Morris Manning & Martin, LLP

Government Contracts & Grants

Morris, Manning & Martin’s Government Contracts team understands the federal government's procurement process. For a federal or state government contractor, or for a business that has decided to enter into the government market, the accurate identification and mitigation of the risks arising from the procurement process is a necessity. Our extensive background working within the federal and state procurements brings a significant advantage to our clients when navigating their relationships with government agencies. In addition to procurement matters, our lawyers specialize in administrative and contract law spanning the full range of federal, state, and local government contract formation and administration.

Comprehensive Representation

Our team assists clients with every stage of the government procurement process, beginning with an analysis of the risks associated with entering the market and continuing through the issues arising during the solicitation, award, performance, and completion of government contracts. Transactions in this market are affected by a mix of commercial and uniquely federal rules and regulations, many of which can vary substantially based on several factors, including the type of product or service being acquired, the acquiring agency, and the characteristics of the contractor itself. We help clients understand, respond to, and, if necessary, litigate issues and disputes arising in negotiated solicitations; GSA Schedule contracting; offer, acceptance and award; mistake in bid; contractor responsibility and responsiveness; cost reimbursement contracts; contract audits; suspension and debarment; Small Business contracting; the Service Contract Act; the Buy American Act; the Trade Agreements Act; the Freedom of Information Act; appropriation of funds; rights in technical data; contract interpretation; termination for convenience claims; change orders; excusable delays; inspection and acceptance of goods; cost accounting; warranties; and default terminations.

Industry Knowledge

Many of our clients provide high technology goods and services. In addition, MMM's government contract team also represents a wide variety of other companies selling a wide variety of products and services to all levels of the government.  Our lawyers have significant depth working with clients in industries including:

  • Cybersecurity
  • Defense and aerospace
  • Healthcare and life sciences goods and services
  • Homeland security
  • Information technology
  • Leasing
  • Office and video equipment
  • Technology
  • Telecommunications

Mergers & Acquisitions

MMM provides merger and acquisition assistance at every stage, from planning strategic considerations involved in structuring and financing transactions to negotiating effectively to fully capitalize on the business opportunities presented. The firm works with companies and their directors to formulate and implement an acquisition strategy, respond to acquisition invitations of other bidders, and structure strategic joint ventures involving multiple parties and lines of business.  We also conduct due diligence on the government contract portfolios of acquisition targets.  When needed, our team relies on the depth of our full corporate to bring in needed expertise to successfully advise clients and close deals.

Terminations

Termination of a government contract or subcontract before the completion of a performance can present significant challenges for any contractor. In cases where the government or a higher tier contractor has terminated a contract, whether for its convenience or for alleged default, MMM works with our clients to identify, analyze, and respond to the fact and legal issues raised by the termination. We help clients prepare and defend termination settlement proposals when required and, where appropriate, challenge the government’s (or higher tier contractor’s) allegations of non-performance in cases of termination for default. Often, when we are engaged prior to a formal adverse action by the government or higher tier contractor, we are able to help the contractor demonstrate the non-existence of the alleged failure of performance, and where appropriate, to develop, negotiate, and implement a corrective action plan to respond to the concerns and avoid termination.

MMM also represents contractors and subcontractors in formal legal proceedings challenging adverse contract actions, including litigation between the contractor and the agency in the government contracts forums (Boards of Contract Appeals, the U.S. Court of Federal Claims, or U.S. District Court) and between contractors and subcontractors in federal and state courts.

Audits

At a client’s request, our team will conduct an internal investigation in advance of any government inquiry into possible problems, as well as prepare responses to subpoenas and investigations.  Our lawyers will represent the client in any suspension and/or debarment proceedings if necessary.

Compliance

MMM counsels clients with regard to the often complex requirements of various government ethical mandates and the steps they must take and document to satisfy those requirements. These include, but are not limited to, the following:

  • Avoiding conflicts of interests
  • Employment of former government employees
  • Preventing bribery and illegal gratuities
  • Preventing kickbacks
  • Prevention/reporting of false claims and false statements
  • Procurement Integrity
  • Restrictions on lobbying and political contributions
  • Truth in Negotiating

Key Services

  • Audit defense
  • Statutory and  regulatory interpretation
  • Contract analysis, counseling and financing
  • Bid protests
  • Claims and terminations
  • Corporate transactions involving government contracts
  • Cost and pricing matters
  • Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation (DFAR) matters
  • Equal Access to Justice Act (EAJA) claims
  • Fraud, false claims and Qui Tam defense
  • Grant award and administration advice
  • GSA Schedule contracting
  • Data Rights
  • International Traffic in Arms Regulations (ITAR)
  • Litigation before the Boards of Contract Appeals and federal, state and local courts
  • Negotiation of teaming agreements, supply and service contracts, and subcontracts
  • Office of Federal Contract Compliance Program (OFCCP) audits
  • Responses to Requests for Proposals
  • Security clearance matters
  • Small Business law,  including size protests and joint ventures
  • Suspensions, debarments and other exclusions
  • Trade Agreements Act compliance
  • Technology transfers and software licensing