Government Contracts and Related Litigation

Businesses that sell goods and services to the United States Government - or to any State or Local government - face unique contracting issues. Oldaker, Belair & Wittie offers expert problem-solving advice on these issues, grounded in many years of experience. Coupled with the reputation of our lawyers for aggressive advocacy, sound business judgment, thoughtful analysis, and common sense, this expertise enables us to provide our clients with exceptional legal services on a cost-effective basis.

• Pre-award and post-award bid protests, before individual agencies, the Government Accountability Office, and in Federal court. Representative matters include protests of solicitations worth hundreds of millions of dollars, involving multiple parties and extensive briefing, and protests on solicitations for less than $100,000, where the terms of the solicitation were so restrictive of competition that they were effectively sole-source awards.



• Drafting and negotiation of complex contract arrangements. Representative matters include conducting difficult, but ultimately successful, negotiations with a major U.S. defense contractor on behalf of a European company whose prime contract with a consortium of NATO countries required utilization of the U.S. company's controlled technology; negotiating the terms of a commercial ship repair contract; drafting and negotiating a teaming and subcontracting agreement between a large systems integrator and a small business service contractor, on a $250 million contract; and preparing generic consulting agreements and subcontracting documentation for a variety of clients, with emphasis on clarity, risk avoidance, and enforceability.



• Evaluation of contract performance issues. Representative matters include analyses of the obligations of contractors and the government under the terms of their contracts, interpretation of contract terms and provisions, evaluation of potential remedies, and consultation on cost accounting issues.



• Presentation of matters in opposition to the proposed debarment of a government contractor. Representative matters include pre-conviction and post-conviction proposed debarments, before civilian and military agencies, and cases in which the actions were based on false claims, false statements, export violations, product substitution, and fraudulent test results.



• Pursuit of claims through mediation, arbitration, and litigation. Representative matters include claims involving tens of millions of dollars based on defective specifications and delay; disputes involving prime and subcontract arrangements under Federal contracts; termination claims; and claims based on defective workmanship. We have pursued and defended actions in Federal court, state court, before Federal Boards of Contract Appeals, and before various arbitration and mediation tribunals.

Professionals

Patricia H. Wittie
Karla J. Letsche
Kathryn E. Swisher