Government Contracts

Featured Publication:

Back Again: U.S. Department of Labor Issues Final Rule on Nondisplacement of Qualified Workers [Alert]

The U.S. Department of Labor’s Nondisplacement of Qualified Workers Under Service Contracts Rule is back in effect and will apply to all new SCA-covered solicitations and contracts issued after February 12, 2024.

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Contracting with the government — whether it be federal, state, or local government — presents a unique set of complexities. Navigating those complexities often requires counsel experienced in the full life cycle of a government contract. Cozen O’Connor has an interdisciplinary team of Government Contracts attorneys ready to assist clients in all phases of the process.  

Our team includes lawyers who have held high-level positions and handled procurement throughout government, including former senior lawyers in offices of state attorneys general; those who have served in federal administrative agencies; the former Chief Operating Officer of the Troubled Asset Relief Program, and senior vice president and general counsel of the Export-Import Bank of the United States. Our Government Contracts attorneys have experience with a wide range of industries and related state and federal agencies, including construction, professional services, defense, health care, engineering, technology, maritime, aviation, and transportation. We regularly work with lawyers in our Construction, Transportation and Trade, and White Collar Defense & Investigations groups and leverage lawyers in these practices when government contracts issues arise that would require their unique skillsets.

Our services include the following:

  • analyzing procurement schemes and solicitations;
  • assisting with developing capture strategies;
  • preparing proposals and bids;
  • assessing requirements imposed by labor standards statutes (such as the Davis-Bacon Act and Service Contract Act) as well as Office of Federal Contract Compliance Programs (OFCCP) obligations;
  • conducting negotiations with contracting agencies;
  • protesting deficiencies or ambiguities in government solicitations before bids or best and final offers;
  • protesting or defending the award process;
  • conducting due diligence for M&A transactions;
  • novating contracts;
  • negotiating change orders;
  • assessing a wide range of government compliance issues, including the effect of relevant statutes or actions by government agencies on contract performance;
  • handling contract disputes arising during performance; and
  • defending clients facing suspension, debarment or other punitive measures.

Throughout our decades of experience, we have successfully represented clients in bid protests before the General Accountability Office (GAO) and contract disputes before contracting officers, boards of contract appeals, and various state and federal courts, including the U.S. Court of Federal Claims and the Pennsylvania Supreme Court. For example, the GAO sustained a protest we brought that challenged certain technical restrictions in a U.S. Forest Service solicitation for aerial firefighting services. Our attorneys recently successfully resolved a matter at the Armed Services Board of Contract Appeals (ASBCA) involving a multimillion- dollar termination for convenience claim.  One of our attorneys also recently resolved, with no adverse findings to the client, a DOL Wage & Hour Service Contract Act compliance audit involving thousands of employees with the potential risk of millions of dollars of back wages. We also have substantial experience with debarment and suspension proceedings, including representing a very large Philadelphia-based company in proceedings with the General Services Administration, as well as experience handling high-stakes investigations alleging violations of federal procurement statutes including the False Claims Act.

Our team also helps clients cut through the tangle of red tape that can make the government contracting process seem unnavigable, from the initial decision to pursue a contract, to crafting the proposal, to bid protests and beyond. With respect to new procurements, our Government Contracts attorneys work alongside Cozen O’Connor Public Strategies professionals to help clients identify opportunities at every level of government. We know which members have discretionary funds to allocate, what legislative or executive decisions will ultimately lead to new funding, and when programs are likely to be renewed. Our strength lies in understanding the procurement process, pulling all the pieces together, and developing short- and long-term strategies that benefit our clients every step of the way.

 

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Experience

Publications

Back Again: U.S. Department of Labor Issues Final Rule on Nondisplacement of Qualified Workers [Alert]

February 21, 2024

The U.S. Department of Labor’s Nondisplacement of Qualified Workers Under Service Contracts Rule is back in effect and will apply to all new SCA-covered solicitations and contracts issued after February 12, 2024.

Trade in Your Hard Hat for a Safety Helmet [Alert]

January 05, 2024

Larry Prosen and Brian Doll discuss a new OSHA trade release announcing its employees will now wear safety helmets instead of hard hats while on inspection sites.

