Government Contracts & Procurement
Jackson Walker attorneys in the Government Contracts and Procurement group have successfully represented clients in a wide range of government contracting and procurement matters at every level – federal, state, and local. Governmental agencies are typically required to issue public solicitations for a variety of contracts. Knowledge of applicable laws, including often-complicated regulations, is critical to a client’s success in securing, maintaining, and performing government contracts.
At the federal level, Jackson Walker has assisted clients in navigating the Federal Acquisition Regulations (FARs), Defense Federal Acquisition Regulation Supplement (DFARS), and a wide range of federal statutes and regulations that impact government contracting and procurement (such as the Truthful Cost or Pricing Data Act, False Claims Act, and others). Additionally, Jackson Walker has assisted clients with bid protests at the federal level and with Small Business Administration (SBA) size classification matters. Jackson Walker has also advised contractors on equal employment opportunity and recordkeeping requirements and defended employers in compliance matters brought by the Office of Federal Contract Compliance Programs. Examples of federal agencies for whom Jackson Walker attorneys have assisted clients in connection with government contracting and procurement matters include the Department of Defense–Defense Logistics Agency, the General Services Administration (GSA), the Department of Health and Human Services, the Department of Veterans Affairs, the Department of State, the Centers for Medicare & Medicaid Services, SBA, the Department of the Interior–Bureau of Land Management, and the Department of Labor–Office of Federal Contract Compliance Programs. Jackson Walker has represented clients with federal government contracting and procurement matters stemming from a wide range of industries, including energy, manufacturing, and construction.
At the state and local government level, Jackson Walker has assisted clients in navigating government contracting and procurement matters across the country. Indeed, Jackson Walker has assisted clients with state and local procurement issues in at least 17 states. Post-award, Jackson Walker has extensive experience in administrative and litigation actions both defending awarded state and local contracts and, on behalf of losing bidders, challenging contract awards through a bid protest. For example, in Texas, Jackson Walker has filed or defended bid protests with the Texas Department of Transportation, Texas Parks & Wildlife Department, Texas Department of Information Resources, the Texas Secretary of State, and the Dallas Area Rapid Transit Authority. For nearly 15 years, Jackson Walker has acted as national counsel for a Fortune 10 company in procurements and related bid protest actions across the country. Jackson Walker has also advised on contract performance issues relating to state and local government contracts.
Jackson Walker also helps clients develop procurement compliance checklists. These checklists are used primarily to help clients capture all bid proposal requirements, particularly tracking compliance with mandatory requirements to avoid disqualification for a non-responsive submission. Additionally, Jackson Walker attorneys have far-reaching experience with statutes providing for open government, including (among others) the federal Freedom of Information Act and numerous state analogues. They have fought on both sides of the open records issue – seeking to acquire information under open records laws, and seeking to keep sensitive client information from being acquired, most often by competitors.
June 28, 2022
U.S. Supreme Court to Decide Standard for DOJ Dismissal of Qui Tam Cases
By Laura M. Kidd Cordova & Jennifer S. Freel
Does the federal government have the authority to dismiss a False Claims Act (FCA) suit after initially declining to intervene? And what standard should courts apply to a government motion to dismiss a whistleblower suit? On June 21, 2022, the Supreme Court granted certiorari in United States, ex rel. Polansky v. Executive Health Resources, Inc., a case examining whether the U.S. Department of Justice – after declining to prosecute a qui tam action – has the authority to dismiss the action, and if so, what standard applies to the motion to dismiss.
March 14, 2022
Laura Cordova to Moderate Panel on “Litigation Challenges in Procurement Fraud Matters”
The 10th Annual False Claims and Qui Tam Trial Institute will feature a panel moderated by Laura Cordova addressing qui tam cases involving procurement fraud.
October 16, 2020
Common Issues in Government Procurement and Contracting
When it comes to government contracts and procurement issues, even the savviest of businesses can need help navigating the applicable laws and the often-complicated regulations. John Edwards and William Stowe discuss the common issues they see when businesses seek to procure government contracts.