Overview

Mayer Brown’s Government Contracts practice has more than 40 years of broad experience in the sector representing companies involved as prime contractors, subcontractors, or suppliers from virtually every industry across various types of contracts and agreements with federal agencies, as well as agreements with other parties involved in transactions with federal, state, and local agencies. Our practice encompasses legislative analysis, regulatory advice, litigation, compliance, and investigations – frequently we assist clients in regard to all four aspects of their government business relationship.

Experience

Legislative and "Front-End" Solutions

We identify legislative issues and help clients develop strategies to address authorization and funding concerns. We also help target key prospects within the government to approach about potential government business.

Our extensive experience includes:

  • Developed legislative strategy for major contractor interested in selling innovative products to government agencies and private sector for use in combating terrorism.
  • Represented major IT company with regard to programmatic funding issues.
  • Represented industry coalition regarding liability issues associated with bioterrorism defense.

Contract Negotiations

We (i) assess contract vehicles, such as schedule contracts and indefinite delivery contracts and (ii) consult regarding strategies to pursue such contracts. We also advise contractors regarding the special risks of government contracts, including the risks posed by clauses pertaining to intellectual property, cost accounting, organizational conflicts of interest, and affirmative action. We assist contractors in contract formation, including advice regarding ambiguous or restrictive solicitations and the degree to which competition may be required. We also draft and negotiate subcontracts.

Examples of our work include:

  • Advise major information technology and management consulting firms regarding subcontract negotiations.
  • Consulted with engineering services firm regarding potential conflicts of interest in major environmental engineering efforts.
  • Advised and negotiated multi-year lease agreement, including the waiver of regulatory clauses to permit the securitization of lease proceeds to finance construction.
  • Advised and negotiated $1 billion multi-year IT contract, with provisions to protect the contractor's interest in a special purpose financing vehicle.
  • Advised and negotiated "commercial" contracts involving disclosure requirements and "best price" targets.
  • Advised and negotiated numerous subcontract agreements for Department of Energy weapons complex sites.

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