Government Contracts

O’Riordan Bethel seeks to achieve outstanding results for its clients in all aspects of federal, state, and municipal government contract arenas.  We prosecute and defend bid protests at the Government Accountability Office, before administrative agencies, and in federal and state courts.  We represent clients in size protests before the U.S. Small Business Administration.  We assist clients in negotiating and enforcing teaming agreements, joint venture agreements, prime contracts, subcontracts, and settlement agreements.  We successfully prepare and litigate claims against military and civilian agencies.  We provided policy analysis support to government and quasi-governmental clients, as well as large- and small-group training in federal and federal/state programs.

Case Studies

Bid Protests

  • We successfully protested the proposed award of a multi-million dollar, multi-year Baltimore City DPW Sanitary Contract to our client’s competitor, establishing that the proposed award would be arbitrary, capricious, and in violation of the terms of the City Charter and solicitation.
  • A competitor challenged the City of Baltimore’s decision to make award of a multi-million dollar, multi-year contract to our client. We advocated on behalf of our client before the Baltimore City Minority/Women’s Business Opportunity Office (MWBOO), the Department of Public Works to obtain appropriate departmental assessments. We then presented those assessments to the Board of Estimates as part of our client’s bid protest defense, resulting in denial of the protest and award of the contract to our client.
  • We recently intervened in a GAO bid protest filed against Navy’s award to our client of multi-million dollar, multi-year contract for logistics services at Guantanamo Naval Air Station, Cuba. We persuaded Navy counsel that the corrective action originally proposed was inappropriate to the case, and successfully advocated for implementation of substitute corrective action. Our efforts resulted in the speedy (within days) dismissal of the protest. Protest of W.I.T. Associates, Inc., B-409288.
  • We intervened in a GAO protest to defend the Defense Logistics Agency Troop Support’s award of a clothing manufacturing contract to our client following reverse auction procedures. Our interaction with agency counsel and protester’s counsel resulted in the incumbent bidder’s speedy (within days) withdrawal of the bid protest filing. Protest of Propper International, Inc., B-408354.1

Business Counseling and Drafting

We recently served as outside government contracts counsel for a world-leading developer of assistive technology and tools, assisting in the company’s  launch of federal contracting opportunities, including a contract awarded for research and design of hi-tech improvements in the fit, function, and comfort, of computerized and traditional prosthetics.  We developed a strategy to fully protect our client’s rights under contracts, subcontracts, SBIR Agreements, Other Transactions, and Cooperative Research and Development Agreements.  We negotiated special licenses of highly sensitive, proprietary data structures in multiple contract vehicles of development of technology for the Department of Veterans Affairs.

Business Counseling and Contract Support

We developed internal assessment, reporting and training programs for all aspects of federal contracting (appropriated and non-appropriated activities) for our client, a federal IT/IT services provider serving FAA, DEA, DHS, U.S. Army Research, Development, and Engineering Center, and U.S. DOJ.   We also reviewed and revised teaming agreements, contracts, and instruments in light of statutory and regulatory obligations, including the False Claims Act, Federal Acquisition Regulation, and ITAR.

Governance and Compliance

We serve as outside government contracts counsel for multiple IT/IT services provider clients as well as infrastructure and construction clients.  In that capacity, we conduct periodic objective investigations into existing operations, including review of accounting, bookkeeping/billing practices, and internal record-keeping/reporting protocols.  We also review operations and compliance measures as identified by Management, and negotiate contract awards, change orders, teaming agreements, and subcontractor/supplier agreements.

Minority- and Women-owned Business/Small Business

The service of minority- and women-owned and –operated businesses is at the core of our practice.  Our attorneys are honored to serve as counselor and trusted advisor to the individuals at the helm of these companies, and in many cases have served as their advisor from formation of the company through early start-up, through organic growth, growth through strategic merger or acquisition, and expansion through the launch of multinational and global operations.  Many of these clients have moved from struggling start-ups to mature regional and national industry leaders.  Our client list includes African-American, Hispanic-American, Asian-American, and woman-owned and -operated IT and IT services contractors, biotech/pharmaceutical and health services firms, engineering companies (environmental, civil, and electrical), construction and construction management firms, construction supply companies, and transportation companies.

We regularly assist companies obtaining or renewing certification, or defending challenges to certification.  We have recently been involved in certification matters before the following authorities:

Post-Award

We drafted our client's claim for recovery of costs from U.S. Army’s termination of client’s logistics contract for convenience of the government. Following the Army’s denial of the claim, we conducted 6-day trial before the U.S. Armed Services Board of Contracts Appeal (“ASBCA”), resulting in award of 87% of all amounts claimed. We then successfully prosecuted a claim (also before the ASBCA) for recovery of attorneys fees associated with the appeal and trial. Matter of Platinum Services, Inc., ASBCA Nos. 58015, 58311 (2013).

Suspension and Debarment

A competitor attempted to have our client debarred from doing business with the City of Baltimore.  We developed and coordinated a multi-faceted defense to the attack, eventually securing the support of Baltimore City’s Office of Counsel and the Office of Boards and Commissions.  The client’s prequalification and eligibility to accept work from the City was preserved.

Read more about the latest developments in government contract law on our blog.