Government Contracts

The complexities of government contracting can be daunting. Flannery | Georgalis attorneys have extensive experience representing clients on government contracts issues arising out of civil and criminal investigations, including handling matters involving health care fraud, violations of the Anti-Kickback Statute (AKS), the Stark Law, and related False Claims Act (FCA) litigation.

Our attorneys also advise clients on a range of complex and sensitive government contract matters including regulatory compliance burdens required under GSA/Federal Supply Schedule, Federal Acquisition Regulation (FAR)/Defense Federal Acquisition Regulation Supplement (DFARS), domestic preference programs such as the Buy American Act (BAA), the Trade Agreements Act (TAA), and the Berry Amendment, as well as those relating to small business certification and affiliation, IP/data rights, and cybersecurity.

If a dispute arises with a government agency or between prime contractors and subcontractors or suppliers, Flannery | Georgalis attorneys are there to represent clients in suspension and debarment proceedings, to pursue bid protests, challenge country of origin decisions from U.S. Customs and Border Protection (CBP), and aggressively litigate commercial matters on behalf of our clients to achieve effective resolutions and lead them to continued and profitable success with a compliant contracts program as the bedrock.

Our government contracts practice often intersects with other issues handled regularly by the firm’s attorneys, including those in our White Collar Criminal Defense, False Claims Act/Qui Tam Actions, Foreign Corrupt Practices Act, Customs & International Trade, and our National Security, Cyber Security, Export Controls and Terrorism practices.

Our Experience

Representing U.S. manufacturer in Protest Exception against contract award by non-Federal entity on grounds the entity failed to comply with domestic preference policy and applicable Federal regulations

Defended small business executive charged with conspiracy, wire fraud, and criminal and civil FCA violations arising out of client’s management of subcontract performance on a U.S. Government procurement of military support services in Afghanistan

Obtained U.S. Dept. of Justice (DOJ) declination in FCA qui tam action against clients, wireless telecommunications company and owner, in which qui tam plaintiffs alleged over $100 million of wrongfully claimed small business credits

Represented U.S. subsidiary of Australian communications equipment manufacturer before CBP and successfully obtained favorable country of origin ruling for U.S. Government procurement purposes regarding high frequency software-defined radio produced

Advised non-U.S. business owner on compliance requirements of Corporate Transparency Act (CTA) of the National Defense Authorization Act for FY 2021 (NDAA) and registration and notification requirements under the International Traffic in Arms Regulations (ITAR) regarding transfer of majority ownership of U.S. subsidiary

Advised U.S. manufacturer and distributor of commercial and industrial sensor devices on Section 889 of the NDAA compliance regarding prohibition on the federal government from contracting with parties using “covered telecommunications equipment or services,” as well as Buy American – Supplies FAR compliance, including product analysis for TAA eligibility

Advised U.S. subsidiary and private German parent company on compliance requirements under Section 889 of the NDAA and prohibition on the federal government from contracting with parties using “covered telecommunications equipment or services”

Defended U.S. businessperson facing allegations of fraud and FCA violations related to purported misrepresentations of small business status

Advised U.S. manufacturer on BAA and TAA compliance regarding medical devices produced at maquiladora in Mexico for potential sale to Veterans Administration (VA)

Advised U.S. manufacturer and distributor of disaster and mass casualty products on Berry Amendment compliance regarding tactical, emergency temporary structures and preparing client certification confirming COTS, BAA, and TAA compliance

Analyzed products with foreign materials and assemblies produced in a foreign country and advised U.S. subcontractor on Buy American Act – Construction Materials Under Trade Agreements (FAR) compliance regarding U.S. Dept. of Interior, Bureau of Reclamation contract award for replacement of equipment at Hungry Horse Dam

Represented a U.S. steel company in responding to audit findings by the Defense Contract Audit Agency (DCAA) of non-U.S. content of steel plate purchased by an Israeli defense contractor under the Foreign Military Financing (FMF) program, including requesting a waiver and future approvals of calculation methodology for non-U.S. scrap content

Advised prime contractor in negotiations and preparation of research subcontract with leading research university in connection with NIH SBIR (Phase II) grant regarding Next Generation Testing Strategies for Assessment of Genotoxicity

Advised medical training device manufacturer on GSA Schedule compliance, including analysis of product eligibility under TAA, and successfully negotiated termination of supply contract after subsequent dispute arising from contractor’s claims for commission on client’s direct sales to federal and state agencies outside of supply contract

Advised medical training device manufacturer on State of Connecticut EEO, genetic information and related statutory and contractual compliance obligations and negotiated partial exemption with Commission on Human Rights and Opportunities regarding sales to state university