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Who We Are
Rogers Joseph O'Donnell is highly respected as one of the leading
government contracts law firms in the country.
Formed by two of the firm's founding partners,
Allan Joseph and Neil O'Donnell, the Rogers Joseph O'Donnell Government
Contracts Practice Group has been an integral
part of our practice since the firm was established
in 1981. With more than 80 years' combined experience
in the practice area, our Government Contracts
partners hold leadership positions in national
and State government contracts bar and industry
associations.
What We Do
Our Government Contracts lawyers help
solve the many different problems that confront
companies doing business with federal, state and
local public agencies, by counseling our clients
and providing advocacy in litigation and other
forums. Our work covers the full scope of the
procurement and contract performance cycles, including:
- Disputes between Contractors and the Government
- Disputes between Prime Contractors and Subcontractors
- Teaming and Joint Venture Agreements for
Public Contracts
- Compliance With Solicitation and Procurement
Requirements
- Drafting and Negotiating Prime Contracts
and Subcontracts
- Claims, Constructive Changes and Other Performance
Disputes
- Due Diligence in Acquisitions and Mergers
- Terminations for Default and Convenience
- Suspension and Debarment
Our Government Contract lawyers assist clients
in all substantive areas of Federal and State
procurement law, including:
- Bid Protests At the Federal, State and Local
Level
- Fraud, Qui Tam, Voluntary Disclosures and
Defective Pricing Matters
- Procurement Integrity, "Revolving Door"
and Ethics Matters
- Rights in Data, Intellectual Property and
Software Licensing
- Electronic Contracts and E-Procurements
by Public Agencies
- Import-Export Compliance and "Buy-American"
Requirements
- Compliance with Cost Accounting Standards
- Multiple Award Schedule (MAS) Contracts
Our attorneys are regularly relied upon to provide
advice and counseling to our clients and often
conduct internal investigations for them in these
areas. We practice in federal and state courts,
before the Boards of Contract Appeals and in the
United States Court of Federal Claims and U.S.
Court of Appeals for the Federal Circuit on the
wide variety of disputes which arise between contractors
and public entities and between contractors and
their subcontractors. In addition to handling
litigation and appeals, Rogers Joseph O'Donnell attorneys are very
experienced in arbitrations, mediations and other
forms of alternative dispute resolution (ADR).
Because of our wide-ranging experience in handling
difficult government contract disputes, our Government
Contract lawyers are also routinely retained to
handle complex commercial contract litigation
matters and arbitrations. These cases have included
multi-million dollar disputes over contracts for
computer software and hardware, satellite launch
services, digital camera systems, and commercial
and cruise ship conversions.
Who We Represent
We work with large and small companies
in the myriad industries that provide products
and services to public agencies. Our representative
government contract clients include Accenture,
Bechtel, Delta Dental, DynCorp, Educational Testing
Service, FMC Technologies, Hewlett Packard, Intercon
Security Systems, IT Design USA, Lockheed Martin,
Motorola, Northrop Grumman, Seagate Software,
Southwest Marine, Teledyne Technologies, United
Defense, URS, and WorldGroup Consulting.
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.
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
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:
- American Institutes for Research v.
California Department of Education, Educational
Testing Service, Intended Awardee; successful
defense of bid protest at California Office
of Administrative Hearings against award of
contract for California high school exit exam.
- Am-Pro Protective Agency, Inc., MVM,
Inc., B-271385.4 et. al., 96-2 Comp.
Gen. 192; represented awardee in successfully
defending against protest based on allegations
of improper proposal evaluation, unbalanced
bidding and unreasonable price analysis.
- Anacomp, Inc., B-242029, 91-1
Comp. Gen. 291; represented GSA Federal Supply
Schedule ("FSS") contractor in successful
challenge to award of microfiche reader/printer
to non-FSS contractor.
- FMS Corp., B-255301, 94-1 Comp.
Gen. 141; successful defense of award to FMC
Corp. of $69 million contract for supply of
armored personnel carriers to U.S. Army.
- IBM v. California Statewide Automated
Welfare System Consortium-IV; successful
defense of bid protest against $450 million
"best value" contract award to Andersen
Consulting.
- Inter-Con Security Systems, Inc.,
ASBCA Nos. 46251, 95-1 BCA 27,424; represented
contractor in dispute over applicability of
DOL wage determination to Air Force contract
for security guard services.
- Language Line Services v. State of
California; successful bid protest in
California Superior Court on contract for
translation services for California emergency
response telephone network.
- Lockheed v. Garrett, et al., United
States District Court, Central District of
California; enjoined Navy from withholding
$124 million in unliquidated progress payments.
- Lockheed Corp. v. Widnall, 113
F.3d 1255 (Fed. Cir. 1997); successfully brought
test case to determine the allowability of
interest paid by contractor to State of California
on supplemental tax assessment.
- Motorola, Inc., ASBCA No. 39782,
93-3 BCA 26,081; represented contractor in
successful challenge to Army's improper exercise
of contract option under contract for multi-mission
transceiver radios.
- New S.D., Inc. v. Rockwell Int'l. Corp.,
79 F.3d 953 (9th Cir. 1995); federal law applies
to subcontract dispute where prime contract
involves national security.
- Peter Kiewit Sons' Co., IBCA Nos.,
3535-95 et al., 2000 BCA 31,044 and 99-2 BCA
30,401; represented general contractor and
its pipe supplier in defending against multi-million
dollar latent defect claim brought by Department
of Interior Bureau of Reclamation relating
to Central Arizona Project.
- San Francisco Unified School District
v. Strategic Organizational Systems, Inc.,
Contra Costa Superior Court; disputed claims
on high school asbestos abatement contract.
- San Joaquin Helicopters v. State of
California; DynCorp. Technical Services, Real
Party in Interest, 110 Cal. App. 4th
1549 (2003); successful defense in California
Superior Court of protest to award of contract
for operation and maintenance of California's
firefighting airplanes.
- Southwest Marine v. Royal Caribbean
Cruise Lines, Society of Maritime Arbitrators
Arbitration; determination that shipyard
was justified in stopping work due to lack
of direction from owner.
- Todd Shipyards v. Cunard Lines,
943 F.2d 1056 (9th Cir. 1991); award of compensatory
and punitive damages and attorneys' fees in
cruise ship arbitration.
- United States ex rel. Hansen v. Cargill,
Inc., 107 F. Supp. 2d 1172 (N.D. Cal.
2000); motion to dismiss false claims action
granted based on public disclosure jurisdictional
bar.
References available upon request.
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