IRS Proposes Helpful Rules for Energy Tax Credits [Alert]

November 27, 2023

Chris McLoon and Wendy Venoit discuss the Internal Revenue Service’s proposed regulations concerning energy tax credits.

Federal Contractor Hourly Minimum Wage Increased to $17.20 Starting January 1, 2024 [Alert]

October 11, 2023

Stephen Seeger and Josephine Bahn outline changes to the minimum wage for federal contractor employees taking effect on January 1, 2024.

Government Shutdown Imminent: Are You Ready?

September 29, 2023

Larry Prosen discusses the critical steps needed to preserve and protect your rights before, during, and after a Government shutdown.

Court Ruling Leads to Major Change in SBA 8(a) Social Disadvantage Determination Policy [Alert]

September 01, 2023

Larry Prosen and Brian Doll discuss the changes that have come to the SBA 8(a) Business Development Program following a Federal ruling out of Tennessee.

Build America, Buy America Final Guidance Issued [Alert]

August 28, 2023

Lawrence M. Prosen and Adam R. Poliner discuss OMB's final guidance to promote American made materials in federally funded projects.

Changes Coming for Government Construction Contractors as DOL Revises Davis-Bacon Act Regulations [Alert]

August 15, 2023

Government contractors performing federal construction work should prepare for prevailing wage rates to increase as a result of the revised regulations.

Big Data, Big Recovery: The Emergence of Data Analytics in Health Care FCA Enforcement [Alert]

August 04, 2023

Data analytics has notably amplified the investigation of health care claims, but these new approaches have raised concerns within the legal system.

Supreme Court Confirms: Subjective Beliefs of Falsity are Fair Game in FCA Lawsuits [Alert]

August 04, 2023

The U.S. Supreme Court held in two consolidated landmark cases that a defendant’s subjective beliefs must be considered in determining whether they knowingly violated the False Claims Act. The ruling will have far-reaching and immediate ramifications in FCA litigation.

SCOTUS’ Busy Term in Government Contracts and Its Implications

August 03, 2023

Lawrence Prosen and Josephine Bahn contributed the article “SCOTUS’ Busy Term in Government Contracts and Its Implications” to the Legal Intelligencer’s Construction Law Supplement.

It’s (Not) About Time - Government May Move to Dismiss FCA Suit at Any Point During its Pendency [Alert]

June 20, 2023

The Supreme Court confirmed that the Government may intervene and move to dismiss a False Claims Act lawsuit at any time during the life of the case.

Unanimous Supreme Court Holds (Reaffirms) False Claims Act Responsibility Requires Offender’s Belief of Lie [Alert]

June 05, 2023

The Court has concluded that in order to bring and prove a FCA case, the government or relators must prove that the defendants knowingly committed (or intended to commit) fraud against the government.

Whose Standing Now? Federal Circuit Changes Jurisdiction Precedent for Bid Protests [Alert]

June 01, 2023

The Federal Circuit ruled that the Blue & Gold waiver rule is a non-jurisdictional claims-processing rule.

Congress Offers Limited Monetary Relief to Certain Defense Contractors Battling Inflation [Alert]

April 10, 2023

Congress granted the DoD new authority to modify existing fixed-price contracts to compensate defense contractors for increased costs arising from inflation.

Federal Contractors May Be Blindsided by the Reach of State Sales and/or Use Taxes [Alert]

April 03, 2023

Larry Prosen and Debra Friedman discuss the Washington State Court of Appeals decision in Alstom Power Inc. v. State of Washington Department of Revenue.

Landmark Supreme Court Case Could Reshape the FCA Scienter Requirement [Alert]

January 23, 2023

The U.S. Supreme Court will soon clarify the knowledge requirement for False Claims Act (FCA) cases, agreeing to hear two such cases.

Is Your EEO-1 Report At Risk of Disclosure?

August 31, 2022

The OFCCP informed all federal contractors that a FOIA request seeking contractor data from '16-'20 was submitted. Contractors must file objections by 9/19/22.

In or Out? House Pressures Federal Contractors to Exit Russian Market

April 14, 2022

The House's Federal Contracting for Peace and Security Act would prohibit federal contractors from continuing to do business in the Russian Federation.

