We provide strategic counsel and practical advice to clients engaged in the bidding and fulfillment of construction projects under federal and other government contracts.
Construction companies, suppliers, service contractors and sureties turn to Fox for representation in disputes arising out of contracts with government agencies.
Our attorneys are highly adept in the procedures and legal principles applicable to government contracts under federal laws such as the Davis-Bacon Act and the Service Contract Act, and advise clients on such issues as:
- bid protests and mistakes
- changes and suspensions
- differing site conditions
- cost and pricing data
- Miller Act bonds
- ethics compliance
- dispute procedures
Every aspect of a federal government contractor’s operations — from business procurement to workforce hiring and management and beyond — is influenced by such complex rules and regulations as:
- Federal Acquisition Regulation (FAR)
- Defense Federal Acquisition Regulation Supplement (DFARS)
- Agency FAR Supplements
- Truth in Negotiations Act (TINA)
- DCAA’s Contract Audit Manual
- False Claims Act
- Fraud Enforcement Recovery Act (FERA)
Fox attorneys have experience securing equitable treatment and fairness under these regulatory and statutory regimes for construction industry clients. We know the complex web of rules and regulations, the procurement nuances and the key players, and we share that information with our clients to help them avoid risks and perform successfully.
Contract Dispute Act (CDA) Construction Claims Litigation
- National Nuclear Security Administration (NNSA) — Received exceptional Contractor Performance Assessment Reporting System (CPARS) performance evaluations for the provision of litigation support services to this semi-autonomous agency within the U.S. Department of Energy in its defense of numerous cases in the U.S. Court of Federal Claims. Services included conducting legal research, drafting legal memoranda, managing e-discovery, reviewing documents produced by the plaintiff and substantive litigation support.
- U.S. Embassy in Oslo, Norway — Claims preparation and potential litigation on behalf of a construction management company against the State Department in connection with construction of the U.S. Embassy in Oslo, Norway. Assisted client in appealing two denied claims in the amount of $224 million to the Court of Federal Claims.
- NASA Headquarters — Successful trial on behalf of a Real Estate Investment Trust (REIT) against the General Services Administration on the renovation of the NASA Headquarters at Two Independence Square in Washington, D.C., and recovery of millions of dollars in cost overruns caused by GSA- and NASA-directed changes.
- Oak Ridge National Laboratory — Representation of a large, national joint venture against the operations and maintenance contractor and the U.S. Department of Energy in a high-visibility, multimillion-dollar lost labor productivity claim on the Oak Ridge National Laboratory in Tennessee.
- Capitol Power Plant Cogeneration Facility — Representing a multibillion-dollar Engineer-Procure-Construction contractor based in Kansas City, Missouri in prosecuting over $10 million in claims before the GAO Contract Appeals Boards against the Architect of the Capitol through an energy contractor on the design and construction of the Capitol Power Plant Cogeneration Facility in Washington, D.C.
- Global Construction Company— Represented global construction company at the Armed Services Board of Contract Appeals regarding claims against the U.S. Army Corps of Engineers involving various issues such as defective specifications, differing site conditions, the imposition of sole source requirements and liquidated damages. Reached favorable settlement.
- U.S. Military Institution in Bahrain — Represented global construction firm in connection with a wrongful default termination by the U.S. Army Corps of Engineers. The termination took place on a U.S. military installation in Bahrain.
- Consolidated Intelligence Center — Representation of the leading process improvement solutions provider in Southeast Asia in a Court of Federal Claims litigation against the U.S. Army Corps of Engineers. The litigation involves the construction of a Consolidated Intelligence Center at Clay Kaserne, USAG, Wiesbaden, Germany.
- U.S. Embassy in Bishkek, Kyrgyzstan — Representation of a contractor preparing 21 requests for equitable adjustments in connection with a complex $200 million construction project for the new U.S. Embassy in Bishkek, Kyrgyzstan. The claim value currently stands at $54.9 million.
- Marine Corps Base Camp Pendleton — Prosecution of two certified claims on behalf of a joint venture against NAVFAC Southwest with respect to design-build contract performed at Marine Corps Base Camp Pendleton. The joint venture advanced two claims concerning the project that were ultimately appealed to the Armed Services Board of Contract Appeals.
