Government Contracts

We know government contracting – and the challenges that come with it.

From opportunity pursuit to contract closeout, government contractors face complex legal, regulatory, and business challenges that demand strategic counsel and decisive action.

Meet our professionals

Overview

Helping clients navigate the public procurement marketplace with precision, speed, and practical business judgment

Government contracting is one of the most highly regulated and strategically important sectors of the global economy. Federal, state, local, and international governments collectively spend hundreds of billions of dollars each year on infrastructure, technology defense, health care, construction, professional services, and mission-critical operations. Companies competing in that market face increasingly complex rules and regulations, heightened enforcement activity, evolving cybersecurity mandates, supply chain restrictions, and growing regulatory scrutiny.

Full procurement life cycle support. We represent government contractors, subcontractors, investors, and emerging companies across the full life cycle – from opportunity pursuit and contract formation through contract performance, as well as any investigations, disputes, and litigation that may arise. Our clients range from large defense and technology companies, construction firms, architecture and engineering firms, key trade contractors, and small businesses operating in highly regulated industries.

Proven government contracts experience. Our team regularly appears before the U.S. Government Accountability Office (GAO), the U.S. Court of Federal Claims, the Boards of Contract Appeals, federal district and appellate courts, and administrative agencies throughout the federal procurement system.

Industry-focused perspective. Our team represents clients across a broad range of industries, including:

Federal construction
Architectural and engineering services
Defense and national security
Information technology and cybersecurity
Aerospace and space systems
Energy and environmental services
Transportation and logistics
Facilities management and base operations support
Professional and technical services

Cross-disciplinary strength. Our Government Contracts team works seamlessly with attorneys across the Spencer Fane national platform – including M&A, cybersecurity, white-collar defense, labor and employment, international trade, intellectual property, and construction to deliver integrated solutions for complex business and regulatory challenges.

That collaborative, business-oriented approach reflects the broader Spencer Fane model: sophisticated national counsel delivered through lean teams, direct partner engagement, and highly responsive client service.

Areas of Focus

Government contract disputes can threaten far more than a single project. They can disrupt agency relationships, impair cash flow, damage past performance ratings, and jeopardize future award opportunities.

Our Government Contracts attorneys help contractors identify, preserve, and prosecute claims arising from contract performance, including requests for equitable adjustment, Contract Disputes Act claims, and related federal court actions. Our team litigates complex disputes involving:

Constructive and directed changes
Delay and disruption claims
Defective specifications
Cost allowability and CAS disputes
TINA defective pricing allegations
Default and convenience terminations
Breach of contract and bad-faith government conduct

We regularly represent contractors before the Boards of Contract Appeals and the U.S. Court of Federal Claims in disputes involving significant operational and financial exposure, including matters with enterprise-level business risk.

We also handle disputes between private parties arising from government projects, including:

Teaming agreement disputes
Prime-subcontractor conflicts
Pass-through claims
Miller Act claims
Payment disputes
Joint venture and performance disputes

When appropriate, we pursue efficient resolution through mediation, arbitration, and other forms of alternative dispute resolution.

Our Government Contracts team advises contractors throughout the procurement process – from capture strategy and proposal preparation through contract negotiation, performance, and close-out.

We cover the full spectrum of federal procurement regulations, including:

FAR and DFARS compliance
Cost accounting and cost allowability
Domestic preference sourcing and supply chain restrictions
Organizational conflicts of interest
False Claims Act (FCA) mandatory disclosure obligations
Contractor Codes of Business Ethics and Conduct
Small business subcontracting requirements
Intellectual property and data rights
Government cybersecurity mandates

We help clients build practical, scalable compliance programs designed to withstand regulatory scrutiny while still emphasizing business growth and operational efficiency.

Our team also guides contractors through internal investigations, disclosures, and responses to agency oversight inquiries involving the Defense Contract Audit Agency and Defense Contract Management Agency, inspectors general, and suspension and debarment officials.

Bid protests move quickly and carry substantial business consequences. Contractors need counsel capable of making immediate strategic decisions under compressed timelines.

The Spencer Fane Government Contracts team represents protesters and intervenors in:

Agency-level protests
Task Order ombudsman protests
U.S. Small Business Administration’s Office of Hearing and Appeals
GAO protests
U.S. Court of Federal Claims litigation
Federal Circuit appeals

We advise clients on protest strategies before a filing occurs, including debriefing analysis, corrective action considerations, automatic stay implications under CICA, and forum selection between GAO and the Court of Federal Claims.

Our team also includes attorneys with substantial federal procurement litigation experience and deep familiarity with evolving protest jurisprudence and agency evaluation methodologies.

Government investigations can escalate rapidly and create significant legal, operational, and reputational exposure.

Our Government Contracts attorneys represent contractors in:

FCA investigations and litigation
Retaliation and contractor employer whistleblower rights
Qui tam relator matters
Procurement fraud investigations
Inspector General inquiries
Suspension and debarment proceedings
Mandatory disclosures
Congressional and agency investigations
Civil and criminal enforcement actions

Our approach is practical and business focused. We work to contain risk early, preserve critical agency relationships, and position clients for long-term operational stability.

We also advise contractors performing in overseas and contingency environments on compliance obligations involving:

Combating Trafficking in Persons
Supply chain oversight
Foreign labor compliance
OCONUS risk management
Anti-corruption obligations
MEJA exposure
High-risk subcontractor monitoring

These matters require more than technical compliance knowledge. They demand real-world understanding of how enforcement decisions are made and how government agencies respond under operational pressure.

Federal socioeconomic programs create substantial growth opportunities – but also carry strict eligibility and compliance requirements.

Our Government Contracts attorneys advise clients on:

SBA size protests and appeals
NAICS code disputes
SBA Mentor Protégé Program
Joint venture compliance
8(a), service-disabled veteran-owned small business, HUBZone, and women-owned small business eligibility
Teaming and subcontracting arrangements
Small business subcontracting plans
ISR and SSR reporting compliance

We also counsel contractors and investors on how mergers, acquisitions, recapitalizations, and affiliation issues affect size and socioeconomic eligibility.

Government contracting increasingly operates across borders and under overlapping regulatory frameworks. We advise U.S. and international contractors on:

Export controls under International Traffic in Arms Regulations and Export Administration Regulations
Foreign Military Sales
Offset arrangements
Trade Agreements Act compliance
Buy American Act requirements
Anti-corruption compliance
Cross-border procurement disputes
International defense trade matters

Our team helps clients navigate the intersection of federal procurement, national security regulation, and international business operations.

Successful government contracting often depends on building the right relationships before a solicitation is issued.

Our Government Contracts attorneys negotiate and structure: