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Practice Leader: Richard J. Conway

For even the most sophisticated companies, the world of government contracting can be a tough maze to conquer. Dickstein Shapiro leads the way in providing comprehensive advice and support, from the fundamentals to high-stakes litigation. We will be the guide you need.

A reliable partner

Dickstein Shapiro takes a holistic approach to representing companies in government contracts matters. By forging lasting relationships with our clients, we gain insight into how the issues we handle fit within their long-range business equations. We take the time and effort to learn your business, from the technology that drives your products and services to how a specific legal outcome, or even a single piece of advice, can affect your bottom line. Furthermore, we take care of fundamentals, such as providing updates on new regulations and trends in enforcement, so when an important legal need arises, we are ready to provide tailored, informed counsel. The better we know you, the better we can serve you.

What sets us apart?

• 26+ attorneys dedicated full-time to your government contracts issues
• 8 former clerks for judges of the U.S. Court of Federal Claims
• 27+ former federal and state prosecutors
• 17 former assistant U.S. Attorneys
• Several former federal agency attorneys
• Many officers in government contracts bar associations

Contracts and beyond

Our team can help you win, perform, and retain government contracts, and our successes have earned us a worldwide reputation for excellence. The firm has been recognized by Chambers USA, and the International Legal Alliance Summit, a panel of active general counsel, honored us with its Silver Award for “Best US Public Procurement and Government Relations Law Firm.”

Simply put, we are equipped to deal with any kind of legal issue a government contractor might face. Our most significant strengths and capabilities lie where contractors need effective representation most: bid protests, dispute resolution and litigation, compliance and enforcement, and government relations.

CAPABILITIES

Contract formation and negotiation

We are skilled negotiators with decades of experience and can help your company secure the best possible terms for its projects. We have guided clients in:

• Formulating and drafting all aspects of standard forms and conditions under fixed price and cost type contracts and subcontracts for use under Department of Defense, NASA, and other agency programs; and
• Addressing government attempts to include non-mandatory clauses in their contracts.

Bid protests

Our attorneys have achieved national recognition for successful representation of clients in large, technically complex bid protests, as well as protests involving smaller procurements. This work includes:

• Successful resolution of dozens of protests involving information technology, systems integration, and cutting-edge technologies, including a successful series of protests of the multibillion-dollar award of one of the first major omnibus information technology contracts;
• Procurements by leading aerospace companies for medium and heavy launch services, satellite manufacture, and orbit placement; shipbuilders; and the nation’s leading military truck manufacturer; 
• Handling (with appropriate security clearances, including TS/SCI) several protests involving classified projects; and 
• Employing special skills to successfully represent a number of companies competing for contracts and leases with the General Services Administration.

Several of our attorneys have each handled 200-plus bid protests before various forums, including the Government Accountability Office, the U.S. Court of Federal Claims, the U.S. Court of Appeals for the Federal Circuit, the General Services Board of Contract Appeals, and federal district courts.

Dispute resolution and litigation

If problems arise in the performance of your contract, our team will find a solution. We regularly represent clients in matters involving contract interpretation, cost and pricing issues, and claims for out-of-scope work.

Our team is among the most experienced in the United States at litigating government contracts disputes. We litigate matters with a deft hand, balancing aggressive strategy with the client’s need to maintain ongoing relationships with customers and other business partners. Our attorneys have successfully:

• Prepared and litigated several dozen claims on behalf of a major aerospace company and defended counterclaims, involving hundreds of millions of dollars, arising out of the company’s agreement to develop and produce one of the first air command and control systems; and
• Assisted clients in nearly all forms of alternate dispute resolution, including conceiving a strategy for guiding a client through a mediation with many millions of dollars at stake in which we suggested that the principals meet without attorneys present, given our sense that the opposing party’s attorney might be a primary obstacle to resolution.

Our attorneys litigate claims and disputes before the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims, and federal district courts, in domestic and international arbitration, and in state courts, dealing with a wide variety of issues, including defective specifications and faulty design, technical data rights, lease obligations, differing site conditions, terminations, delay and disruption, and disputes between prime contractors and subcontractors.

Compliance/enforcement

When the government’s lawyers come calling, Dickstein Shapiro can help. We regularly represent clients undergoing federal audits and investigations, and whether the matter has civil or criminal implications, our attorneys have the relevant experience to help your company get through it. Moreover, our attorneys are leaders in the ever-evolving field of self-compliance and disclosure and can help clients avoid and minimize the effect of suspensions and debarments. The firm:

• Has as much experience as perhaps any firm representing clients under the civil and criminal False Claims Act in actions brought by the U.S. government, as well as those initiated by qui tam relators; the firm has handled what has been recognized as the largest False Claims Act case ever brought;
• Draws upon the experience of more than 25 former federal and state prosecutors; 
• Includes attorneys who serve on the American Bar Association’s Mandatory Disclosure Task Force, which prepared a comprehensive best practices guide related to the tricky issues contractors face in this arena; and 
• Assists clients in conducting hundreds of internal investigations and fashioning appropriate responses, from disclosure to implementation of enhanced compliance training, employee discipline, and restitution where appropriate.

Government relations

Focused and cost-effective advocacy before federal and state governments can be invaluable for government contractors. Our attorneys and advisors provide effective Washington representation before Congress and the executive branch and serve as counsel in regulatory matters and administrative proceedings.

We draw upon the experience of several former members of Congress, a former Speaker of the House of Representatives, a former chairman and ranking member of the House Permanent Select Committee on Intelligence, and many former highly positioned administrative and congressional staff members employing equal experience from both sides of the political aisle.