Gentry Locke’s Government Contracts lawyers previously worked for federal government agencies, United States Attorneys’ offices, and large contractors, and regularly practice before the Court of Federal Claims, Government Accountability Office (GAO), and Small Business Administration’s (SBA) Office of Hearings and Appeals, in addition to handling responses to inquiries and investigations by government oversight agencies. Our team counsels clients on the full range of legal matters related to all stages of federal procurement and throughout the entire business lifecycle of our government contractor clients.  We handle a wide range of matters including bid protests, size protests, compliance and ethics, contracting, litigation, investigations, cybersecurity, False Claims Act/qui tam actions, mergers and acquisitions of government contractors, corporate formation and governance, and forming strategic teaming relationships.  Our attorneys navigate these matters and disputes in government contracts with seasoned counsel for defense, information technology (IT), and service companies, ensuring business growth, compliance, and strategic dispute resolution.

Bid Protests

Our bid protest lawyers represent clients in pre-award and post-award bid protests at the federal, state, and local levels around the country. We also work with government contractors during contract negotiations, advising on the ways they can achieve contract compliance and limit the risk of disputes. Securing a federal contract can be pivotal for your business. When disputes arise over contract awards, having experienced legal counsel is essential in order to navigate the complex procedural and substantive legal issues that arise in protests. Our bid protest attorneys have experience representing contractors in both pre-award and post-award protests before the Government Accountability Office (GAO), the U.S. Court of Federal Claims, federal agencies, federal and Virginia courts.

We provide comprehensive legal services, including:

• Filing Bid Protests: Challenging unfair evaluations, solicitation terms, or improper exclusions.
• Defending Contract Awards: Protecting your contract against third-party protests.
• Strategic Guidance: Assessing the legal merits of protests and advising on business objectives.
• Representation Across Jurisdictions: Handling protests at federal, state, and local levels.

Our attorneys bring deep expertise in all areas of procurement law, ensuring your case is handled both with legal precision and strategic business considerations in mind. Whether you are a small business contractor or a defense industry leader, we fight aggressively for your success in bid protest litigation.

Government Contractor Compliance and Ethics

In the competitive world of government contracts, proactive compliance measures are essential to avoid costly mistakes and maximize success.  At Gentry Locke, our attorneys help government contractors navigate the complexities of federal and state procurement by identifying critical compliance issues before they escalate into crises or government enforcement actions. Whether working with in-house counsel, chief administrative officers, marketing teams, or human resources departments, our attorneys specialize in designing systems and programs that align with Federal Acquisition Regulation (FAR) and state contracting requirements and other regulatory standards.  By investing in robust compliance strategies, such as tailored ethics policies, risk assessments, internal audits, and ethics training, our compliance lawyers help clients to minimize risks, prevent violations, and protect revenue streams.   Our compliance attorneys help clients address fraud risks, defense contractor disputes, and anti-kickback protections to ensure proper subcontractor management. Our team also helps businesses ensure compliance with government contracts and small business regulations and eligibility determinations for various small business programs for state and federal government contractors, such as the Small Business Administration’s (SBA) All Small Mentor Protégé Program (ASMPP), the 8(a) Business Development Program, Service-Disabled Veteran-Owned Small Business (SDVOSB), HUBZone, and the Women-Owned and Economically Disadvantaged Women-Owned Small business (WOSB and EDWOSB), and Small Business Innovation Research (SBIR) / Small Business Technology Transfer (STTR) programs; as well as the Virginia Small, Women, and Minority Owned Business Program (SWaM) and Disadvantaged Business Enterprise (DBE) program.

Government Contract Advice and Negotiation

Gentry Locke’s Government Contracts lawyers counsel clients daily on navigating the complex web of federal, state, and local government contracting laws, regulations, and contract clauses.

Areas of Focus:

• Avoiding, mitigating, and eliminating conflicts of interest.
• Human-resources-related requirements applicable to government contractors, such as the Service Contract Act, Davis–Bacon Act, minimum wage and sick leave requirements, and obligations relating to equal opportunity and affirmative action.
• Compliance with information security, cybersecurity, and data privacy requirements, including the Department of Defense regulations relating to safeguarding covered defense information and compliance with the security requirements specified by National Institute of Standards and Technology (NIST) SP 800-171, as well as the latest FAR regulations for safeguarding federal contractor systems.
• Protecting client’s intellectual property rights while navigating the government’s complex requirements and data and software licensing rights issues.
• Supply chain management and the risks associated with utilizing subcontractors and suppliers.
• Negotiating teaming agreements, joint venture agreements, and subcontract agreements.
• Engaging third-party consultants and other agents.
• Restrictions on recruiting and hiring government employees.
• Domestic sourcing requirements, such as the Buy American Act and Trade Agreements Act.
• Costs and auditing, including the Cost Accounting Standards.
• Compliance with various small business rules and regulations.
• International trade and tariff compliance requirements incumbent upon government contractors including various export control regulations such as the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR).
• The National Industrial Security Program, facility security officer, and personnel security clearance requirements for contractors handling classified materials.
• Cybersecurity Maturity Model Certification requirements, audits, and reporting obligations.
• Government reporting obligations, including those covered under revisions to hiring and employee training guidelines.
• Suspension and debarment procedures.

