Government Contracts

Hunton Andrews Kurth LLP has substantial experience in the law applicable to government contracts. We represent both governmental entities and companies that do business with governments. More particularly, our firm provides advice and service in the following areas of the government contracts arena.

Government Contracts Litigation and Claims

Sometimes disputes cannot be avoided. In such cases, we have extensive experience in preparing, analyzing, prosecuting and defending all manner of government contract litigation.

We have handled numerous cases in federal and state courts across the country, including the United States Court of Federal Claims and the Federal Circuit Court of Appeals. Our experience involves:

  • Prosecuting, defending and intervening in bid protests. We have handled protests involving defective bid specifications, small and/or disadvantaged business determinations, “best value” determinations and numerous other types of protests. A representative cross section of our bid protest work is at the end of this document.
  • Representing our clients when they are the focus of suspension or debarment proceedings.
  • Protecting our clients when the government seeks to terminate a contract, whether for alleged default or for the government's convenience.
  • Defending against False Claims Act (FCA) allegations and other claims of contractor fraud brought by the government.
  • Pursuing certified claims and subsequent appeals for differing site conditions, schedule disputes, changes in the scope of work and related matters.

Government Contracts Counseling

Our primary goal is to keep our clients out of trouble. With this in mind, we advise our government contracting clients on various matters, including:

  • Conducting internal investigations in response to possible or threated government actions.
  • Evaluating specific workforce issues that arise in government contracts, working closely with our labor and employment lawyers to ensure that all applicable rules are followed.
  • Advising our clients about government-required standards of conduct and internal control programs, including reporting requirements for violations.
  • Negotiating special provisions in agency contracts and license agreements, including license agreements for computer software and other intellectual property.
  • Advising our clients about the various restrictions on hiring former government employees.
  • Avoiding and disclosing conflicts of interest, both personal and organizational.
  • Protecting government property from disclosure or misuse.
  • Advising on flowdown clauses and other aspects of subcontracts.
  • Advising financiers on the risks of lending and taking an assignment of payments from government contracts.
  • Performing due diligence regarding the status of active government contracts and related claims, particularly in the context of buying and selling businesses.
  • Assignments or novations of contracts when the business holding the government contract is bought or sold.

Bid Protest Experience

  • Currently representing Horizon Group in a bid protest filed by a disgruntled offeror to develop and market toys on behalf of the Smithsonian Institution.
  • Represent Aetna Life Insurance Company in a bid protest regarding their unsuccessful bid for medicaid services for the NC Department of Health and Human Services.
  • Represent Copenhagen Arctic over the improper award of a contract by the United States Air Force, worth at least $360,000,000, to operate, maintain and support Thule Air Base.
  • Advised Aetna affiliate, Coventry Health Care Workers Compensation, Inc., in connection with a bid protest and Stop-Work Order issued by US Department of Labor (DOL), Office of the Assistant Secretary for Administration and Management (OASAM), and Office of Procurement Services (OPS), due to the receipt of a timely US Government Accountability Office (GAO) Post Award Protest of Solicitation Number 1605DC-18-R-00020 submitted on January 7, 2019 by PMSI, LLC, doing business as (DBA) Optum Workers’ Compensation Services of Florida (Optum).
  • Represented University of Massachusetts Medical School with federal bid protests with the Federal Bureau of Prisons (FBP) regarding contracts to provide medical care at various federal facilities.
  • Represent Beckman Coulter, Inc. in connection with size bid protest filed by Siemens Healthcare Diagnostics Inc. against award of Veterans Administration contract to Beckman Coulter.
  • Represented Strategic Operational Solutions, Inc. (STOPSO) in a bid protest regarding bid awarded by ByteCubed LLC by the US Department of Defense (DOD) Office of Small Business.
  • Provided Strategic Operational Solutions, Inc. (STOPSO) with an evaluation of a bid protest against a contract award given to Falconwood, Inc.
  • Advised Fairfax County Water Authority with respect to Hess Construction’s protest of Fairfax Water’s award of a contract for construction of its Central Maintenance Facility to JA Scheibel, Inc. Drafted determination letter responding to Hess’s assertion that Scheibel's bid was untimely and that, as such, Fairfax Water’s contract award was arbitrary and capricious.
  • Represented Auxiliary Systems Inc. with advice regarding a possible bid protest.
  • Advised Fairfax County Water Authority in connection with a bid omission and possible bid protest.
  • Advised Information Services Group, Inc. on filing a bid protest at the State of Indiana for a public sector procurement contract award to Public Consulting Group.
  • Represented Fomento DE Construcciones Y Contratas, S.A. (FCC) in defense of possible bid protest by Waste Management Inc. regarding successful bid by FCC.
  • Represented Kreative Technologies, LLC in a bid protest for federal procurement work awarded to a competitor.
  • Represented Davis Boat Works in a potential bid protest of a US Navy contract awarded to Colonna’s Steel America.

