NATIONWIDE GOVERNMENT CONTRACTING ATTORNEYS

Government procurement, or government purchasing, refers to a government agency’s procurement of goods and services, typically from small- and medium-sized businesses contracts with a government agency. In order to hire a business to provide goods or services, a government agency must go through a formal process that involves:

• Issue bid proposals
• Seek responses from businesses up until the proposal’s closing date
• Award the government contract - often going to the lowest bidder

A bid protest is a challenge to the award of a government contract for goods or services. In other words, if you believe a government contract was not issued properly, you may be able to initiate a bid protest.
If you wish to protest a government procurement contract that you believe was erroneously awarded to a competitor or to defend yourself against a bid protest, the talented attorneys at Whitcomb Selinsky, PC can help. We will shepherd you through the process if you initiate a bid protest or need help defending the contract you won. We will handle your case as quickly and efficiently as possible so you can get back to running your company and competing for the next contract. In addition, the attorneys at Whitcomb Selinsky, PC will provide you with personalized service and regular updates about the progress of your bid protest or the defense of your bid.

If your business is considering a merger or acquisition, knowing how an existing government contract might affect your plans is essential. Our government procurement attorneys can speak with you about your questions or concerns.

There are specific supply chain requirements that must be met in government procurement. Some supply chain requirements apply only to federal government agencies, while others apply more generally. For example, Section 889 of the 2019 National Defense Authorization Act (NDAA) limits certain telecommunications products and services in federal government contracts. A government procurement attorney can review your contract to see how supply chain regulation and compliance could impact it.

The Contract Disputes Act (CDA) governs negotiations and litigation that arises from government contract disputes. Accordingly, if your business disputes a term or has an issue with a government contract, the CDA controls the process by which a dispute is heard and decided. The first step is having a Contracting Officer issue a Final Decision on the dispute. If one of the parties disagrees, then the Board of Contract Appeals or the United States Court of Federal Claims may hear the issue. If there is a need for a higher appeal, the U.S. Court of Appeals for the Federal Circuit is the next option, followed by the United States Supreme Court.

The Competition in Contracting Act (CICA), a foundational law for the FAR, is designed to increase competition and reduce costs. The CICA requires most government procurements to be “full and open” to allow any business to submit an offer. The CICA also requires procurements that have a value of more than $25,000 to remain advertised for at least 15 days before solicitation begins. The law also has a minimum response time for the receipt of business proposals. In addition, there are a variety of other requirements under the CICA designed to make government procurement a fair process.

The FAR (Federal Acquisition Regulation) is the authority on doing business with federal agencies. According to FAR, it is the “codification and publication of uniform policies and procedures for acquisition by all executive agencies.” Failure to comply with the regulations set out in the FAR can result in civil and criminal penalties. Therefore, having an attorney with experience handling government procurement law issues can help business owners and prospective contractors avoid costly and potentially criminal violations.

False Claims Act (FCA) and procurement fraud issues are other areas of the law that can come up in government procurement and government contracts. Therefore, a clear benefit of having Whitcomb Selinsky, PC attorneys assist you in your government procurement efforts is to avoid misrepresentations that could lead to FCA violations.

The False Claims Act assesses penalties for an individual knowingly submitting a false claim to the government. The penalties for such actions are steep, and having a knowledgeable attorney on your team can help you avoid these missteps. 

The Freedom of Information Act (FOIA) allows individuals and entities to obtain certain records from federal agencies. FOIA can apply to government procurement issues when there are questions about the prices a government agency is paying (or has paid previously) for goods and services from a business under a government contract. According to the U.S. Department of Justice (DOJ), “[t]he prices in government contracts should not be secret. Government contracts are ‘public contracts,’ and the taxpayers have a right to know--with very few exceptions--what the government has agreed to buy and at what prices. ”

Accordingly, the prices contained in government contracts generally cannot be kept secret and can be obtained through a FOIA request. However, occasionally there are reasons to keep prices secret, but these are rare. If you have concerns or questions about FOIA and its relation to your government contract, one of our attorneys can help.