Regulatory Compliance Counseling
Government contracting requires adherence to strict regulations and compliance standards. I help contractors by providing guidance on federal regulations like the Federal Acquisition Regulation (FAR), agency FAR supplements (e.g., DFARS), and Small Business Administration (SBA) regulations. I also provide counsel regarding contract clauses and flow-downs, disclosures, and ethical considerations, ensuring regulatory compliance and averting costly penalties and sanctions.
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Small Business Contracting
With significant experience representing small business concerns participating in small business programs, such as 8(a), HUBZone, VOSB/SDVOSB, and WOSB/EDWOSB, I provide counsel to decision-makers through the unique challenges faced by small businesses and help strategize to ensure eligibility and compliance.
Expanding capabilities and accessing set-aside contracts through teaming or joint ventures can significantly enhance federal contracting opportunities. I advise on teaming arrangements, joint ventures, and mentor-protégé relationships, ensuring agreements are tailored to client needs and compliant with relevant regulations.
I am experienced in asserting and defending size and status protests before SBA Area Offices and the SBA Office of Hearings and Appeals.
Pannier Law clients receive personalized guidance to maximize federal contracting opportunities while minimizing risks linked to eligibility issues and protests.
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Bid and Proposal Support
In government contracting, the bid and proposal process is competitive and highly regulated. I help clients by reviewing solicitation documents, assisting with responses to questions, and providing strategic advice during proposal preparation to achieve compliance and increase the probability of a successful award.
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Bid Protests
I represent clients in both pre-award and post-award bid protests before federal agencies, the Government Accountability Office (GAO), and state and local governmental entities. My role involves assisting contractors in assessing legitimate protest grounds, drafting the protest, and litigating the protest to resolution.
In cases where a client's contract award is protested by a competitor, I help defend the protest on behalf of the awardee to protect the award.
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Contract Negotiations
Specialized contracting expertise is essential for negotiating contract terms with the government, or the terms and conditions of subcontracts or purchase orders issued under a government contract. My extensive experience enables me to identify critical issues and negotiate terms that enhance contract performance and profitability. By negotiating more favorable provisions and avoiding potential pitfalls, I help ensure smoother contract execution and avoid costly disputes.
Protecting Intellectual Property and Proprietary Information
Government contracts often involve sensitive information and intellectual property. I help protect these assets through appropriate contract clauses, data rights assertions, license rights negotiations, and compliance with regulatory authorities.
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Disputes, Requests for Equitable Adjustment, and Claims
When contract changes occur, such as alterations in scope or unforeseen conditions, I prepare and negotiate Requests for Equitable Adjustment (REAs) or claims so contractors receive appropriate compensation for additional costs or delays. Addressing issues through a compelling REA demonstrates a good faith effort to resolve matters amicably between the contractor and the government. Being prepared to pursue a formal claim reflects a commitment to protecting the contractor's rights under the contract.
I have extensive experience resolving numerous REAs and claims, as well as successfully handling appeals before various boards and offices of hearings and appeals.
1. Preparing, analyzing, and asserting (or defending) a REA or claim, including for:
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- Contract interpretation
- Defective specifications
- Scope changes (extra work or deletion of scope)
- Changes (including constructive and cardinal changes)
- Acceleration
- Delay
- Differing site conditions
- Variations in estimated quantities
- Over-zealous inspections
- Suspension of work
- Termination (for convenience or default)
- Liquidated damages
2. Responding to Cure Notices and Show Cause Notices
3. Resolving quality of work disputes
4. Advancing passthrough/sponsored claims
I help clients navigate the complexities of REAs and claims, ensuring their interests are protected and disputes are resolved efficiently.
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Contract Advisory Services
As a government contracts attorney who has represented both government and industry, I am experienced with interpreting complex contract provisions and ensuring performance aligns with contract requirements, helping contractors efficiently and effectively meet their obligations. I offer strategic advice on managing and administering government contracts from initial award through closeout, addressing issues such as contract modifications, Requests for Equitable Adjustment (REAs), claims, terminations, and other disputes.
I represent contractors, subcontractors, and suppliers, providing regular assistance regarding contractual matters, performance, and responses to government communications. I provide day-to-day legal counseling and support, including:
- Contract administration counseling
- Advising on contract modifications and change orders
- Addressing performance issues and compliance matters
- Responding to Cure Notices and Show Cause Letters
- Analyzing regulatory issues (e.g., FAR and DFARS)
- Responding to negative CPARs
- Resolving reimbursable cost issues and disallowance disputes
I have extensive experience with all contract types, including Fixed-Price (FFP), Cost-Plus-Fixed-Fee (CPFF), and others. My goal is to ensure smoother contract execution, avoid costly disputes, and protect proprietary information through appropriate contract clauses and regulatory compliance.
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Ethics and Compliance Support
I help companies implement and execute effective risk management strategies, significantly enhancing operational stability and prospects for success. By identifying, assessing, and evaluating such things as contractual or regulatory obligations, post-government employment, organizational conflicts of interest (OCI), and personal conflicts of interest (PCI), companies can effectively address issues before they become problems.
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Effective Dispute Resolution
Disputes in government contracting can lead to significant financial and operational disruptions. Drawing on my expertise as an attorney who has supported both government and industry, I effectively handle disputes. Whether they involve contract performance issues, requests for equitable adjustment (REAs), claims under the Contract Disputes Act, or bid protests, I am experienced in advocating for government contractors, safeguarding their interests, and achieving favorable resolutions through negotiation, mediation, and litigation.
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Investigations and Audits
Government contractors frequently need to conduct internal investigations and undergo audits by various agencies (e.g., DCAA). I assist with internal investigations, prepare clients for external reviews, and help clients effectively respond to allegations or findings.
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Government Contracts Specialty Support in Mergers and Acquisitions (M&A) Due Diligence
As an experienced government contracts attorney, I provide specialized support during the mergers and acquisitions (M&A) due diligence process to promote a seamless transition and mitigate risks associated with government contracts. My expertise helps clients navigate the complexities of government contracting, ensuring compliance and protecting their interests throughout the transaction.
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Government Contracts Specialty Support for FOIA, Reverse FOIA, and CPRA Requests
As an experienced government contracts attorney, I provide legal support in handling Freedom of Information Act (FOIA) requests, Reverse FOIA actions, and California Public Records Act (CPRA) requests. My expertise helps clients navigate these complex processes, protect sensitive information, and ensure compliance with relevant regulations.
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Government Contracts Specialty Support for Training
By delivering valuable government contracts training, I help clients implement best practices, empowering companies to manage contracts more effectively. This proactive approach yields immediate improvements and builds internal capabilities for sustained growth and future success.
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State and Local Government Contracts
Government contracts at the state and local levels, especially with California governmental entities, present unique challenges and opportunities. As an experienced government contracts attorney, I provide valuable assistance to contractors involved in state and local procurement.
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