Government Contracts
Areas of Practice

Attorney's at Lindsay Boyd & Associates have experience representing the government in contracting and can guide contractors, subcontractors and suppliers through the government procurement process. Lindsay Boyd & Associates can assist you in locating certified minority and women busines enterprises or obtaining certification for your enterprise. Our professionals assist clients with government contracts counseling and litigation.

Our Approach
We understand that government contracts matters require specialized expertise, but we take the next step. When feasible, we identify alternative business and legal approaches that will lessen regulatory and other compliance burdens. We provide real-time counseling, because that's when you often need it. That's our approach to client service.

We don't provide our clients with government contracts "generalists." Instead, we provide highly-seasoned practitioners with pertinent, specific experience concerning who can effectively team with clients in maximizing their public sector market penetration goals. Our government contracts practice encompasses, but is not limited to: proposal and contract counseling; CRADAs and OTs; protests; contract and subcontract claims; termination claims; contract and subcontractor litigation; audits; investigations; fraud litigation and voluntary disclosures; debarment and suspension; compliance and education; and international procurement issues.

What We Do
Lindsay Boyd & associates and its partners provide expertise on virtually every aspect of government contracts. For example, we can serve clients in each of the following areas:

Proposal and Contract Counseling
CRADAs and OTs
Protests
Contract and Subcontract Claims
Termination Claims
Intellectual Property
Audits, Investigations, Fraud Litigation and Voluntary Disclosures
Debarment and Suspension
Compliance and Education
International Procurement Issues

Areas of Practice

Proposal and Contract Counseling
Successful government contract performance begins prior to government contract award. The proposal phase of a procurement is critical not only for competitive reasons, but also for establishing the scope of future government contract obligations. Recieving the final contract award without definitive evaluation of the duties and risks involved in the process has led to the bankruptcy or disbarment of government contractors. We can help you analyze solicitations and assist in related matters. Lindsay Boyd & Associates early-phase involvement can minimize the risks that can come with contract award and help reduce the risks associated with contract performance.

When there is trouble during contract administration and performance, we can be of service too. We pride ourselves on practical advice that facilitates resolution of performance issues, whenever possible, at an early stage - before they ripen into claims or disputes.

In short, Lindsay Boyd & Associates assist contractors and subcontractors with a myriad of proposal and contract issues. These can include, among many others, the following: questions concerning solicitation and contract interpretation; the propriety of imposing or accepting the "flowdown" of prime contract provisions; proper interpretation of solicitation evaluation criteria and prime contract and subcontract clauses; cost allowability and cost accounting issues; novation, name change and alternative guaranty arrangements; bonding; assignment of contracts; proposal and contract pricing concerns, and the creation, interpretation and operation of joint ventures and other business organization agreements.

CRADAs and OTs
In recent years, the federal government increasingly has implemented innovative procurement arrangements. In many instances, federal agencies now are receptive to the use of alternative agreements that reduce socioeconomic compliance burdens, permit flexibility in the treatment of intellectual property rights and funding, and generally eliminate the need to comply with complex government regulations concerning cost accounting and allowability.

These approaches include cooperative research and development agreements, or "CRADAs," and "other transactions," or "OTs." These vehicles frequently are becoming the agreements of choice for companies that do not want to install complex government compliance systems or processes, but nonetheless want to work with the government in research and development settings. These sorts of agreements can promote commercial and governmental technology applications and developments. We work with our partners to assure you have the proper counseling and negotiation assistance on a variety of these types of agreements.

Protests
The general principle of full, fair and open competition is one of the hallmarks of the American procurement system. But when potential offerors are concerned about the fairness of the solicitation, or whether a contract award was in accordance with law, regulations, and governing solicitation evaluation criteria, protests of solicitation defects or contract award decisions sometimes become necessary.

Lindsay Boyd & Associates lawyers have handled protests involving state and local governments and agencies. It is important to understand that each agency or government entity may have different procedures which need to be followed with specificity. We will help you in the process.

Contract and Subcontract Claims
In some cases, disputes concerning contract and subcontract performance are unavoidable. When situations like this occur, we can facilitate monetary recoveries. We can prepare and negotiate requests for equitable adjustments ("RFEAs") and file claims protecting your rights under government contracts and subcontracts. Most claims arise from numerous factual occurences and can be supported by a variety of contract clauses. Recognizing that a well-drafted and supportive RFEA minimizes the prospects of litigation with your present, and perhaps, future customers, when appropriate, we secure the services of seasoned industry experts with years of experience in the analysis and preparation of RFEAs and claims. We always handle all your problems with the following goals in mind: prompt resolution, maximum recovery, minimum expense.

