Since inception, we have supported companies in their efforts to obtain and administer millions of dollars in federal awards.
We represent prime contractors, subcontractors, and suppliers in all types of matters related to government contracts. We work on transactions where contractors deal directly with government like procurements, grants, and cooperative agreements as well as transactions between private contracting parties like dealer, teaming, and subcontracting agreements.
We provide representation in government contracts with both counseling and litigation and have represented entities of varying sizes, industries, and levels of need.
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Weitz Morgan works with prime contractors in procurements, cooperative agreements, and grants. Both for-profit and non-profit entities engage our services in assisting with managing their government contracts and in the litigation of protests and disputes.
Prime contractors of course have the most responsibilities and accountabilities in federal contracting. Primes face not only undertaking the performance of contract deliverables, but in ensuring compliance and managing subcontractors and vendors. With various applicable laws and statutes, flow down requirements, certifications, and risk mitigation, prime contractors need counsel that is knowledgeable and available. At Weitz Morgan we strive to be that resource and to help prime contractors more easily and confidently navigate their awards.
Unlike prime contractors, subcontractors are not directly responsible to the government for performance of the contract. However, subcontractors must nevertheless have an understanding of and counsel on public contract law. With flow-down clauses applicable in many instances, subcontractors are subject to a significant number of requirements related to the government contract that are not seen in commercial contracting.
Subcontractors face a unique set of circumstances in that they must understand and manage a hybrid world of government contracts and commercial agreements. In addition to advice on public contract law, Weitz Morgan also works with subcontractors on the commercial contracts that govern the terms of their relationships with primes.
Below is a sample of the types of work we have handled in this practice area.
- Served as lead counsel for a consortium of energy companies awarded a large cooperative agreement. Advised the President and COO as well as the Board of Directors on compliance, performance, and close-out. In addition to basic public contract law matters, counseled client on IP, technical data, and tangible property rights, SCA and Davis-Bacon applications, and cost principles. Drafted and negotiated multiple teaming agreements, cost sharing agreements, subawards, and vendor contracts, crafted and implemented vendor procurement procedures, and assisted with management of real property.
- Long-time counsel for one of the leading suppliers of AV furniture to the U.S. military. Provided attorney advisory opinions and letters to third parties on country of origin markings, TAA compliance, and FCA violations. Conducted successful bid protests. Served as the government contracts expert for trial counsel in defense of an FCA lawsuit.
- Outside counsel for one of the largest foodservice and beverage distributors in the U.S. Advised the company’s General Counsel and public contracts team on a variety of procurement issues by reviewing and offering opinions on RFP’s as well on compliance matters like pricing structure and HIPAA business associate agreements.
- Guided executives and contracts manager at large predictive analytics company on organizational conflicts of interest created by a subcontract on a DOD weapons system contract. Defined OCI’s to the client and provided a written analysis of its OCI issues with recommendations on how to mitigate and proceed for each scenario.
- Counseled global manufacturer of storage and wireless networking devices on its manufacturing process to determine TAA compliance.
- Advised counsel for global motor design company on the BAA, TAA applications under an ARRA contract.
- Served as outside government contracts counsel for national maintenance repair supplies company. Provided guidance on BPA terms and conditions, disputes and bid protests, country of origin issues, contract compliance and administration, ethics, cost principles, and price adjustments.
- Experience with formation and administration of a variety of GSA Schedules contracts for domestic and international clients. Counseled GSA Schedule holders on BPA terms, CSP and price adjustment clauses, novations, teaming, reseller, and dealer agreements, socio-economic classifications and requirements, and automatic stays and interventions in bid protests.
- Advised clients in state and local procurements, including TXMAS, federal money flow downs, debarments, pre-award and post-award compliance, cooperative purchasing, DBITS, CMBL, subcontracting plans, and the TX Government Code.