Government Contracts & Grants

Overview

Parker Poe guides clients through the full life cycle of federal, state, and local government contracts and grants. Our team is led by William Kirkwood, who held senior roles with top-tier defense contractors, managed global contract portfolios worth billions of dollars, and built and led teams that integrated compliance seamlessly with business operations. Our experience gives us a unique perspective into how clients can strengthen their procurement and compliance strategies, streamline performance, and avoid pitfalls in working with federal and state agencies.

Clients across industries turn to us to capture government contracts and grants, negotiate favorable terms, and resolve disputes, including related to sensitive and classified programs. Our industry experience includes aerospace and defense, energy, health care (including Medicaid and Medicare), manufacturing, technology, and transportation. Across the board, they turn to us to translate complex requirements into actionable guidance — and provide legal solutions that advance their business goals.

Areas of Focus

Bid Protests & Dispute Resolution

Bid protests: Representing both awardees and disappointed bidders in challenges to procurement decisions before the Government Accountability Office (GAO), the U.S. Court of Federal Claims, and agency-level forums, including pre-award and post-award protest strategies.
Contract disputes and claims: Guiding clients through disputes over contract performance, scope, pricing, or terminations, including preparing requests for equitable adjustment, submitting formal claims, and resolving matters before the Civilian Board of Contract Appeals (CBCA) or in federal court.
Suspension and debarment proceedings: Defending against proposed suspension or debarment actions by negotiating administrative agreements, developing compliance improvements, and preserving eligibility for future government contracts.
False Claims Act (FCA) defense: Defending clients in FCA investigations and litigation brought by federal and state authorities or qui tam relators, including negotiating with enforcement agencies and litigating through dismissal or resolution.
Internal investigations and disclosures: Responding to government subpoenas, civil investigative demands (CIDs), or other inquiries by conducting fact-finding, advising on disclosure obligations, and mitigating potential liability.
Appeals and administrative litigation: Handling appeals and related proceedings in administrative and judicial forums, enabling clients to challenge or defend procurement decisions effectively while minimizing business disruption.

Compliance & Policy Counsel

Cybersecurity, data rights, and export controls: Addressing requirements for safeguarding sensitive government information, protecting intellectual property, and complying with export restrictions.
Compliance programs: Developing and enhancing internal compliance frameworks, policies, and training tailored to federal contracting obligations, including requirements under the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS).
Procurement priorities: Planning long-term strategies and business development approaches in light of evolving legislative and regulatory environments.
Domestic preference laws: Navigating statutes such as Buy American Act and the Trade Agreements Act, as well as helping clients align supply chains with federal requirements.
Federal agency engagement: Engaging with policymakers and regulators to ensure client perspectives are considered in rulemaking and enforcement.
Executive orders and regulatory updates: Advising on evolving requirements, including changes issued by the White House and federal agencies, and translating them into practical compliance measures.

Due Diligence & Transactional Support

M&A and investment due diligence: Evaluating government contractors and grantees in the context of mergers, acquisitions, or investments, with emphasis on compliance risks, contract performance, and potential liabilities that may impact deal structure or value.
Subcontractor and teaming agreements: Structuring, negotiating, and reviewing teaming, joint venture, and subcontractor arrangements to align with procurement requirements and advance strategic business objectives.
Flow-down clause analysis: Examining prime contract provisions to identify mandatory flow-down obligations and ensure proper allocation of responsibilities across the contracting chain.
Risk assessment and mitigation strategies: Identifying legal, regulatory, and performance risks in transactions, and providing practical recommendations to reduce exposure and support successful post-closing integration.

Labor & Employment

Davis-Bacon Act and Service Contract Act guidance: Advising contractors on wage and benefits requirements under the DBA and SCA, including determining coverage, classifying employees, and complying with prevailing wage obligations.
Federal contractor obligations: Counseling clients on equal employment opportunity requirements, affirmative action obligations, and compliance with executive orders and Office of Federal Contract Compliance Programs (OFCCP) enforcement.
Wage determinations and compliance audits: Interpreting and applying wage determinations, preparing for and responding to Department of Labor audits, and resolving compliance challenges.
Employment policies for federal contractors: Developing and updating internal employment policies tailored to the unique requirements of companies working with federal, state, and local agencies.

Representative Experience

Bid Protests & Dispute Resolution

Successfully represented clients in high-value bid protest litigation before the U.S. Government Accountability Office (GAO), Court of Federal Claims, and various state tribunals and in claims litigation at the Armed Services Board of Contract Appeals and Civilian Board of Contract Appeals.
Represented a large managed care organization in a successful bid protest at the District of Columbia Contract Appeals Board (DC CAB) and defended against multiple other protests at the DC CAB and appeals to the Superior Court for the District of Columbia.
Secured post-award corrective action for a client through a GAO bid protest, enabling fair consideration for a contract valued at over $300 million.
Intervened on behalf of a software company, successfully preserving a $115 million government contract.
Represented a software company in a post-award bid protest, effectively arguing that the agency’s cost-realism analysis was unreasonable, leading to a favorable outcome.
Challenged unreasonable solicitation requirements related to national security for a multibillion-dollar opportunity, achieving a successful outcome for the client.

Compliance & Policy Counsel

Guided and trained a diverse range of clients, from Silicon Valley startups to multibillion-dollar international corporations, in successfully understanding and addressing a wide variety of federal regulatory compliance challenges.
Advised a recipient of a Department of Energy (DOE) loan for a lithium battery recycling plant, on negotiating loan terms, developing a compliance program, and effectively managing flow-down requirements for contractors and subcontractors.
Supported multiple nonprofit organizations receiving state and federal grants by creating subrecipient and subcontractor template agreements and ensuring alignment with regulatory and contractual obligations.
Counseled a semiconductor manufacturing company on navigating compliance requirements for a grant awarded under the CHIPS and Science Act and adhering to complex federal guidelines.
Advised and trained a variety of global firms, including medical technology, construction, and engineering firms, on compliance with U.S. federal regulatory requirements.
Supported a global energy company in complying with U.S. federal grant regulations for a DOE grant, developing policies and delivering compliance training.
Counseled multiple clients on the requirements of the National Industrial Security Program Operating Manual (NISPOM), Defense Counterintelligence and Security Agency (DCSA) procedures, and requirements for securing facility and personnel security clearances.
Counseled multiple clients on compliance with U.S. federal cybersecurity requirements.
Represented a leading manufacturer in navigating federal and aerospace-related government contracts. Provided strategic legal support on contract negotiation, compliance with federal acquisition regulations (FAR), and long-term supply and service agreements.
Advised various municipalities in the creation of nonprofit arms following Hurricane Helene. Structured entities to support disaster recovery efforts, attract grant funding, and enhance long-term community resilience through compliant, mission-driven governance.

Due Diligence & Transactional Support

Assisted a global manufacturer of data network management software in negotiating favorable subcontracting and licensing terms, strengthening their business agreements.
Supported a software and technology services company completing an $800 million merger, and a wide variety of other M&A transactions.
Represented a public university in complex contract negotiations, overseeing the entire lifecycle of technology and procurement agreements. Provided strategic counsel on compliance, vendor terms, and risk allocation, ensuring alignment with institutional goals and state regulations.
Represented a technology company providing software solutions to municipalities in contract negotiations. Negotiated municipal contracts nationwide, tailoring terms to meet public sector procurement requirements while protecting the company’s intellectual property and operational flexibility.
Represented a nonprofit in structuring and negotiating a programmatic partnership with a city. Advised on governance, funding, accountability, and risk-sharing mechanisms to support delivery of community services under a public-private collaboration.