FCL) application process, to include completion of SF-328 and other required documents.
- Counseling foreign owned companies on procedures to pursue classified work and obtain an FCL.
- Negotiating foreign ownership control or influence (FOCI) mitigation agreements with the Defense Security Service.
- Counseling clients on the Federal Acquisition Regulation (FAR)’s unique set of cost allowability principles and the applicability of Cost Accounting Standards to a companies’ government contracts portfolio.
- Assisting businesses in responding to Defense Contract Audit Agency (DCAA) audits and/or questions regarding incurred cost submissions.
- Providing training on cost principles, Truth in Negotiations Act and the Cost Accounting Standards.
- Counseling on issues involving intellectual property developed or delivered under government contracts, including protecting intellectual property rights to software and hardware customized for government customers, invention disclosure, and how to properly mark technical data delivered under government contracts.
- Drafting intellectual property clauses for subcontracts and teaming agreements.
- Advising on unique funding opportunities such as Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs, and how to maximize related intellectual property rights.
- Conducting internal investigations of alleged wrongdoing relating to any aspect of government contracts or grants, including allegations of False Claims Act violations, procurement fraud, product substitution and ethical violations.
- Counseling clients regarding whether “credible evidence” of a violation exists that triggers the mandatory disclosure obligations under the Federal Acquisition Regulation (FAR).
- Guiding clients through the disclosure and government investigation process.
- Identifying and analyzing risks associated with specific government contract types and compliance obligations.
- Analyzing regulatory, accounting and tax implications of alternative structures and addressing issues related to dispositions.
- Negotiating transaction documents unique to government contractor acquisitions.
- Assisting in required notices and filings with regulatory agencies.
- Working with clients on post-closing obligations and rights.
- Advising businesses on how to participate in various small business preference programs, including Small Business Administration (SBA)’s 8(a) Business Development program, the Veteran Affair’s (VA) Veterans First Contracting Program, Women Owned Small Business (WOSB) set aside programs, and SBA’s HUBZone program.
- Representing companies in SBA size determinations and size protests at SBA’s Office of Hearings and Appeals.
- Counseling on the unique size standard affiliation issues that can impact a small business’ continued eligibility for set aside contracts.
- Counseling clients on whether to affirmatively engage suspending and debarring officials (SDOs) regarding issues that might impact a contractor’s “present responsibility.”
- Responding to federal and state SDO show cause notices and notices of suspension or proposed debarment and, when necessary, negotiating administrative agreements to resolve government concerns.
- Appearing before federal and state SDOs, including the Air Force, Army, Navy, Defense Logistics Agency, Environmental Protection Agency, General Services Administration, Homeland Security, Small Business Administration, among others.
Featured Experience
-
We represented AM General (AMG), an automotive manufacturer that builds military vehicles for government customers, including the Humvee, in a...
-
Bass, Berry & Sims advised Kanders & Company, Inc., a U.S.-based single-family office owned and controlled by Warren B. Kanders,...
-
We represented a government contractor who filed a size protest before the Small Business Administration (SBA) Area Office, contending the...
-
On behalf of an 8(a) small business client, we filed a pre-award protest at the Government Accountability Office (GAO) after...
-
We represented a global aerospace and defense company in an extensive federal False Claims Act (FCA) investigation into complex commercial...
Our full-service Chambers-ranked practice provides counseling, litigation and transactional support for companies that contract with federal, state and local governments. Our clients include public and private businesses ranging from Fortune 500 companies with complex government contracting issues to small and emerging businesses just entering government markets. The Bass, Berry & Sims team has decades of experience across a wide variety of industries including sectors such as aerospace, defense, education, healthcare and technology.
Our team handles bid protests, government claims, internal investigations and procurement fraud litigation. We also support mergers and acquisitions, ensuring compliance and managing risks associated with federal contracts.
The Bass, Berry & Sims team also assist businesses with understanding, negotiating and navigating government contracts. We advise clients on the full spectrum of government contracting regulations including Federal Acquisition Regulations (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), small business, intellectual property, domestic preference and Foreign Ownership, Control or Influence (FOCI) among others. Our team has the requisite security clearances to assist on sensitive matters when necessary.
What Sets Us Apart
- Expensive Bid Protest Experience: Our team brings decades of experience in bid protests, representing both protesters and intervenors at the Government Accountability Office (GAO) and the Court of Federal Claims. We have managed over 100 protests involving contracts up to $9.7 billion, representing a diverse range of businesses. While many cases are resolved through corrective action, we are also counsel of record in numerous reported decisions.
- Experience in Government Contractor Acquisitions: Our lawyers have represented clients in nearly 100 deals involving government contractors ranging in size from $5 million to more than $2 billion. We have served as counsel in more than 30 private equity transactions involving government contractors. Our lawyers have served as counsel to government contractor acquisitions for more than $10 billion in aggregate deal value. This experience has given us a thorough understanding of the complexities involved in deals with government contractors.
