Arnold & Porter LLP has been a respected leader in the government contracts community for over 40 years and offers wide-ranging experience in the areas of significant interest to our clients including:
* Accounting, Cost & Pricing
We regularly assist clients in the cost principles of the Federal Acquisition Regulation (FAR) (and other agency-specific regulations), as well as the Cost Accounting Standards (CAS). We cover virtually all aspects of accounting cost and pricing, including counseling on the allowability or reasonableness of costs, interpreting the CAS to assure compliance, assisting in the response and resolution of Defense Contract Audit Agency (DCAA) audits, addressing issues involving disclosure of cost or pricing data under the Truth in Negotiations Act (TINA), dealing with indirect cost rates, or litigating these issues before the Board of Contract Appeals or the Court of Federal Claims.
* Audits and Investigations
Government inquiries and internal investigations require careful handling, and the lawyers in our group have the experience to handle these matters. Whether criminal or civil in nature, we assist with all investigative steps and strategic responses. We have been called on to address very sensitive suspension and debarment projects, Procurement Integrity Act concerns, and analysis regarding mandatory disclosure requirements.
* Bid Protests
We have a proven track record assisting clients with both pre- and post-award bid protests, including CICA stay override cases. We have successfully represented clients before federal and state government agencies and tribunals, including the US Government Accountability Office, the US Court of Federal Claims, the FAA ODRA, and the Federal Circuit Court of Appeals, as well as many federal agencies. Whether defending an award or initiating a protest, our extensive experience in each forum, deep analytical capabilities and litigation skills, and commitment to success focus on our clients ultimate business interests.
* Claims Litigation
We offer clients a broad and deep claims litigation practice, assisting in all aspects of government contracts litigation, including preparation and pursuit of large, complex claims against the US government, and defense against government claims. Our claims work spans many industries, including defense and aerospace, construction, electronics, financial services, professional services, and information technology.
* Congressional Investigations
We have guided numerous companies and individuals through congressional subpoenas and document requests, informal and on-the-record staff interviews, and the high-profile public hearings that characterize major congressional investigations.
* Contract Compliance
We counsel clients daily regarding compliance with FAR and DFAR Supp. regulations and contract clauses, as well as other compliance matters relating to U.S. sourcing, export controls, the Small Business Act, Service Contract Act, and the host of other special requirements government contractors confront. Our practitioners are also exceedingly well-versed in developments relating to Organizational Conflicts of Interest (OCIs), having handled several leading cases in this area.
* False Claims Act (FCA)
Our attorneys have substantial experience defending federal and state FCA actions, including qui tam proceedings. We assist clients with FCA investigations and have a proven track record of persuading the government not to intervene in qui tam matters. We have also successfully defended numerous FCA cases that either the government or a qui tam relator has moved forward to litigation; our attorneys have the experience and ability to defend FCA claims through trial. Our attorneys have also defeated FCA claims through motions for dismissal and summary judgment, and, when appropriate, have negotiated favorable settlements.
* Foreign Corrupt Practices Act (FCPA)
We provide the full spectrum of FCPA and global anti-corruption related services, from counseling clients on FCPA compliance programs to reduce the risk of FCPA exposure to representing US and foreign companies and individuals before the two US enforcement agencies, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC), as well as foreign enforcement authorities, when allegations of violations arise. We have FCPA and anti-corruption experience in all regions of the world, including Asia, Latin America, the Middle East, Africa, and Europe.
Combining our experience in government contracts regulation and enforcement with the firm's broad-based corporate practice enables us to assess risk and the potential for material liability, as well as hidden value, in mergers, acquisitions, business combinations and restructurings, and capital markets transactions involving companies engaged in government business. Our attorneys conduct due diligence inquiries and draft and negotiate key provisions in transaction documents to secure protection for, and minimize risk to, our clients. We work with companies making strategic or financial acquisitions in such industries as aerospace and defense, information technology, defense electronics and communications. In addition, we have extensive experience assisting both US and foreign companies in transactions subject to review by the Committee on Foreign Investment in the United States (CFIUS). A number of our lawyers have worked on CFIUS matters as senior officials in the US government that bring to our team insight into and experience with the review process.
* National Security
Our government contracts and national security lawyers counsel US and foreign companies in the full range of issues that arise in the unique environment of contracting with the US intelligence, defense, and homeland security community, including contract formation, pricing, licensing of intellectual property, compliance issues, and indemnification and mitigation of liability for unusually hazardous or antiterrorism-related goods and services. Our government contracts and national security team includes lawyers who formerly held senior positions in the Central Intelligence Agency, the National Security Agency, the US Department of State, the US Department of Justice, and Congress; a number of them possess active US government security clearances. They understand the special issues that arise under national security contracts and the unique processes and considerations in the security and intelligence procurement communities. We also have substantial experience in dealing with issues arising under classified or so-called "black" programs.
With more than 50 lawyers serving our government contracts clients, including some who focus on specialized areas (e.g. national security, export control, intellectual property) or particular industries, we are well-positioned to provide advice to both start-ups and FORTUNE 500 companies, both US and international entities, government and private corporations, and both for-profit and not-for-profit organizations.