Overview | Counseling | Compliance and Fraud, Waste, and Abuse Matters | Bid Protests, Claims and Disputes | Voluntary Disclosures/Corporate Disclosures | Privatization and Outsourcing | Mergers and Acquisitions, Due Diligence, and Corporate Reorganization | Non-Appropriated Funds Contracts | Export Controls and Sanctions

Overview
The Vinson & Elkins government contracts and international procurement practice represent clients on all aspects of federal, state, and local government contracts, cooperative agreements, procurement, and grant law. In addition, the practice has well-recognized experience in international procurement matters, including export controls and sanctions, and in the privatization of government activities. As described below, V&E's experience includes counseling, complex litigation, claims preparation, investigations, voluntary disclosures, qui tam defense, and various issues affecting international business dealings. We work closely with attorneys in other practice areas including those in the corporate, healthcare, antitrust, white collar, environmental, and international trade groups.

Counseling
Vinson & Elkins counsels clients during the contract negotiation and contract award process, contract performance, and post-performance periods. Representative issues include contract requirements related to various labor statutes such as the Davis-Bacon Act (DBA), Service Contract Act (SCA), Contract Work Hour and Safety Standards Act (CWHSSA), and the Walsh-Healey Act; pre-award and post-award issues arising under the Buy American Act; the requirements of the Truth in Negotiations Act (TINA); Cost Accounting Standards (CAS); submission of unsolicited proposals and sole-source awards; various bid and proposal requirements; disclosures under the Freedom of Information Act (FOIA) and reverse-FOIA actions; technology transfers; teaming arrangements/joint ventures; GSA and VA Federal Supply Schedule contract issues, and issues affecting small and/or disadvantaged businesses, including issues involving the Small Business Act (SBA). We also advise clients regarding the restrictions affecting government contractors in the areas of lobbying, market intelligence, use of consultants and commission agents, and the potential conflicts of interest that may arise in hiring former government employees.

Learn more about our representative experience in Counseling.

Compliance and Fraud, Waste, and Abuse Matters
V&E attorneys are experienced in assisting government contractors in both the development of compliance systems as well as the evaluation of existing systems. When compliance matters arise in a civil or criminal investigation, we prepare and implement compliance systems, as well as defend against "fraud, waste and abuse" allegations. Vinson & Elkins attorneys handle civil and criminal investigations by the Agency Investigative Services, the Agency Inspectors General, and the Department of Justice. We defend any related False Claims Act (FCA) (i.e., civil fraud) and/or qui tam lawsuits. V&E attorneys are also experienced in defending contractors in suspension and debarment proceedings resulting from such allegations, investigations, and convictions.

Follow this link for a list of representative Compliance and Fraud, Waste and Abuse Matters experience.

Bid Protests, Claims, and Disputes
In the event of a dispute in the contract award process, V&E represents entities in the prosecution or defense of "bid protest" actions in all the cognizant forums, including the contracting agencies, Government Accountability Office (GAO), U.S. Court of Federal Claims (COFC), the Federal District, and state and local courts.  In the event of contract disputes,we represent entities of all sizes and business mixes (of commercial and government work).   Representation includes disputes before the Boards of Contract Appeals, U. S. Court of Federal Claims, and both state and federal courts.  We also assist in the preparation and negotiation of claims with any of the federal agencies, both military and civilian.  Our experience includes resolution of terminations for the government's convenience, as well as for default.

Click here to view a list of Bid Protests, Claims and Disputes experience.

Voluntary Disclosures/Corporate Disclosures
Vinson & Elkins attorneys assist companies in making voluntary disclosures under the Department of Defense (DOD) Voluntary Disclosure Program, as well as under the various voluntary disclosure provisions of the False Claims Act (FCA), and other statutory regimes.  Our attorneys are experienced in all aspects of the Voluntary Disclosure process, including identifying areas of potential violations, conducting internal investigations, and defending against civil and criminal enforcement claims.

Privatization and Outsourcing
We represent companies, as well as federal and state agencies, relating to the privatization of government activities and functions, including water and wastewater, environmental remediation, military housing, highways and infrastructure, and operations and maintenance. V&E lawyers have drafted and negotiated applicable terms and conditions, assisted in pricing, and reviewed relevant legislation and regulations to facilitate completion of the transaction. Together with our project finance attorneys, we also have arranged for and negotiated the terms of financing for privatization projects.

Mergers and Acquisitions, Due Diligence, and Corporate Reorganization
Vinson & Elkins attorneys have extensive experience in performing antitrust analyses, due diligence, and other internal analyses for some of the largest mergers and acquisitions in the government contracting industry.  These efforts include reviewing claims by or against the target entity, evaluating risks associated with such acquisitions, providing counseling on the cost treatment of various aspects of the transaction, and seeking government approval of the merger or acquisition. We also have assisted clients after completion of the transaction including obtaining necessary clearances, drafting novation agreements, establishing separate federal contracting entities to minimize compliance issues in otherwise commercial companies, handling miscellaneous cost accounting and disclosure issues, and monitoring the transfer of assets and government property.

Non-Appropriated Funds Contracts
V&E lawyers have extensive experience in connection with non-appropriated fund instrumentalities of the federal government. These agencies include military exchanges, commissaries, and clubs, as well as morale, welfare, and recreation activities that sell food, merchandise, and services in excess of $10 billion annually to military personnel.

Export Controls and Sanctions
Our attorneys have substantial experience working with export controls and sanctions regulations, including the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), and the various sanctions regulations issued by the Office of Foreign Assets Control (OFAC).  We also have experience in other related areas, including Foreign Corrupt Practices Act, Foreign Military Sales, and Foreign Military Financed Direct sales.  For more information on V&E’s export controls and sanctions practice, follow this link.