- Proven Track Record in Procurement Fraud Matters: Our lawyers bring decades of experience in handling False Claims Act cases, with a particular focus in procurement fraud matters. We have successfully litigated and resolved allegations across various jurisdictions nationwide, demonstrating our deep knowledge and effectiveness in this complex area. A number of our attorneys previously held leadership roles in the Department of Justice (DOJ) and other government agencies, giving us valuable insight into procurement fraud matters.
- Collaborative Approach and Comprehensive Solutions: Our Government Contracts practice seamlessly integrates with other firm practice areas such as Labor & Employment, Compliance & Government Investigations, Intellectual Property & Technology, Mergers & Acquisitions, and Business Disputes. By harnessing the experience of attorneys across various disciplines, we assemble a team to deliver cohesive and efficient solutions tailored to meet our clients’ diverse business needs.
- Reputation as a Leader in the Field: In 2024, Chambers USA ranked the firm’s Government Contracts group as a “highly regarded” practice in the nationwide category. According to Chambers research, the firm has a “respected practice, noted for its aptitude in advising clients on a host of issues, including bid protests, contract formation and transactions. The law firm draws clients from a range of sectors including defense and national security.”
Areas of Focus
- Prosecuting and defending federal and state level bid protests at the Government Accountability Office (GAO), U.S. Court of Federal Claims (CFC) and various state venues.
- Representing companies in disputes with federal and state agencies, including if necessary, litigation at the CFC, a board of contract appeal or in federal or state court.
- Resolving commercial disputes related to government contracts, including prime-subcontractor disputes.
- Advising companies on the sale of commercial items and services under Federal Acquisition Regulation (FAR) Part 12, including counseling on commercial software license agreements.
- Advising on proposals to obtain a General Services Administration (GSA) Federal Supply Schedule (FSS) contract, negotiating the “basis of award” customer and recommending procedures to comply with price monitoring requirements.
- Representing contractors in GSA pre- and post-award audits and investigations concerning FSS contracts.
- Reviewing and assessing federal and state level solicitations and bid proposals to maximize success and limit regulatory burdens.
- Assisting in negotiation of prime and subcontract awards, including advising on Federal Acquisition Regulation (FAR) flowdown requirements.
- Drafting and negotiating teaming agreements, nondisclosure agreements and joint venture relationships.
- Drafting Codes of Business Ethics and Conduct and the related internal policies and procedures, including ethics and compliance training programs.
- Analyzing Organizational Conflict of Interest issues that may arise in government programs and recommending methods to mitigate the actual or potential conflict.
- Counseling clients on unique requirements on gratuity and gift restrictions and post-government employment hiring.
- Advising on all aspects of facility security clearance (FCL) application process, to include completion of SF-328 and other required documents.
- Counseling foreign owned companies on procedures to pursue classified work and obtain an FCL.
- Negotiating foreign ownership control or influence (FOCI) mitigation agreements with the Defense Security Service.
- Counseling clients on the Federal Acquisition Regulation (FAR)’s unique set of cost allowability principles and the applicability of Cost Accounting Standards to a companies’ government contracts portfolio.
- Assisting businesses in responding to Defense Contract Audit Agency (DCAA) audits and/or questions regarding incurred cost submissions.
- Providing training on cost principles, Truth in Negotiations Act and the Cost Accounting Standards.
- Counseling on issues involving intellectual property developed or delivered under government contracts, including protecting intellectual property rights to software and hardware customized for government customers, invention disclosure, and how to properly mark technical data delivered under government contracts.
- Drafting intellectual property clauses for subcontracts and teaming agreements.
- Advising on unique funding opportunities such as Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs, and how to maximize related intellectual property rights.
- Conducting internal investigations of alleged wrongdoing relating to any aspect of government contracts or grants, including allegations of False Claims Act violations, procurement fraud, product substitution and ethical violations.
- Counseling clients regarding whether “credible evidence” of a violation exists that triggers the mandatory disclosure obligations under the Federal Acquisition Regulation (FAR).
- Guiding clients through the disclosure and government investigation process.
- Identifying and analyzing risks associated with specific government contract types and compliance obligations.
- Analyzing regulatory, accounting and tax implications of alternative structures and addressing issues related to dispositions.
- Negotiating transaction documents unique to government contractor acquisitions.
- Assisting in required notices and filings with regulatory agencies.
- Working with clients on post-closing obligations and rights.
- Advising businesses on how to participate in various small business preference programs, including Small Business Administration (SBA)’s 8(a) Business Development program, the Veteran Affair’s (VA) Veterans First Contracting Program, Women Owned Small Business (WOSB) set aside programs, and SBA’s HUBZone program.
- Representing companies in SBA size determinations and size protests at SBA’s Office of Hearings and Appeals.
- Counseling on the unique size standard affiliation issues that can impact a small business’ continued eligibility for set aside contracts.
- Counseling clients on whether to affirmatively engage suspending and debarring officials (SDOs) regarding issues that might impact a contractor’s “present responsibility.”
- Responding to federal and state SDO show cause notices and notices of suspension or proposed debarment and, when necessary, negotiating administrative agreements to resolve government concerns.
- Appearing before federal and state SDOs, including the Air Force, Army, Navy, Defense Logistics Agency, Environmental Protection Agency, General Services Administration, Homeland Security, Small Business Administration, among others.
