Government Contracts & Disputes
John E. Jensen
Pillsbury's Government Contracts & Disputes team members and practice is nationally-ranked in their field by Chambers USA.
Pillsbury's Government Contracts & Disputes team provides local, national and international clients with advice and representation over a full spectrum of government contract matters at the federal and state levels. Our nationwide practice deploys highly experienced attorneys from DC and the West Coast to handle bid protests, litigate claims and conduct internal investigations. We also advise on matters ranging from data rights to security clearances, from mergers to ethics compliance and from small-business issues to international contracting.
Our Specific Experience
Our firm has extensive experience representing clients in bid protests at the U.S. Government Accountability Office and the U.S. Court of Federal Claims, seeking to overturn or defend agency procurement actions.
In recent years we have won a number of bid protests involving hundreds of millions of dollars in contract awards. These decisions have required agencies to correct their award decisions or helped clients retain contract awards under challenge.
Claims and Litigation
We handle contract disputes and claims before agencies and the U.S. Court of Federal Claims, including claims against the government for breach of contract.
Our team is currently litigating 6 breach of contract cases for utility companies based on the failure of the Department of Energy to provide its promised disposal of spent nuclear fuel. To date, judgments and settlements have led to the recovery of more than $450 million for our clients.
Mergers and Acquisitions
Pillsbury has extensive experience in mergers and acquisitions of government contractors, providing counsel and performing due diligence for clients. We assist with strategic assessments, analyze legal risks and provide guidance on novation issues.
In 2012, our firm handled more than twenty M&A transactions involving government contractors as buyers and sellers. Our M&A clients include public and private companies as well as a number of private equity groups.
Investigations and Audits
We conduct internal corporate investigations on a variety of government contracts matters, often in response to inquiries or audits by inspectors general, the Department of Defense, or Congressional committees. Our work covers suspected mischarging, employee misconduct, GSA schedule contract compliance, show cause notices, security clearance compliance and the Truth in Negotiations Act.
We use the findings to evaluate potential exposure, and develop and implement strategies for resolution of the issues. We represent clients facing government claims in areas such as procurement fraud, termination for default and false claims.
Pillsbury has successfully represented companies in suspension and debarment situations before the departments of the Navy, Army and Air Force, as well as civilian agencies. In each such instance, we helped our client establish its ongoing eligibility as a government contractor.
Clients look to Pillsbury for guidance regarding compliance with government contracting statutes and regulations, including issues of ethics and standards of conduct, cost allowability and allocability, security clearances and labor statutes. We review contractors' internal operations and controls to improve compliance with federal laws, based on our extensive knowledge.
We advise contractors on security clearance matters and related export control and international ownership and control issues. Several of our lawyers hold security clearances and have litigated classified contract cases.
Intellectual Property and Data Rights
Pillsbury guides companies through the labyrinth of government regulations and contract clauses regarding technical data, computer software and patents. We help contractors take the critical steps necessary to maximize protection of their intellectual property when working for the government.
Subcontracting and Teaming
Our lawyers advise clients in drafting, negotiating and administering teaming agreements, joint ventures and subcontracts. We counsel clients in all aspects of these agreements, and represent prime contractors and subcontractors in disputes
Schedules and Other Contracting Vehicles
We advise contractors regarding the unique features of General Services Administration and Department of Veterans Affairs multiple award schedules, as well as other government-wide acquisition contracts.
Our team represents companies that offer products and services to governments outside their own countries. Our work covers export controls, domestic preferences, issues of foreign ownership and control and unique issues related to war-zone contracting. We also counsel international corporations on sales to U.S. companies and the U.S. government.
State and Local Procurement
We have extensive experience in representation of leading information technology and professional service firms in state and local procurement matters. This includes regulatory counseling, negotiation of complex agreements, bid protest litigation and compliance and performance disputes.
Addressing the unique needs of small businesses is a particular focus for our team. Pillsbury's experience includes securing regulatory approval under the Small Business Administration's various programs, including mentor-protégé programs and defending or filing SBA protests and appeals.
We understand where our clients are now, as we have been there ourselves, serving as in-house general counsel at large and small companies. We understand how the government works because our team includes former government procurement lawyers, so we have been there too. In short, we understand your perspective and know how to help achieve your goals.