Government Contracts Litigation

No matter how much effort you might expend in negotiating a perfect contract or working with your government contracting partner in good faith, there will inevitably be disputes. Our Government Contracts teams includes litigators skilled at navigating the processes and laws at federal and state levels in a wide array of business litigation and defense to government enforcement actions. We litigate, when necessary, to protect our clients before administrative hearings officers, state agencies, state courts, and all the federal forums, including the U.S. Court of Federal Claims, Civilian and Armed Services Boards of Contract Appeals, the U.S. Court of Appeals for the Federal Circuit, and other federal district and appellate courts.

Regulatory and Government Contracts Compliance and Investigations

Gentry Locke’s investigations and compliance team can evaluate our clients’ business structures, and conduct internal investigations to get ahead of enforcement actions, to ensure prime contract and subcontract compliance, to ferret out fraud, waste, and abuse, and to make required disclosures. We have experience navigating all issues, from the day-to-day to the highly sensitive, including, but not limited to, business formation, succession planning, audits, investigations, and more. Our attorneys interface regularly with federal and state agencies and Attorneys General, federal and state Inspectors General, the U.S. Department of Labor (DOL), the U.S. Department of Justice (DOJ), and the Defense Contract Audit Agency (DCAA).  Our attorneys have experience representing contractors in suspension, debarment, civil and criminal proceedings.

Data Privacy and Cybersecurity

Gentry Locke’s Data Privacy and Cybersecurity team includes IAPP certified attorneys who provide a broad range of services to companies seeking help with privacy, data/information security, and cybersecurity issues. We help businesses implement privacy and information security policies and procedures and prepare and respond to cyber incidents.

Government contractors are particularly attractive targets to cybercriminals and foreign adversaries due to the sensitive information they control and the disruptive effect of an attack on this critical sector. As such, the government imposes heightened cybersecurity and incident-reporting obligations on government contractors. We ensure that our clients are in compliance with industry-specific laws and regulations including CMMC and the Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA). These compliance efforts are more important than ever in the wake of the DOJ’s civil-cyber initiative, which is a concerted and bi-partisan effort to investigate and hold accountable government contractors who fail to comply with these cybersecurity standards or misrepresent their compliance.

In addition to proactive security and compliance efforts, we guide clients through devastating cyberattacks and data breaches. Government contractors are subject to rapid reporting requirements and under CIRCIA must report cyber incidents to the federal government within 72 hours. We assist clients with their immediate response to the incident, conduct damage control, and engage cybersecurity vendors as part of our team to ensure a cohesive and comprehensive strategy for response. We also guide our clients through critical and legally required reporting obligations to avoid the government investigations and private lawsuits that have become the norm in the wake of a cyber incident.

Areas of Focus:

Proactive cybersecurity compliance:

• Drafting and advising on privacy policies and incident response plans
• Drafting and advising on contractual agreements affecting information sharing, security obligations, data transfers, and liability for cyber incidents
• Ensuring CMMC compliance
• Developing privacy and cybersecurity training for employees, vendors, etc.

Incident response:

• Conducting rapid incident response
• Advising on reporting obligations to government, prime and subcontractors, and private individuals
• Responding to government investigations and enforcement
• Defending private breach litigation

Mergers and Acquisitions and Forming Strategic Partnerships

Gentry Locke’s corporate and mergers and acquisitions attorneys bring years of experience to the table in representing clients, both large and small, over a variety of highly regulated industries including government contracting.  We can assist with the myriad unique and complex issues that may arise with government contractors across a wide array of matters including corporate formation and governance, adding new owners or investors, financing transactions, succession planning, strategic targeted acquisitions, and buying and selling government contracting businesses.  Gentry Locke’s corporate and employee benefits team also represent clients in Employee Stock Ownership Plan (ESOP) transactions a particularly attractive option for many government contractor business owners considering their exit and succession strategy.  Lastly, our team can expertly guide government contractors looking to form strategic teaming partnerships.  We have experience drafting and negotiating teaming agreements, joint ventures, and ASMPP mentor-protege agreements.