We also have extensive experience representing the financing party in connection with financing contracts between various US government agencies and private contractors, entered into to provide for the installation of many different types of energy-savings equipment at US government facilities. In these transactions, the contractor sells to the financing party its right to receive payments to be made by the government under the contract. In return, the financing party makes periodic progress payments to fund the contractor’s installation of energy-savings equipment at the facility. Upon the government’s acceptance of the completed work, the government commences making its payments under the contract, which are made directly to the financing party and are scheduled to be sufficient to repay the advanced amounts. More specifically:

  • The US government agencies include the Department of Energy, the Department of Justice, the Army, the Navy, the US Capitol and the General Services Agency.
  • The contractors include Honeywell, Ameresco, Schneider Electric and Johnson Controls.
  • The financed projects include the Department of Energy’s Savannah River site, the US Capitol building, the Senate Office Building complex, federal prison complexes, the Lawrence Livermore National Laboratory, the Portsmouth and Norfolk naval shipyards, and numerous US border-crossing stations.

Experience

    • Advised shipowner with regard to breach of charter party claims against the Department of the Navy arising out of government contract for military pre-positioned ships.  (2008–2009)
    • Advised dredging contractor concerning forming a joint venture to bid on solicitation issued by the US Army Corps of Engineers.  Prepared joint venture agreement.  (2008)
    • Successfully represented large ocean carrier in breach of contract claim against the Department of the Army before the Armed Services Board of Contract Appeals.  The case arose out of contracts to ship containers to war zones in Afghanistan and Iraq.  Appeal of Maersk Line, Ltd., No. 55391 (ASBCA 2008)
    • Advised government contractor with regard to claims against the US Army Corps of Engineers related to cost overruns on contract to construct an airfield in Iraq.  Prepared and submitted request for equitable adjustment and claim to agency, which prompted the agency to settle.  (2007–2008)
    • Advised dredging company concerning US Small Business Administration regulations for small business set-aside contracts.  Filed and won agency protest challenging the award of a dredging contract to a competing dredging company that should not have qualified for a small business set-aside contract.  (2007)
    • Filed and won bid protest before the Government Accountability Office on behalf of a shipyard competing for a $60 million multi-year, multi-ship contract to repair a class of Navy ships in Jacksonville, Florida.  Also received an award of costs and attorneys’ fees.  Earl Industries, LLC, B-309996, B-309996.4, Nov. 5, 2007, 2007 CPD ¶ 203
    • Intervened on behalf of a contract awardee in a bid protest action before the Government Accountability Office related to the award of a $70 million multi-year, multi-ship contract to repair a class of Navy ships in Norfolk, Virginia.  Metro Machine Corp., B-297879.2, May 3, 2006, 2006 CPD P 80
    • Defended award on behalf of an awardee in a bid protest action before the Government Accountability Office related to the award of a $70 million multi-year, multi-ship contract to repair a class of Navy ships in Norfolk, Virginia.  BAE Systems Norfolk Ship Repair Inc., B-297879, Mar. 29, 2006, 2006 CPD ¶ 75

    We also have extensive experience representing the financing party in connection with financing contracts between various U.S. government agencies and private contractors, entered into to provide for the installation of many different types of energy-savings equipment at US government facilities.  In these transactions, the contractor sells to the financing party its right to receive payments to be made by the government under the contract.  In return, the financing party makes periodic progress payments to fund the contractor’s installation of energy-savings equipment at the facility.  Upon the government’s acceptance of the completed work, the government commences making its payments under the contract, which are made directly to the financing party and are scheduled to be sufficient to repay the advanced amounts.  More specifically:

    • The US government agencies include the Department of Energy, the Department of Justice, the Army, the Navy, the US Capitol and the General Services Agency
    • The contractors include Honeywell, Ameresco, Schneider Electric and Johnson Controls
    • The financed projects include the Department of Energy’s Savannah River site, the US Capitol building, the Senate Office Building complex, federal prison complexes, the Lawrence Livermore National Laboratory, the Portsmouth and Norfolk naval shipyards, and numerous US border-crossing stations

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