Vedder Price

Counseling: Obtaining and Performing Public Contracts Vedder Service

We can provide advice on all phases of the government contracting process, including finding and developing both prime contracting and subcontracting opportunities, preparing proposals, winning awards and resolving legal issues that may arise during contract performance.

Our attorneys have substantial experience with cooperative agreements and grants with virtually all major federal agencies as well as with many state and international governments. In addition, we have a strong track record for developing innovative solutions, including in the following:

  • Public/private partnerships
  • Privatization projects
  • Cooperative agreements
  • Cooperative research and development agreements (CRADAs)
  • Government grants

We can help you understand and implement strategies to comply with a wide array of applicable requirements and to address issues that may arise in the course of contract performance—ranging from cost accounting and cost allowability to voluntary and mandatory disclosures.

Compliance. If your company has any significant involvement with federal contracts or subcontracts, establishing and implementing a Code of Ethics and Business Conduct is mandatory. Our attorneys can help your company assess your industry’s environment and implement compliance programs that are appropriate for your organization’s size and nature, including:

  • Preparation of Code of Ethics and Business Conduct
  • Training programs
  • Policies and procedures
  • Audit programs

Contract terminations. We have substantial experience assisting contractors with the wide range of issues that arise when the government chooses to terminate a contract, either for default or for convenience. Our attorneys can help your company contest default terminations and prepare termination-for-convenience settlements.

Subcontracting and teaming. We assist with drafting, negotiating and administering teaming agreements, joint venture agreements and subcontracts. Our attorneys can provide counsel in all aspects of these agreements, including partnering for small business or other socioeconomic set-aside opportunities, and they have extensive experience representing prime contractors and subcontractors in disputes.

Country-of-origin determinations. Statutes and regulations, such as the Buy American Act (BAA) and the Trade Agreements Act (TAA), restrict the origin of goods purchased by the government—making a product’s country of origin extremely important in the government contracts arena. For example, under the TAA, the United States may not acquire end products that were substantially transformed in nondesignated countries such as China, Malaysia and the Philippines.

Our attorneys have significant experience analyzing obligations under these laws and, in appropriate situations, seeking waivers of BAA restrictions or requesting final determinations from the U.S. Customs Service regarding an item’s country of origin.