Termination Claims
Virtually all federal, state and local government contracts permit the customer to terminate them for convenience, but this does not necessarily end the contract relationship. Frequently, contractors are entitled to submit termination settlement proposals that permit them to recover incurred performance costs, reasonable profits on the work performed, plus legal, consulting and other expert fees incurred in preparing the termination proposal. As in situations involving RFEAs and claims, we are pleased to help, and we share the same common objectives.

Contract and Subcontractor Litigation
Not every RFEA or claim produces a satisfactory resolution short of litigation. Contract and subcontract disputes - particularly those between prime contractors and subcontractors - may not be capable of resolution through this sort of process.

Consequently, Lindsay Boyd & Associates lawyers are experienced government contracts litigators. When appropriate, we utilize alternative dispute resolution techniques. In litigation your claims may encompasses a diverse range of issues, including change orders, cost allowability matters, cost accounting standards compliance, defective pricing, defaults, defective specifications, interpretations of contract language, interference by government officials with the work, and waivers, not to mention many others. We are prepared to fully evaluate your claims and take the appropriate action.

Intellectual Property
A fundamental issue that can arise in many government contracts (as well as in indirect government arrangements such as government reseller agreements) is the proper treatment and allocation of patent rights, rights in technical data, and rights in software. The urgency of this issue has been heightened by recent statutory and regulatory developments such as the Federal Acquisition Streamlining Act, the Clinger-Cohen Act, other statutes implicating intellectual property interests, and regulatory provisions implementing all of these laws. In these cases we will engage the appropriate experts to assist us in the filing and prosecution of the claims.

Audits, Investigations, Fraud Litigation and Voluntary Disclosures
The audit and investigatory powers of the federal government are substantial and pose great dangers for the unwary contractor. In such matters, we believe it is imperative to implement an audit cooperation and management plan. These plans include full cooperation and careful management of audit interface and response activities, which in turn creates a greater likelihood that audit concerns will be resolved in a prompt and effective fashion.

Debarment and Suspension
Debarment and suspension can amount to a "death knell" for companies that do business directly or indirectly with government agencies. A company or individual that is debarred or suspended, or otherwise rendered ineligible for government business, generally cannot submit bids or proposals for new government contracts or be awarded such contracts. What's more, a debarment or suspension action taken by one state or federal agency usually is effective throughout the entire state and/or the federal government.

Two principles guide our approach to these matters. First, whenever possible, we take prompt action to negotiate a resolution of so-called "present responsibility" issues before debarment or suspension proceedings begin. Second, whenever feasible, we work promptly to minimize the impact of any debarment or suspension on other corporate divisions, operations, and affiliates.

Compliance and Education
Lindsay Boyd & Associates understands that prevention is the best medicine. Therefore, we will design, implement and conduct compliance reviews for our client organizations. These programs are tailored to each client's particular needs. They assess corporate compliance with the laws, regulations, policies and procedures applicable to government contracting. We formulate recommendations for new procedures, policies and programs to promote compliance, and assist our clients in implementing those measures.

We can offer ethics and compliance education and training. Working with your own ethics organization or with expert consultants in the field, we can prepare and deliver training in a variety of media. This training can be designed to reinforce corporate ethical principles or provide education and guidance concerning substantive legal topics. Our objective, like yours, is to maximize the prospects for corporate and individual ethical behavior, as well as compliance with business and legal norms.

International Procurement Issues
In today's world, procurement matters know no borders. Your company confronts a whole host of international procurement issues relating to matters such as sourcing and manufacturing; import and export regulations; the propriety of certain payments; and similar topics.

We can help. Lindsay Boyd & Associates, through its alliances, will provide professionals that are quite familiar with pertinent laws, such as the Buy American and Trade Agreements Acts, the Foreign Corrupt Practices Act, as well as the laws and regulations governing imports, exports and foreign military sales. We also can provide counseling on audits and management systems designed to prevent problems from occurring in the future. Let us provide you with the guidance you need as you tackle national and international markets.