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Government Contracts

Who We Are
Rogers Joseph O'Donnell is highly respected as one of the leading government contracts law firms in the country. For several years the firm has been recognized by Chambers USA as being one of the top eight government contracts law firms in the nation and "far and away the best government contracts lawyers on the West Coast." Neil O'Donnell and Robert Metzger have been singled out as among the nation’s best government contracts lawyers. Our government contracts attorneys handle all aspects of government contracting at the federal, state and local levels throughout the country.

What We Do
Rogers Joseph O'Donnell’s practice encompasses the full scope of Federal, State and Local public contracts law. That includes:
  • Compliance with Solicitation and Procurement Requirements
  • Negotiation of Prime and Subcontracts, Teaming and JV Agreements
  • Bid Protests Federal, State and Local
  • Claims, Constructive Changes and other Performance Disputes
  • Disputes Between Prime and Subcontractors under Government Contracts
  • Terminations for Default and Convenience
  • Compliance Review, Internal Investigations, Mandatory Disclosure, FCA Defense
  • Public Infrastructure & Construction
  • Organizational Conflict of Interest, Procurement Integrity and Ethics Rules
  • Suspension and Debarment
  • Rights in Data, Intellectual Property and Software Licensing
  • Cost Issues, including CAS and Allowability
  • Cyber and Supply Chain Risk Assessment and Event Counseling
  • Federal Supply Schedule and Multiple Award Schedule Contracts
  • Service Contracting
  • Labor & Employment Counseling
  • State and Local Contracts
  • International Aerospace Transactions, Offsets and FCPA Compliance

Representative Clients
ACCO Engineered Systems, AT&T, Avaya, BAE Systems, Bombardier Transportation, Call Henry, CGI Federal, CGI Technologies & Solutions, Communications & Power Industries, Deloitte Consulting, Delta Dental of California, DRS Technologies, DynCorp International, Edwards Lifesciences, Electric Power Research Institute, Gigamon, Granite Construction, Health Net, Hewlett-Packard, Hexcel, Honeywell, Integrated Science Solutions, Inter-Con Security Systems, John Bean Technologies, Karem Aircraft, Kiewit Corporation, KLA Tencor, Language Line, 3M Corporation, McKesson, Microsoft, Northrop Grumman, Obayashi, Ortega National Parks, LLC, SAP America, Siemens Government Technologies, Soitec, SRA International, ThyssenKrupp Elevator, T.Y. Lin International, URS, Varian Medical Systems, Visionary Integration Professionals.

The Value We Add
Our clients gain the benefit of the many years' combined experience of our partners in practicing government contracts law. This means fewer start-up costs and faster results for our clients. While Rogers Joseph O'Donnell has the depth and resources to handle the largest cases, we also staff cases more leanly than most firms. Based on our active involvement in government contracts bar and industry associations, we often provide leadership and advice on cutting edge issues and initiatives facing companies in their government markets. Rogers Joseph O'Donnell’s government contract lawyers also regularly lecture and publish major developments in this rapidly changing area.

The firm has established favorable law in a number of areas, including the permissible scope of qui tam actions, choice of law in prime-subcontract disputes, terminations, and the scope of federal court review of agency actions. Rogers Joseph O'Donnell also has achieved settlements that have influenced government policy in specific areas of procurement law, such as environmental cost recovery under government contracts.

Rogers Joseph O'Donnell is able to draw from its pool of partners and associates experienced in government contracts law and provide consistent, long-term staffing to our clients. Complemented by our White Collar Criminal Defense, Construction, Employment, and Complex Commercial Practice Groups, Rogers Joseph O'Donnell's Government Contracts Practice Group has the expertise and resources to resolve any issue or dispute that may arise in the complex web of federal, state and local regulations that apply to public contracts.

Representative Cases and Issues

  • Representation of Northrop Grumman in its dispute with Boeing over the award by the U.S. Air Force of a $40 billion contract for aerial refueling tankers
  • Representation of S&S Trucking in a dispute with the City and County of San Francisco over the award of a wastewater treatment contract
  • Representation of Accenture LLP in its dispute over the performance of an IT services contract for the State of Colorado
  • Representation of Hewlett Packard in connection with its acquisition of Electronic Data Systems Corporation
  • Representation of Accenture LLP in successful defense of bid protest against $450 million “best value” contract award
  • Representation of Applied Technology before the Armed Services Board of Contract Appeals in a contract dispute between contractor and U.S. Air Force over cost accounting issue of first impression
  • Representation of Northrop Grumman Information Technology in connection with challenges to and investigation of State of California Software Enterprise License Agreement
  • Integrity Management International, Inc. v. Secretary of the Army, United States District Court, San Francisco; successfully overturned award of contract to client’s competitor
  • Lockheed v. Garrett, et al., United States District Court, Central District of California; enjoined Navy from withholding $124 million in unliquidated progress payments
  • Motorola, Inc., successful challenge to Amy’s improper exercise of contract option for transceiver radios
  • New S.D., Inc. v. Rockwell Int’l. Corp., U.S. Court of Appeals for the Ninth Circuit ; federal law applies to subcontract dispute where prime contract involves federal law
  • Representation of Inter-Con Security Systems, Inc. in successful GAO protests of guard contracts at U.S. Embassies in Ivory Coast and Guatemala
  • San Joaquin Helicopters v. State of California; DynCorp. Technical Services, Real Party in Interest; successful defense in California Superior Court and Court of Appeal of protest to award of contract for operation and maintenance of State firefighting airplanes
  • Titan Systems v. General Electric, United States District Court, Eastern District of Pennsylvania; disputed contract between prime and subcontractor on government contract
  • United States ex rel. Boisvert v. FMC Corporation, United States District Court, San Jose; amendment to False Claims Act held not retroactive
  • Representation of United Defense, L.P. in termination for convenience of Crusader program
  • Representation of HealthNet in successful defense of challenge to award of California Medicaid contract

References available upon request.

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Government Contracts Publications


Attorneys
Neil H. O'Donnell (chair)
Tyson Arbuthnot
Gayle M. Athanacio
Dennis J. Callahan
Walter S. Chen
Jeffery M. Chiow
Lucas T. Hanback
Suhani Kamdar
Lauren B. Kramer
Mark J. Linderman
Joseph C. McGowan
Patricia A. Meagher
Robert S. Metzger
Robert M. Osier
Katherine L. Pohl
Aaron P. Silberman
Virginia K. Young
Oliya S. Zamaray