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Saul Ewing attorneys provide a variety of legal services to clients that do business with federal and state government customers. We represent clients of all sizes, from Fortune 500 companies with established government contracting business to small businesses seeking to secure their first contracts in the government market. Our clients are prime contractors, subcontractors, and grant recipients, including:

• defense contractors
• aerospace companies
• technology R&D companies
• service companies
• airport managers
• manufacturers
• construction companies
• software and hardware providers
• higher education institutions and professionals

We also represent state and local governmental units, and the U.S. government in a variety of public contract matters.

Our Attorneys

Since the early 1980s, Saul Ewing attorneys have undertaken a number of substantial representations of large defense contractors, as well as other contractors, that needed assistance to conduct internal investigations, develop compliance programs, pursue claims against federal and state government entities, defend civil and criminal proceedings and deal with related issues unique to federal and state government contractors. Members of our Government Contracts team include former Assistant United States Attorneys, a former Chief of Litigation for the Pennsylvania General Services Administration, and a former Claims Court trial and appellate counsel for the U.S. Department of Justice. One of our attorneys has performed lengthy in-house assignments supporting major defense programs for two of the largest aerospace companies in the nation.

Client Services

Government contractors are subject to complex regulations and business risks that simply do not exist in the commercial marketplace. Saul Ewing helps its clients to understand the ever-evolving government contracting environment, become eligible to secure government contracts, participate in and receive fair treatment in the source selection process, manage risks in contract performance and administration, negotiate equitable adjustments and termination settlements, manage employment issues unique to government contractors, resolve disputes and compliance issues before they reach the critical stage and, where necessary, assist in litigation.

Eligibility and Proposal Process

We assist our clients in becoming eligible to pursue government contracts opportunities through inclusion of the GSA Schedule and in other respects. We provide advice and assistance in responding to government procurement opportunities as well as in entering into teaming agreements and other business relationships with companies also pursuing such opportunities.

Dispute Resolution and Litigation

We provide a full array of dispute resolution services to our government contractor clients, including litigation in the specialized courts and administrative tribunals that deal exclusively with government contract matters. We counsel clients on litigation avoidance, and work with clients to explore settlement opportunities before resorting to litigation. When litigation does become necessary, we draw on our experience, including numerous representations of contractors in False Claims Act cases, GAO, state and local bid protests, prime-sub disputes, actions before the Court of Federal Claims, Federal Circuit Court of Appeals, and boards of contracts appeals, and arbitration proceedings.

Compliance and Investigations

We counsel clients in complying with a vast and complex regulatory framework. We have advised clients in the areas of procurement integrity, Truth in Negotiations Act, organizational conflicts of interest, Buy American Act and Berry Amendment compliance, ITAR compliance, allowable costs, and numerous other issues unique to contractors. Our attorneys have conducted major internal investigations for Fortune 500 companies. We have also assisted foreign-owned companies in lawfully establishing U.S. operations.

Personnel and Employment

We understand that government contractors can face unique personnel issues, ranging from Service Contract Act compliance and Affirmative Action Plans to controversies arising from employee defection and recruitment. Otherwise ordinary personnel issues take on heightened complexity when the customer is the U.S. Government, the work is classified, or the work site is overseas.

Recent Representative Engagements

• Successfully prosecuted a series of GAO bid protests alleging Navy’s non-compliance with Buy American Act requirements
• Negotiated successful resolution of qui tam claims against client arising from defective pricing allegations relating to major USAF aircraft
• Stepped in at client’s request and provided day-to-day in-house counsel on various contract aspects of on-going multi-billion dollar defense program
• Negotiated favorable settlement of $1 million DCAA-recommended downward price adjustment for alleged unauthorized cost accounting change
• Advised and assisted large manufacturer on various issues impacting eligibility to secure government contracts
• Advised parts subcontractor to major avionics contractor regarding compliance with Berry Amendment specialty metals requirements
• Assisted foreign financial services companies in pursuing contract claims in the Claims Court against the U.S. Postal Service
• Assisted major defense contractors in response to federal subpoenas requiring production of millions of pages of documents
• Negotiated advance agreements covering allowability of idle capacity/idle facilities costs with DCMA
• Advised prime contractor in connection with various DCIS and Customs Service investigations
• Represented recycling contractor in bid protests and related civil rights action alleging reverse discrimination in contracting, resulting in favorable settlement of more than $1 million
• Defended contractor in action by the National Labor Relations Board to apply U.S. law to services provided on a U.S. military base in the Bahamas
• Longstanding contract with federal agency to advise regarding the labor aspects of its relationships with its contractors, including plant closings and relocations