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Government Contracting and Bid Protests
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Members of the Jones Walker Construction practice provide a full range of services in connection with federal, state and local government contracting. Team members in various offices have helped clients navigate the often perilous state and local public bid processes for goods, services and construction, including qualifying disadvantaged, minority and veteran business organizations under federal, state and local laws. Jones Walker has experience prosecuting and defending against public bid protests, as well as in contract disputes and public works act claims. Team members are also experienced advising clients on federal projects, including bid protest litigation before the Government Accountability Office (GAO) and Court of Federal Claims. We have counseled clients on a wide range of claims arising under federal government contracts, including analysis of entitlement and claims pricing issues, claim notification and certification requirements, Contract Disputes Act claims, False Claims Act investigations and Miller Act Claims.

Representative Matters

• Assisted a contractor with its presentation of claims to federal agency in compliance with Contract Disputes Act.

• Assisted a contractor with its defense against Miller Act claims by a subcontractor.

• Assisted a contractor with its termination of a subcontractor.

• Assisted a contractor with subcontract negotiations and flowdown of FAR requirements.

• Assisted a contractor in its defense against federal False Claims Act claims.

• Assisted a contractor in its defense against a qui tam claim.

• Advised a client regarding the requirements of the Buy American Act and American Recovery And Reinvestment Act.

• Represented a government contractor in a lawsuit alleging that defectively performed sitework caused permanent damage to a landowner’s property.

• Represented a contractor in consolidated class and individual actions claiming that the New Orleans area hurricane protection system failed due to design and construction defects (In re: Katrina Canal Breaches Consolidated Litigation).

• Represented the successful bidder in defending a challenge to the contract it was awarded under the Louisiana Professional Services Procurement Code.

• Represented a successful contractor in defending a contract award under the Louisiana Public Bid Law.

Publications

  • "Declaring an Early Victory: Effectively Using Declaratory Judgment to Timely Resolve Fundamental Contract Interpretation Disputes on Federal Government Contracts"
    The Construction Lawyer,
    Journal of the ABA Forum on Construction Law, Summer 2016