Mastando & Artrip can assist companies that do or want to do business with the government throughout the life cycle of the federal and state procurement process. From the very formation of a company or joint venture to reviewing contract solicitations; preparing and negotiating teaming agreements and GSA schedules; interpreting contract provisions; protesting contract awards pre- and post-award; pursuing claims under existing contracts; and defending against protests and suspension and debarment actions.
Compliance
Mastando & Artrip can assist with an array of compliance matters, including labor and employment requirements. We have counseled clients on matters of compliance with the Department of Labor’s equal opportunity and affirmative action requirements, the Rehabilitation Act of 1973, and the Uniform Services Employment and Reemployment Rights Act. We also help clients prepare written affirmative action plans to withstand audit or investigation. We can explain the workplace and labor standards established under laws such as the Walsh-Healey Act, the Davis Bacon Act, the Service Contract Act and the Contract Work House and Safety Standards Act.
Audits
In the event a client finds itself under investigation by agency inspectors general, we can prepare responses to subpoenas and investigations. If the government is contemplating suspension or debarment as a result of an audit or investigation, we can represent the client in suspension and/or debarment proceedings and negotiate with the debarring or suspending entity on the client’s behalf.
Contract Termination
When a government contract is terminated for convenience, the attorneys at Mastando & Artrip can review the circumstances for the termination and advise accordingly. We can prepare a claim for termination for convenience in accordance with the Federal Acquisition Regulations (FAR) to protect the company’s financial interests and its recovery.
When a government contract is terminated for default, the attorneys at Mastando & Artrip can assist the contractor to limit its liability. A termination for default may subject a contractor to the government’s re-procurement costs or become part of the contractor’s past performance record, which will harm the contractor’s ability to compete on future contracts. A successful appeal of a termination for default is usually converted into a termination for convenience.
Bid Protests
Bid protests are commonly used to challenge the award of contracts or the terms of procurement solicitations. Protests relating to federal contracts can be filed in three possible places — the procuring agency, the U.S. Court of Federal Claims or the U.S. Government Accountability Office (GAO) — each with different rules and procedures.
Because the vast majority of bid protests are ultimately denied, Mastando & Artrip can advise clients about whether to file a protest and, if so, the selection of the ideal forum. Companies considering a protest must act quickly due to short filing deadlines. Failure to meet a deadline can cause a company to lose its legal rights. It is important to keep in mind that some types of protest can halt an award or contract performance, which can be a useful remedy.
Additionally, Mastando & Artrip can assist a client who won a government contract where that contract is subject to a protest. When a competing company files a protest, intervention in the proceeding by the company is typically advisable in order to assist the agency to defend the award.
Federal Programs for Small Business
Mastando & Artrip can advise clients about the various federal government assistance opportunities available to small and small disadvantaged businesses, including total and partial small business set-asides. For businesses interested in applying to Small Business Administration’s programs, or for participants already in the SBA programs, our attorneys can guide you through the most current regulations and how recent changes might impact your company.
Ethics
Mastando & Artrip can advise clients about the ethical obligations of federal government contractors, as well as any recent changes to the ethics rules, concerning:
Illegal gratuities
False claims and false statements
Lobbying restrictions
Procurement integrity
Conflicts of interest and the appearance of conflicts
Kickbacks
We assist clients in drafting codes of conduct and compliance policies and in structuring corporate compliance programs to educate all of their employees about the added level of scrutiny applied to business dealings with the government.