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Government Contracting

Gentry Locke attorneys assist businesses in obtaining and then performing on government contracts. Government contracts bring with them a host of legal requirements imposed by federal, state and local law.

For clients who are interested in pursuing work with government agencies and complying with government regulations, we offer advice and guidance based on substantial experience that permits us to help businesses identify and avoid problems that can be very costly.

We approach issues with a practical business orientation designed to allow clients to meet their business objectives. When disputes arise, we have capable and experienced trial lawyers to represent businesses vigorously through the administrative process in trials and on appeal.

Our Government Contracting law group draws on a wide range of experience from our various practice groups within the firm such as Construction, Government Investigations, Labor and Employment, Intellectual Property, Commercial Litigation and Mergers and Acquisitions. Bringing a multi-disciplinary approach, Gentry Locke can efficiently and effectively assist clients in a broad area of government contracting which include:

  • Contract formation, administration and compliance
  • Bid process
  • Fraud investigations and qui tam suits
  • Intellectual property protection
  • Labor and employment/OFCCP
  • State and local representation
  • Public private partnerships
  • Mergers and acquisitions
  • Succession planning

Contract Formulation, Administration and Compliance. We advise our clients on the opportunities and pitfalls in the procurement process, and assist clients in performing audits and establishing procedures to ensure compliance with numerous certifications required by government contracts.

Bid Process. We have represented clients on a variety of challenges to contract awards. We understand the importance of challenging issues at the earliest possible stage and trying to resolve potential disputes over procurement through informal means wherever possible. When our clients are not selected for a contract award or when an award is protested by another bidder, our attorneys have a proven record of success in representing their interests regarding federal, state, and local procurement issues.

Fraud Investigations and Qui Tam Suits. We regularly advise clients regarding the unique ethical obligations of federal government contractors such as preventing kickbacks, illegal gratuities, false claims and false statements, and organizational conflicts of interest as well as the need to comply with various procurement integrity principles. We assist clients in preparing codes of conduct and compliance policies, and implementation of corporate compliance programs designed to educate all their employees about the added level of scrutiny that applies to business dealings with the government.

We also conduct internal investigations to address concerns that arise in advance of any government knowledge so that our clients stay ahead of possible problems. We prepare responses to subpoenas and investigations by Congressional committees, agency inspector generals or the Department of Justice, whether for civil or criminal violations of the False Claims Act or other fraud statutes. We will attempt to persuade investigators not to pursue the matter, but if an audit or investigation goes forward, our lawyers will represent the client in Congressional hearings, grand jury investigations, plea bargaining sessions and all phases of litigation including criminal trials and appeals. Additionally, in appropriate cases, we will also assist clients who desire to bring a whistleblower and/or a qui tam claim.

Intellectual Property Protection. Many businesses base their success on important intellectual property rights, and Gentry Locke understands that when entering into contracts with the government, there is a need to protect these vital trade secrets and property rights. We help our clients to institute business practices that will guard against granting the government unlimited rights in intellectual property that was not developed at government expense. We also prepare and review intellectual property and software license agreements, as well as noncompetition and nonsolicitation agreements to ensure a contractor’s data, patent, copyright and other intellectual property rights are properly protected. We also represent our clients in court when they need to enforce their existing intellectual property rights.

Labor and Employment. Government contracts are subject to unique labor and employment requirements. We advise businesses on compliance requirements imposed by Executive Order 11246, the Rehabilitation Act of 1973, the Vietnam Veterans Readjustment Assistance Act of 1974, and E-Verify. We help employers respond to claims by whistleblowers and work with management to reduce the risk of retaliation claims. We also help clients prepare written affirmative action plans that will meet the requirements of the Office of Federal Contract Compliance Programs (OFCCP), and should an audit or investigation occur, we represent management to resolve any identified discrepancies. In addition, we also advise clients on compliance with the new E-Verify requirements, EEO requirements, workplace and labor standards imposed by the Davis Bacon Act, the Walsh Healy Act, the Service Contract Act, the Occupational Safety & Health Act, wage and hour disputes, and other anti-discrimination laws. When litigation arises in these areas, we have substantial experience to defend the interests of companies and their management teams.

State and Local Representation. Our attorneys are experienced and thoroughly understand the unique rules imposed by the Virginia Public Procurement Act, Public Finance Act, Freedom of Information Act and Virginia’s “Dillon Rule.” We represent local government entities, as well as state and local contractors, who must work within these rules on a daily basis, and provide efficient and effective answers when needed.

Public Private Partnerships. We have significant experience in representing businesses involved in public private education in ventures funded through the Public Private Education Act and the Public Private Transportation Act.

Mergers and Acquisitions. Our business attorneys have significant experience representing the owners of government contracting entities in connection with the sale, merger or acquisition of another business in a different geographic area.

Succession Planning. Many government contractors are privately held, and at various times need to develop and implement a plan for corporate succession. Gentry Locke works closely with an affiliated entity, Corporate Capital Resources, LLC, to evaluate the options available. Where appropriate, the attorneys in our General Business Practice Group work with clients to consider and implement the use of Employee Stock Ownership Plans (ESOPs).

Have questions? Contact us.