Government Contracts
Eckland & Blando LLP's lawyers have expertise in all areas of government contract law including public contracts, federal contracts, military contracts, defense contracts, DOD contracts and more. Click the titles below to learn more about some of the specific ways in which Eckland & Blando LLP can help your business.
Teaming Arrangements and Subcontracting More than ever, government agencies are writing contract requirements in ways that call for expertise in many different disciplines. In response, many businesses have sought to leverage the knowledge and experience of other companies in combined efforts to secure opportunities with state and federal agencies. Subcontracting is another way of leveraging the abilities of other firms. The use of mandatory "flow down" contract clauses from the FAR is often complex, and always changing. A clear early understanding of the basic requirements is essential for successful subcontract relationships. The government contract lawyers at Eckland & Blando LLP can help you to understand legal issues involved with forming teams of contractors, including the meaning and effect of letters of intent, protection of proprietary data and intellectual property, and the anti-competitive implications of particular teaming arrangements.
Bid Protests When you respond to a request for bids or create a business proposal at the request of a government agency, you are entitled to fair and reasonable consideration as a potential supplier of goods or services. "Bid protest litigation" is a highly specialized area of the law with demanding timelines and exacting rules of decision. Eckland & Blando LLP has the experience necessary to ensure that the right person makes the right decision at the right time for your business in awarding government contracts.
Claims and Disputes When government agencies do business in the commercial marketplace, they often have disagreements over contract requirements just like private entities have disagreements. Congress and every state legislature have established procedures to resolve disputes about the meaning of contract terms and the obligations of contracting parties. We advise government contractors on the available remedies and forums where relief can be obtained.
Federal Appropriations Law and Ethics Compliance The United States Constitution requires that "No money shall be drawn from the treasury, but in consequence of appropriations made by law." This simple phrase gives rise to a complex set of statutes and regulations that directly and indirectly impact how the government spends money, with obvious implications for many government contractors. In addition, government contractors must be aware of the complex and dynamic set of laws, regulations and rules that regulate the fairness and integrity of how government contracts are awarded and administered. Our government contract attorneys have extensive experience in these areas and are ready to assist with your compliance efforts or to help you establish a compliance program.
Human Resources Policy Compliance Many government contracts require implementation of specific workplace policies, including Drug-Free Workplace, prohibitions on trafficking in persons, and various compensation and non-discrimination requirements. The attorneys at Eckland & Blando LLP can advise you on compliance with these programs and represent you in proceedings related to compliance and enforcement of workplace laws, rules and regulations.
Development and Protection of Intellectual Property Rights Contractors often develop new inventions, technical data and noncommercial software during the performance of government contracts. Such intellectual property developed under a federal contract and charged directly to a contract typically result in a royalty-free license for use by or on behalf of the government - not only on the subject contract, but in subsequent contracts as well. Development of the same intellectual property without the direct use of government funding can limit the government's use of the intellectual property to a single contract. The critical question is often whether an item was conceived or "reduced to practice" under a government contract. Eckland & Blando LLP can work with you to develop a strategy to inventory and protect your intellectual property while performing government contracts.
Social and Economic Programs Federal and state agencies generally do business with the lowest bidder, or the business that offers the "best value." In addition, government agencies are often required to award contracts in a way designed to promote social and economic policies. We can assist small businesses, women-owned businesses and veteran-owned businesses to understand the full range of opportunities available in the federal marketplace. We can also assist businesses of all sizes to understand and comply with the requirements of economic policies like the Buy America Act and the Berry Amendment.
Arms Export Control Act The AECA is implemented through the International Traffic in Arms Regulations (ITARs), which prohibit the transfer of defense articles without a license. Every defense contractor should be familiar with the United States Munitions List and the key definitions of the ITARs. "Transfer" of any technical data or defense services - which may include simply showing drawings and plans for items on the Munitions List or providing training in how to manufacture or use an item on the munitions list - to non-United States persons, is a violation of the Arms Export Control Act. Eckland & Blando LLP can provide you with the information necessary to ensure compliance with these, and other important laws and rules regulating the use and transfer of United States technology.
