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Construction Law

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Services & Industries >> Construction Law >> Government Contracting

Government Contracting

Contracting with federal, state or local governments presents a plethora of opportunities and challenges that require knowledgeable counsel and sound legal advice. Allen Matkins' Construction Law Group has extensive experience representing clients in the public works construction industry. Our lawyers have helped clients obtain and perform government contracts with an array of public entities. We work closely with our clients to develop winning strategies from the earliest stages (RFP/RFQ process) to project close-out -- including dispute resolution.

Contract Negotiation

In an economy that requires contractors to assume greater risks and the government to cut costs, thoughtful and strategic contract negotiations are critical to project success. We counsel clients in these negotiations and help craft appropriate payment, performance, indemnification, insurance, dispute resolution and other terms to address risk and minimize disputes. In addition to advising clients on the particular risks and rewards of government contracts, we also draft and help negotiate subcontracts and supplier agreements to protect our clients and ensure appropriate "pass-through" provisions.

Assist With Request For Qualifications (RFQ's) and Request for Proposals (RFP's)

As the government broadens its use of RFQ's and RFP's -- rather than the more traditional sealed bid procedures utilizing "Invitations for Bids" -- contractors must adapt to succeed in this changing arena. Our Construction Law Group helps clients navigate through the litany of qualification and evaluation factors, including work experience, capability and technical merit. Naturally, we help clients focus on responsiveness to the solicitation from the public agency, but also on the relative weight given the various evaluation factors.

Bid Protests

Governmental entities are required, by statute, to follow strict procurement rules. As part of its responsibility to taxpayers, the government is forbidden from showing favoritism when awarding public contracts. The legislative goal is to provide all qualified bidders with a fair opportunity to participate in the bidding process, thereby stimulating competition and helping secure the best work at the lowest price practicable. We regularly challenge the award or intent to award government contracts (or, alternatively, fight off bid protests by unsuccessful bidders). It seems, with our present economy and the increasing size of government contracts, bid protests are on the rise. Protests, however, have strict timing and procedural traps. Allen Matkins' attorneys offer strategic advice to ensure a timely and successful bid protest. Often, failed bid protests lead to mandamus actions and litigation against the public agency.