In extremis — PPP Money Is Not “Free” So Applicants & Recipients Need to Beware

December 08, 2021

Larry Prosen discusses recent how the DOJ is auditing, investigating, and, where appropriate, prosecuting PPP recipients who broke the rules

TIMES THEY KEEP A CHANGIN’ — Upcoming Changes to DoD CMMC Program and Cybersecurity Requirements

November 11, 2021

Larry Prosen discusses DoD's Advanced Notice of Proposed Rulemaking updating its existing, relatively young, CMMC model certification to a CMMC 2.0 structure.

White House Task Force: Covered Employees of Federal Contractors Must Be Vaccinated by December 8 [Alert]

September 28, 2021

Robert Magovern and Matthew Howell discuss the guidance for federal contractors and subcontractors pursuant to President Biden’s Executive Order 14042.

What Federal Contractors Need to Know About the Biden Administration’s Vaccine Mandate

September 16, 2021

Matt Howell and Bob Magovern discuss what Biden's September 9, 2021, executive order means for federal contractors.

New Executive Order Requires Many Federal Contractors to Increase Minimum Wage for Workers by 2022 [Alert]

April 28, 2021

Bob Magovern and Matt Howell discuss Biden's executive order increasing the minimum wage for federal contactors.

In The News

Pay Equity Rule For Contractor Firms Could Nudge Others

February 21, 2024

Eric Leonard was quoted in a Law360 article discussing the Federal Acquisition Regulatory Council’s proposed rule to require federal contractors to disclose pay ranges in job ads.

Cozen O'Connor Hires Wiley Atty As Gov't Contracts Lead

February 05, 2024

Eric Leonard was featured in a Law360 article discussing his practice and transition to Cozen O’Connor.

Nationally Recognized Government Contracts Attorney Eric W. Leonard Strengthens Cozen O’Connor’s Government Contracts Practice

February 05, 2024

Leonard, who comes to Cozen O’Connor from Wiley Rein LLP, joins as a shareholder and will work out of the firm’s Washington, D.C., office.

4 Compliance Tips for New Davis-Bacon Rule

November 10, 2023

Lawrence Prosen was quoted in a Law360 article discussing responding to prevailing wage surveys.

Fed. Inflation Law Sows ‘Great Uncertainty’ 1 Year Later

August 16, 2023

Lawrence Prosen was quoted in a Law360 article discussing the confusion and outstanding questions about the interplay between the Davis Bacon Act and the Inflation Reduction Act.

DOL's New Wage Rule With Extra Liabilities May See Lawsuits

August 10, 2023

Lawrence Prosen was quoted in a Law360 article discussing the Davis-Bacon Act, a new U.S. Department of Labor Rulemaking that allows prevailing wages on federally funded construction projects.

42 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers & Rising Stars

May 24, 2023

Super Lawyers has selected 42 Cozen O'Connor attorneys to the 2023 Pennsylvania Super Lawyers and Rising Stars lists.

Larry Prosen Named to Law360's 2022 Construction Editorial Advisory Board

April 07, 2022

Larry Prosen, member of the firm's Construction Law Group, has been named to Law360’s 2022 Construction Editorial Advisory Board.

More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 19, 2021

Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.

Cozen O’Connor Builds Out Washington, D.C. Construction Practice With New Shareholder Lawrence M. Prosen and Two Associates

March 01, 2021

Prosen brings a distinguished resume that includes experience in all aspects of government contracts, from regulatory compliance to claims and bid protest litigation. Joining with Prosen are two associates Benjamin L. Williams and Caitlin E. Trevillyan.

Contacts

Jeff R. Vogel

Co-Chair, Government Contracts

jvogel@cozen.com

(202) 304-1453

Eric Leonard

Co-Chair, Government Contracts

eleonard@cozen.com

(202) 280-6536

People

Awards

Larry Prosen Named to Law360's 2022 Construction Editorial Advisory Board

April 07, 2022

Larry Prosen, member of the firm's Construction Law Group, has been named to Law360’s 2022 Construction Editorial Advisory Board.

More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 19, 2021

Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.

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