The Sherman & Howard Difference

Our Government Contracts group created one of the first full-service government contract practices in Colorado. Our team is experienced in every facet of government procurement, and bid protests, managing government contracts over their lifecycles, and efficiently and effectively resolving disputes when they arise. We represent companies of all sizes including nonprofits. Our clients include leaders in the defense, construction, aerospace, aviation, environmental, manufacturing, telecommunications, cybersecurity, healthcare, and energy industries. Our lawyers have represented clients who provide cutting-edge technology such as night vision, electro-optical tactical equipment, space operations, security and surveillance systems, military infrastructure, major weapons systems, and remediation of nuclear waste. The team possesses a unique skill set that combines industry knowledge and government insight with regulatory acumen and legal experience so that we can advise clients regarding the complex issues arising at the convergence of government, business, and the law.

Our team includes lawyers who have served in the armed services and former senior civilian and military government attorneys, including a former deputy general counsel of the U.S. Air Force and former director of space law at Space Command. We know firsthand how the government thinks and works, and our varied experience ensures a wide-ranging perspective and depth of experience regarding the legal, business, operational, transactional, and regulatory matters that arise when contracting with the government.

Our Approach

Our Government Contracts group meets our clients’ needs with practical advice and cost-effective, creative solutions. Our lawyers are able to provide such advice and solutions because they get to know their clients and businesses. Armed with this knowledge, we guide our clients through every stage of the procurement process, from the time solicitations are issued through the resolution of disputes.

We head off issues for our clients by keeping them regularly informed of the ever-changing regulatory requirements through presentations, client advisories, and our annual seminar. We also work closely with our clients to mindfully draft teaming, joint venture, and subcontract agreements so as to minimize potential disputes. Finally, our lawyers regularly advise our clients as to risk-avoidance strategies, regulatory compliance, internal training, corporate compliance, and internal investigations.

Services

Sherman & Howard’s Government Contracts group advises and represents clients regarding:

 

CONTRACT AWARD

  • Solicitation advice and guidance
  • Requirements for and drafting of teaming and joint venture agreements
  • Negotiation and drafting of subcontract agreements
  • Bid, size, and eligibility protests and appeals to agencies, GAO, and Court of Federal Claims

 

SMALL BUSINESS

  • Qualification and eligibility for 8(a), VOSB, SDVOSB, WOSB, EDWOSB and HUBZone small businesses
  • Qualification and eligibility for mentor-protégé programs
  • Negotiation and drafting of mentor-protégé agreements and mentor-protégé joint venture agreements
  • Advise on the ability to subcontract with large businesses as well as small-business subcontract plans for large businesses
  • Compliance with mandatory FAR flow-down requirements

 

REGULATORY COMPLIANCE & INTERNAL/GOVERNMENT INVESTIGATIONS

  • Novel employment and labor issues under the Davis-Bacon Act, Service Contract Act, nondiscrimination requirements imposed by the OFCCP, and other employment and labor statutes and regulations
  • Compliance with the Buy American Act
  • Establishing, implementing, and enforcing codes of conduct and corporate compliance programs
  • Conducting employee compliance and ethics training
  • Ensuring compliance with U.S. export laws, including the Arms Export Control Act and ITAR regulations
  • Handling ITAR registration process
  • Assisting in obtaining export licenses and providing guidance on export requirements and FCPA requirements
  • Audits by DCAA and other federal government agencies
  • Assisting with and conducting internal investigations
  • Advising on mandatory and voluntary disclosures
  • Representing clients before the criminal and civil divisions of the Department of Justice

 

CONTRACT ADMINISTRATION

  • Investigating and negotiating changes, suspensions of work, and differing site conditions
  • Advising on the FAR Cost Principles and Cost Accounting Standards
  • Protecting contractors’ technical data rights
  • Drafting Requests for Equitable Adjustment
  • Preparing and negotiating Certified Claims

 

LITIGATION & APPEALS

  • Litigating complex claims against the federal government in the COFC, federal district courts, ASBCA, and CBCA
  • Litigating claims against state and local government entities in numerous state courts
  • Drafting and resolving pass-through agreement disputes
  • Prosecuting claims between prime contractors and subcontractors in federal and state courts and arbitrations
  • Defending against allegations of criminal conduct
  • Defending criminal and civil False Claims Act lawsuits
  • Prosecuting and defending qui tam lawsuits
  • Negotiating plea agreements and civil settlements with the Department of Justice and U.S. attorneys
  • Representing clients when federal search warrants are executed and advising on document retention requirements and compliance requirements during ongoing criminal investigations
  • Defending contractors and individuals in suspension and debarment proceedings
  • Negotiating administrative agreements in lieu of suspensions or debarments
  • Security clearance disputes

 

TRANSACTIONAL

  • Mergers and acquisitions
  • Asset purchases and sales involving government contractors
  • Advising on and representing clients in business transactions resulting in foreign ownership and control of U.S. defense contractors