- Navy Facilities Engineering Command (NAVFAC) — Prosecuted two seven-figure requests for equitable adjustment (REAs) with the Navy Facilities Engineering Command (NAVFAC) for Europe, Africa, Southwest Asia (EURAFSWA) on behalf of a major international design/build contractor. Representation included a sophisticated, closely detailed review of the merits of REAs on two highly technical engineering contracts and working closely with an understaffed NAVFAC counsel’s office in order to resolve our client’s REAs.
- General Services Administration (GSA) —Recovered all damages claimed by client against General Services Administration (GSA) for a changed condition to its contract, before the Civilian Board of Contract Appeals. The Board affirmed this recovery upon reconsideration.
- IRS Service Center — Successful award for a lost productivity claim against the General Services Administration on the IRS Service Center renovation project in Andover, Massachusetts.
Government Contract Investigations and False Claims
- Subcontractor Kickback and Money Laundering Scheme — Conducted an internal audit as part of a $265 million government contract and determined that a senior vice president stole $8 million through a subcontractor kickback and money laundering scheme. Following our mandatory disclosure, the government entity performed its own audit. As a result of the quality of our work, the agency limited the audit’s scope.
- Troublesome Activity by a Senior Executive — Audited emails and financial records based on our client’s concerns regarding troublesome activity by a senior executive. Concluded the executive was engaged in multiple federal and state crimes related to prostitution and had covered up his illicit activities by charging expenses to government contracts. Protected client from prosecution by presenting findings to federal prosecutor and agency officials, which they accepted, and secured restitution from (and removal of) the executive.
- Grand Jury Investigation of Suspected Kickbacks — In a DCAA audit, responded to grand jury investigation of suspected kickbacks by a client’s mid-level employee on a government project in the Middle East. Retained a forensic accounting firm to perform our own audit and interface with DCAA and the government agency’s team. In one week, we determined the kickback allegations were not accurate, but uncovered other illegal conduct by the employee in connection with tax evasion. Swift action, self-reporting, audit and multiple meetings with the auditors and investigators convinced the government that the company was not involved in any financial wrongdoing.
- Publicly Traded Logistics Company — Conducted an internal investigation on behalf of a publicly traded logistics company regarding travel and entertainment benefits provided to employees of the Egyptian Department of Defense. Provided a report to the audit committee and board, and no violations were found as a result.
- National Federal Construction Contractor — Defense of a national federal construction contractor against civil False Claims Act allegations asserted by the Department of Justice (DOJ) and a proposed suspension and debarment brought by the Environmental Protection Agency (EPA). Client entered a favorable administrative settlement agreement with DOJ, and the EPA dismissed the proposed suspension and debarment.
- Diversified North American Construction Company — Conducted internal investigation for a diversified North American construction company of a former employee who embezzled millions of dollars. The scheme involved creating fraudulent companies, issuing subcontracts and purchase orders on government contracts and directing other, legitimate subcontractors and suppliers to inflate their invoices. The company’s cooperation with prosecutors resulted in avoidance of False Claims Act charges. Assisted in executing settlements and securing restitution.
- Federal Contractor — Conducted internal investigation on behalf of a federal contractor concerning potential fraud by multiple subcontractors. Persuaded the government to decline pursuit of civil or criminal False Claims Act charges.
- Construction Services Company — Represented a construction services company in arbitration against a subcontractor that falsified documents. Made disclosures on the company’s behalf. Cooperation with the government resulted in avoiding False Claims Act charges and a beneficial settlement with the subcontractor, whose former president was sentenced to 27 months in prison and ordered to pay fines and restitution.
- General and Civil Construction Company — Conducted internal investigation for a general and civil construction company of a former executive who allegedly charged the federal government for unallowable entertainment expenses. We uncovered evidence of improper charges and billing practices, and made a voluntarily disclosure on the client’s behalf under FAR 52.203-13 to the Office of Inspector General. Client avoided False Claims Act liability after we made an in-person voluntary disclosure to the U.S. Attorneys for the Western District of Pennsylvania.
- Global Construction Company — Conducted an internal investigation for a global construction company in connection with allegations of kickbacks and False Claims Act violations. The claims were made before the Armed Services Board of Contract Appeals relating to a project by the U.S Army Corps of Engineers at the Al Udeid Air Base in Qatar. Two weeks before trial, the government disclosed that the client’s senior project manager was being investigated by the Defense Criminal Investigative Service and the client received a grand jury subpoena. Launched an internal investigation and worked cooperatively with DOJ to respond to the grand jury.
