Government Contracts

Bid protests

Our lawyers are some of the nation’s most seasoned at bid protests and can help navigate your company through the procedural maze of filing, or defending against, a bid protest. Because we regularly appear before the United States Government Accountability Office (GAO), the U.S. Court of Federal Claims, various government agencies, and state and local tribunals, we can provide unique insight into their decision-making.

Contract claims, disputes, and appeals

With our distinct resources and decades of experience, we have earned the position of “go to” procurement litigation counsel for some of the largest government contractors. Our combination of in-depth government contracts knowledge and extensive practical experience litigating procurement claims and disputes before the boards, courts, and ADR forums make our Government Contracts team well-positioned to assist you with all of your procurement-related litigation.

Buy American, country of origin, and onshoring

“Buy American” domestic preference rules as well as country of origin-based restrictions applicable to government procurements and other federally funded programs are often misunderstood. And they are absolutely critical to compliance with government contracts. Companies must consider the specific regulatory frameworks applicable to their contracts before certifying that products are “domestic,” “U.S-made” or from a “designated country.” Given the recent focus on “onshoring” or designated country “friend-shoring” of manufacturing of essential products, these certifications are coming under increased scrutiny.

Our team has a deep understanding of the full scope of Buy American and Country of Origin programs and how origin, manufacture, and “substantial transformation” standards are applied and assessed. We combine our deep knowledge of these frameworks with our understanding of various federal contracting programs, and by doing so we support our clients in making necessary certifications.

We routinely support clients with respect to onshoring initiatives and guide them in efforts to comply with emerging supply chain restrictions, including those being imposed under the BIOSECURE Act and other supply chain restrictions cutting across various industry sectors.

In addition to guiding on compliance, we assist in adaptation of production plans where needed. Knowing the rules can lead to fresh opportunities. Hogan Lovells can help.

Grants, cooperative agreements, and other transaction

Changes in policy, regulation, and the market have transformed the government’s approach to grants and cooperative agreements — adding more complexity to an already complex environment. Government awards impose strict requirements on the institutions they fund – including financial scrutiny and research security. Our team embraces this challenge. We’re plugged into federal awards and the research landscape, advising organizations across the spectrum of financial, operational, and scientific obligations in the U.S. and abroad. We routinely handle government audits and investigations, including False Claims Act matters involving federal awards.

National security and facility security clearances

Foreign-owned companies seeking to perform classified national security work for the U.S. government face heightened scrutiny and complex regulatory hurdles. We are pre eminent in providing national security advice, representing government contractors, foreign investors, and universities in matters involving U.S. security clearances and foreign ownership mitigation.

Our team has successfully guided dozens of companies and research institutions through facility and personnel security clearance processes with the Department of Defense (DoD), Department of Energy (DOE), and the Intelligence Community (IC). We advise on strategies to mitigate foreign ownership, control, and influence (FOCI), helping clients avoid transaction delays, preserve deal value, and maintain eligibility for classified work.

Cybersecurity

The government creates, holds, uses, and transfers more electronic information than any other entity in the world. Our team advises contractors and grantees on the full lifecycle of cybersecurity compliance and risk in the federal marketplace. We counsel clients on government-specific cybersecurity requirements, including CMMC, NIST SP 800-171 and 800-53, DFARS and FAR cybersecurity clauses, FedRAMP, incident reporting, and supply chain security. Our team regularly supports clients through assessments, audits, and enforcement actions, including False Claims Act matters and investigations arising from the Department of Justice’s Civil Cyber-Fraud Initiative. Drawing on deep experience with the Department of Defense and civilian agencies, we help clients proactively manage cyber risk and respond quickly when issues arise.

Fraud and False Claims Act

Our team has extensive experience defending contractors and grantees in False Claims Act (FCA) and qui tam actions. The government and relators are increasingly aggressive in such areas as cost allowability, conflicts of interest, cybersecurity, defective pricing, federally sponsored research, and noncompliance with the Trade Agreements Act and other government-unique supply chain restrictions. We’ve handled high profile fraud and FCA matters across every major industry, including aerospace and defense, education, life sciences and healthcare, technology, energy, and mobility. We guide clients through all phases of the matter, from responding to subpoenas and Civil Investigative Demands, to negotiating favorable resolutions, and (where necessary) mounting robust defenses in federal courts.

Audits, investigations, and enforcement

Intense scrutiny comes not just from government auditors and investigators, but increasingly from the media, whistleblowers, and others seeking to expose waste, fraud, and abuse in the government marketplace. Guiding contractors and grantees through high stakes investigations is a core component of our practice. We lead internal investigations, counsel on audits and agency inquiries, guide voluntary and mandatory disclosures, and implement proactive compliance programs and solutions to avoid adverse government action.

Suspension and debarment

Our lawyers regularly defend companies in connection with suspension and debarment proceedings resulting from misconduct allegations, including those of defective pricing, kickbacks, organizational conflicts of interest, overbilling, noncompliance with the Trade Agreements Act, violations of the False Claims Act, and other alleged infractions, many of which are unique to government contracting.

