Information Technology, IP and Research in the Government World

One of the fastest-growing sectors in government contracting is information technology, whether in services, hardware, or software. At the federal level, when the government acquires technology from the private sector—although Congress has announced policies encouraging private ownership of publicly assisted technology—the rules and regulations surrounding the ownership, licensing, and maintenance of security of technology shared with the government are legion and complicated. Our Government Contracts Group works with in-house IT staff, counsel, and IP practitioners to ensure that rules are followed and technology is protected, whether the issue arises from the GSA Schedule or NASA SEWP contracts, or if our client is involved in more sophisticated government research and development contracting. Examples of our matters involving IT, IP, and contracts or grants include:

Represented a major telecommunications company in connection with a $110 million project to install advanced cellular telephone equipment in the 86 stations and 106 miles of tunnels of the D.C. Metro subway system.
Represented a major telecommunications company in a Department of Labor investigation into possible Davis–Bacon prevailing-wage violations arising out of a project funded by the American Recovery and Reinvestment Act (ARRA).
Represented a major defense contractor in subpoenas for documents arising out of IT services and products subcontracts.
Represented four defendants in a qui tam (False Claims Act) lawsuit alleging illegal sales of products to the federal government that do not comply with certain domestic-source restrictions applicable to such sales. Obtained dismissal before filing an answer by arguing that the court lacked jurisdiction under the so-called public disclosure and first-to-file bars, among other things. The relator subsequently waived his right to appeal in exchange for a waiver of costs.
Representing an IT reseller in an unsealed qui tam FCA case arising out of E-Rate work.
Assisted a manufacturer of ergonomic computer products in reviewing its manufacturing process to address compliance with federal procurement domestic-sourcing requirements.
Serving as outside general counsel for all government-contract issues for one of the largest IT resellers in the U.S., including litigation, disputes with vendors and suppliers, internal investigations, and compliance-related advice.
Handled the response to a subpoena from the Antitrust Division of the Department of Justice (DOJ) relating to the client’s E-Rate contracts and convinced the government not to bring any civil or criminal charges against the client.
Protested the award of a contract by the Georgia Department of Administrative Services (DOAS) for back-office services after our client, the incumbent for more than 10 years, lost the competition for the follow-on work. Our client retained the contract.

Serving as national counsel for government contracts to one of the largest cable and telecommunications services providers. In that role, we advise on investigations, audits, claims, and compliance issues, including on General Services Administration Schedule 70 and local service area (LSA) contracts, ARRA-funded, BTOP-funded, and E-Rate funded state and local contracts, and other aspects of government contracting.
Served as counsel to a Nasdaq company in the first reported investigation by the U.S. Small Business Administration (SBA), General Services Administration (GSA), and Department of Justice (DOJ) into a contractor’s alleged violation of the False Claims Act based on a purported false certification of business size.
Prosecuted a bid protest on behalf of two clients that jointly operated Georgia’s Clean Air Force Program before the Georgia DOAS, resulting in the extension of their contract during the resolicitation of proposals for the work they performed.
Obtained a temporary restraining order against a Georgia state agency from disclosing our incumbent contractor client’s proprietary information in its proposal for the follow-on award.
Defended a size protest against a medical transcription company selling transcription services under the GSA’s Multiple Award Schedule program.
Advised an international manufacturer of optical devices and assisted during contract negotiations for the provision of R&D services to the Department of Energy’s Advanced Research Projects Agency (ARPA-E).
Negotiated with the GSA on the terms of a solicitation to ensure protection of the incumbent contractor client’s proprietary software, data rights, and trade secrets. Later, for the same client, we negotiated a license of the proprietary technology to the GSA.
Protested to the GAO and SBA the award of a contract by the Department of Veterans Affairs to a company that wrongly claimed it was a small business entitled to a set-aside contract due to affiliations, which resulted in the award of the contract to our client.
Advised multiple clients during the negotiation of Cooperative Research and Development Agreements (CRADAs), a unique form of government research partnership where there is no transfer of funds.
Represented the losing bidder in a protest of an award by the Georgia Department of Education for information technology services.
Prosecuted a suit for injunctive relief against a state agency from disclosing our client’s proprietary information contained in its proposal.
Prosecuted a claim against the Georgia Department of Human Resources regarding the provision of information technology software and services and negotiated a substantial financial settlement.
Resolved a highly publicized defective-pricing investigation by the GSA and DOJ into our manufacturing client’s compliance with pricing obligations arising under the GSA Schedule program.
Represented a major banking support services company in its negotiations with prime integrators for special technology services offered to the Department of Treasury.
Advised a major public loan servicing and analysis contractor on the requirements of contracting with the FDIC to assist that agency in executing its TARP obligations.
Represented a major information technology company in an investigation of fraud against the client by a former employee related to the performance of government contracts.
Representing a provider of online medical information and support services in the negotiation, execution, and performance of a contract with the Department of Defense.