- Contracting and Design Firm — Represented a contracting and design firm in an internal investigation and defense of a multimillion-dollar qui tam lawsuit involving six federal construction projects for the Naval Engineering and Facilities Command and the U.S. Army Corps of Engineers.
- Joint Venture — Represented a joint venture in an internal investigation involving FCA violations by a qui tam relator. We interviewed employees, reviewed documents, met with agents of the attorney general and provided detailed internal investigation memorandum and recommendations for remedial measures.
- General Contractor — Represented a general contractor in a False Claims Act qui tam action related to a large-scale, multimillion-dollar construction project for the Department of Defense.
- Large, National General Construction Contractor — Represented a large, national general construction contractor in a civil False Claims Act qui tam action. The allegations involved Small Business Subcontracting Plan fraud in a contract with the U.S. Army Corps of Engineers for the multimillion-dollar construction of a Veterans Administration Hospital.
- U.S. Naval Facilities Engineer Command Pacific — Successful intervention in and defeat of a Government Accountability Office (GAO) bid protest challenging the presumptive awardee, Burns & McDonnell Engineering Co. Inc.’s award of a $20 million Indefinite Duration/Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) for Architect/Engineering services for the U.S. Naval Facilities Engineer Command Pacific (NAVFAC Pacific).
- Environmental Remediation Services — Prosecuted a GAO bid protest involving the agency’s source selection committee’s failure to follow the solicitation’s best value criteria on an Indefinite Duration/Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) for environmental remediation services, providing our client with the opportunity to compete for contracts in excess of $500 million.
- Land Remediation — Filed a bid protest with the GAO concerning a $350 million contract for land remediation. The agency issued voluntary corrective action shortly thereafter, resolving the protest grounds to our client’s benefit.
- Military Bases Throughout the Kingdom of Saudi Arabia — Filed a bid protest with the GAO concerning a MATOC valued at approximately $190 million for various construction activities on military bases throughout the Kingdom of Saudi Arabia. Agency took voluntary corrective action in response to the protest, resolving the grounds for protest to our client’s benefit.
- U.S. Embassy Annex in Moscow — Won a $156 million bid protest on behalf of a construction company related to the construction of a new U.S. Embassy Annex in Moscow.
- Security Contract for 167 Public Schools in Washington, D.C. — Won a bid protest for a security contract for 167 public schools in Washington, D.C., in a case argued before the Government of the District of Columbia Contract Board of Appeals. The Board ruled that the best and final offer evaluations were “clearly arbitrary and unreasonable.” The protest was sustained and the case remanded for de novo review.
- Architecture, Engineering, and Construction Company — Prosecuted a GAO bid protest on behalf of an architecture, engineering and construction company against NAVFAC Southeast over an award of IDIQ MATOC construction contracts.
- Lock and Dam Project in Pennsylvania — Won two bid protests at GAO for a contractor against the U.S. Army Corps of Engineers in connection with a lock and dam project in Pennsylvania. Client received the contractor award, and the GAO awarded our attorneys’ fees.
- International Defense Contractor — Defended an international defense contractor against a proposed suspension and debarment involving federal projects under the U.S. Department of Defense Counter-Narcoterrorism Technology Program Office. Government dropped its investigation and dismissed the proposed suspension and debarment.
- National Industry Association and European Producer of Manufacturing Equipment — Provided compliance training and OFAC manuals for a national industry association and a publicly traded European producer of manufacturing equipment.
- Medical Equipment Supplier — Defended a medical equipment supplier in an OFAC regulatory investigation.
- Software Company — Conducted an internal investigation for a software company over potential OFAC violations.
- Manufacturing Company — Negotiated the resolution of OFAC sanctions against a manufacturing company.
- OFAC and FCPA Analysis in an M&A transaction —Performed OFAC and FCPA analysis in an M&A transaction in connection with the due diligence of the target company. Our compliance suggestions were reflected in the final transaction documents.
- Industrial Machinery Manufacturer — Advised on OFAC compliance for an industrial machinery manufacturer in its various sales.
- U.S. and Foreign Companies — Advised U.S. and foreign companies on compliance with the Iran sanctions list.
- Exporter — Represented an exporter in an OFAC violation grand jury investigation.
- Mining Equipment Manufacturer —Advised a mining equipment manufacturer in an OFAC penalty proceeding.