Experience
-
We represented AM General (AMG), an automotive manufacturer that builds military vehicles for government customers, including the Humvee, in a...
-
Bass, Berry & Sims advised Kanders & Company, Inc., a U.S.-based single-family office owned and controlled by Warren B. Kanders,...
-
We represented a government contractor who filed a size protest before the Small Business Administration (SBA) Area Office, contending the...
-
On behalf of an 8(a) small business client, we filed a pre-award protest at the Government Accountability Office (GAO) after...
-
We represented a global aerospace and defense company in an extensive federal False Claims Act (FCA) investigation into complex commercial...
-
We guided a U.S. private equity firm through its acquisition of a defense contractor with significant international operations. We led...
-
We represent Deep Insight Solutions, Inc. dba BOSS AI, a technology services company that helps organizations create business strategies by optimizing...
-
We represented a government contractor in litigation related to a contract for a field maintenance manual for a refrigerated container...
-
We represented a defense contractor in litigation in the Central District of California related to contracts for the purchase and...
-
We advise a public university system on compliance with the rules associated with grants and contracts from NIH, NSF, and...
-
We represented Serco Inc., a provider of professional, technology, and management services, in its acquisition of Whitney, Bradley & Brown,...
-
We represented Boston Children's Hospital with intellectual property, business, and government contracting issues associated with VaccineFinder. We also assisted Boston...
-
After a successful challenge last year to the award of a service-disabled veteran-owned small business (SDVOSB) set aside task order...
-
We have represented Planned Systems International (PSI), a global information technology services and solutions provider, through several protests that resulted...
-
On behalf of our client, HID Global, a global manufacturer of identity protection and security products and solutions, we filed...
Experience
-
We represented AM General (AMG), an automotive manufacturer that builds military vehicles for government customers, including the Humvee, in a...
-
Bass, Berry & Sims advised Kanders & Company, Inc., a U.S.-based single-family office owned and controlled by Warren B. Kanders,...
-
We represented a government contractor who filed a size protest before the Small Business Administration (SBA) Area Office, contending the...
-
On behalf of an 8(a) small business client, we filed a pre-award protest at the Government Accountability Office (GAO) after...
-
We represented a global aerospace and defense company in an extensive federal False Claims Act (FCA) investigation into complex commercial...
-
We guided a U.S. private equity firm through its acquisition of a defense contractor with significant international operations. We led...
-
We represent Deep Insight Solutions, Inc. dba BOSS AI, a technology services company that helps organizations create business strategies by optimizing...
-
We represented a government contractor in litigation related to a contract for a field maintenance manual for a refrigerated container...
-
We represented a defense contractor in litigation in the Central District of California related to contracts for the purchase and...
-
We advise a public university system on compliance with the rules associated with grants and contracts from NIH, NSF, and...
-
We represented Serco Inc., a provider of professional, technology, and management services, in its acquisition of Whitney, Bradley & Brown,...
-
We represented Boston Children's Hospital with intellectual property, business, and government contracting issues associated with VaccineFinder. We also assisted Boston...
-
After a successful challenge last year to the award of a service-disabled veteran-owned small business (SDVOSB) set aside task order...
-
We have represented Planned Systems International (PSI), a global information technology services and solutions provider, through several protests that resulted...
-
On behalf of our client, HID Global, a global manufacturer of identity protection and security products and solutions, we filed...
Professionals
| Name | Phone | |
|---|---|---|
|
Richard W. Arnholt Member |
(202) 827-2971 | rarnholt@bassberry.com |
|
Denise M. Barnes Member |
(202) 827-7214 | Denise.Barnes@bassberry.com |
|
Adam Briscoe Associate |
(202) 827-2961 | adam.briscoe@bassberry.com |
|
Brian M. Dobbs Member |
(615) 742-7884 | bdobbs@bassberry.com |
|
Brian R. Iverson Member |
(202) 827-2954 | biverson@bassberry.com |
|
Thaddeus R. McBride Member |
+1 (202) 827-2959 | tmcbride@bassberry.com |
|
Todd R. Overman Member |
(202) 827-2975 | toverman@bassberry.com |
|
Erica Vick Penley Member |
(615) 742-7901 | epenley@bassberry.com |
|
Ryan D. Thomas Member |
(615) 742-7765 | rthomas@bassberry.com |
|
Jeffrey P. Yarbro Counsel |
(615) 742-7793 | jyarbro@bassberry.com |
|
Sylvia Yi Counsel |
(202) 827-2993 | Sylvia.Yi@bassberry.com |
|
Gregory T. Young Counsel |
(615) 742-6216 | Greg.Young@bassberry.com |
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"Bass, Berry & Sims PLC has a respected practice, noted for its aptitude in advising clients on a host of issues, including bid protests, contract formation and transactions. The law firm draws clients from a range of sectors including defense and national security." Client feedback: "The Bass Berry & Sims team is extremely knowledgeable in government contracts and in practical application in the business environment." "The firm knows the value of providing a competitive solution."
From Chambers USA 2024