Corporate transactions

Our team advises buyers, sellers, investors, and portfolio companies on the government contracts issues that shape corporate transactions. We guide clients through mergers, acquisitions, divestitures, and investments involving federal contractors, with a focus on diligence, risk allocation, and deal structuring. Given the highly regulated market, we help clients understand and navigate the nuances of government contract law, including applicable statutes and regulations such as the FAR and DFARS, small business and socioeconomic requirements, and novation and change of control obligations. Our team works closely with deal counsel to identify and address issues that can affect valuation, closing timelines, and integration, delivering practical solutions and helping clients execute transactions effectively.

International projects, contracts, and foreign military sales

Leveraging our global platform, we’ve advised government contractors and awardees on projects in more than 150 countries. On-the-ground practical experience across dozens of countries informs our solutions to the challenges of global regulation, international employment, foreign expansion, and transnational contracts. In addition to humanitarian, foreign assistance, and relief programs across the world, we advise on Foreign Military Sales (FMS), Direct Commercial Contracting (DCC), Foreign Military Financing (FMF), and country specific national security requirements to enable the sale of defense articles, services, and training to international partners. We also help companies establish joint ventures, teaming and licensing arrangements, and foreign subsidiaries to gain or improve access to foreign governmental markets.

Health, medical device, and biopharmaceuticals

We have decades of experience representing biotechnology, medical device, and pharmaceutical companies in connection with federal procurements. We advise on the full life cycle of government contracts, including preparing an offer, negotiations, administration, modifications, and terminations. We routinely assist clients with audits and internal reviews relating to federal contract pricing, M&A diligence, Veterans Health Care Act of 1992 compliance, country-of-origin restrictions, and the VA and DoD Tricare health programs. We also advise on voluntary disclosures and settlements with the government. Our practical and business-oriented approach allows our clients to resolve disputes with the government efficiently and effectively.

Foreign sourcing/supply chain restrictions

We advise government contractors on foreign sourcing and supply chain restrictions, including domestic preference laws, trade agreements, prohibited sources, and flowdown obligations, helping clients manage risk and maintain compliance across the procurement lifecycle.

Labor and employment

Government contractors face unique labor and employment obligations driven by federal statutes, regulations, and contractual clauses. Our team frequently guides clients through complex requirements while managing audits, advising on compliance obligations, and reducing the risk of back pay liability, contract disputes, or debarment.

Cost accounting, allowability, and pricing

Doing business with the government means compliance with arrayed accounting principles under the Federal Acquisition Regulation (FAR) or Uniform Guidance. Regulators such as the Defense Contract Audit Agency (DCAA) and National Institutes of Health (NIH) increasingly take rigorous approaches to the allowability and allocability of costs to government awards. Our lawyers are well-versed in all types of cost-related controversies, audits, and investigations. Our deep experience with cost accounting standards as well as DCAA manuals and audit programs allows us to advise contractors and grantees efficiently and sure-handedly. When disputes arise, we use our combined accounting acumen and litigation skills to draft effective claims and handle matters successfully before the Boards of Contract Appeals and the U.S. Court of Federal Claims.

Intellectual property and data rights

Protection of intellectual property and data rights under government awards can be a minefield. Unique regulations and clauses in government contracts, grants, and cooperative agreements and other transaction agreements allocate to the government specified rights in inventions, technical data, proprietary information, or trade secrets arising from technology supplied under awards. Our experience is built on decades handling complex IP matters, from negotiating licenses and technology transfer transactions to helping businesses, universities, and nonprofit organizations commercialize emerging technologies developed under government programs.

Commercial product and service contracting

Government procurement of commercial products and commercial services has transformed in recent years as the government attempts to ensure the availability, quality, and rapid delivery of commercially available items and services. Our in-depth knowledge of the unique issues that commercial items contractors face coupled with our proactive approach to problem solving helps clients navigate the intricate statutory and regulatory frameworks that apply to procurements of commercial products and services by federal, state, and local governments. We advise on a variety of governmentwide acquisition contracts, including Federal Supply Schedule contracts issued by both the General Services Administration and the Department of Veterans Affairs. We also assist companies with commercial items subcontracts with small business resellers.

Small business and socioeconomic programs

Our government contracts team works with both small and large businesses to understand and comply with the various small business set aside programs and subcontracting plans relevant to their government business. We advise on the stringent rules relating to government set-aside programs – supporting clients in maximizing their opportunities to contract with the government, either directly or through a business partner. Relatedly, we represent businesses in size protest disputes and adverse size determination decisions issued by SBA. Finally, we also support large contractors in the creation, maintenance, and reporting of small business subcontracting plans required under many government contracts.

Compliance

Our team is plugged into federal grants and contracts, working extensively on regulatory compliance domestically and internationally. Our lawyers routinely advise on the complex federal rules that govern procurement and financial assistance, including labor and employment, domestic preferences, information technology, cost accounting, ethics and integrity, mandatory disclosures, supply chain, small business preferences, and contract administration. Our work extends to federal health care contracting, as well as scientific research compliance under federal grants and cooperative agreements including research security, research misconduct, human subjects, and compliance with the OMB Uniform Guidance.

Public procurement

Across all major jurisdictions worldwide, authorities and bidders encounter a host of regulations governing the conduct of procurements and the performance of government contracts. We help you navigate the maze of global compliance and reporting requirements to minimize and manage risk.