Baker, Cronogue, Tolle & Werfel, LLP
PRACTICE:  Government Contracts
The attorneys of Barton, Baker, Thomas & Tolle specialize in the following areas of Government Contracts:

  • Audits & Procurement Fraud Investigations - Our attorneys have represented contractors during audits and in responding to audit reports to satisfy or rebut agency concerns. We have conducted internal investigations on behalf of management to determine the existence or extent of contract non-compliance and have negotiated successful resolutions to civil fraud allegations.  (return to top)

  • Bid Protests & Injunctions - Our attorneys have extensive experience before agency boards, the Government Accountability Office and the Court of Federal Claims in bid protests. We have successfully represented both protestors and awardees defending against protests (intervenors). We often attend debriefings where grounds for protest are discovered. Our experience permits us to counsel clients on the advisability of protesting and the chances of success.  (return to top)

  • Contract Formation & Administration - We counsel clients on all aspects of successfully bidding for government contracts and administering them effectively after award. This expertise helps clients to avoid or resolve issues involving advance payments, progress payments, partial payments, statements of work, cost allowability, executive compensation, overhead and G&A expenses, Service Contract Act requirements, responding to cure notices, changes, novations, change of name agreements and other critical contract administration issues.  (return to top)

  • Contractor Claims, Litigation & Appeals - Barton, Baker, Thomas & Tolle has represented clients regarding all manner of claims, including those involving cost allowability, terminations, delays, and changes. In cases where a successful recovery could not be negotiated with the agency, our attorneys have pursued claims successfully before the agency boards of contract appeals and the Court of Federal Claims.  (return to top)

  • Federal Supply Schedule Contracting - Our attorneys have experience in handling issues relating to award of FSS contracts and task orders, including small business size certifications, protests of task orders to GAO, the Court of Federal Claims, and to the Agency. We also have reviewed questions regarding out-of-scope changes to task orders.  (return to top)

  • Intellectual Property & Data Rights - The government can acquire broad rights in computer software and technical data delivered under a government contract. Our firm advises clients on ways to protect the intellectual property delivered under a contract and ways to commercially exploit the rights the contractor retains.  (return to top)

  • International Contracting - We are experienced in handling issues relating to foreign military sales (FMS) by the U.S. Government. We have also dealt with issues unique to foreign corporations competing for and performing federal government contracts.  (return to top)

  • Mergers & Acquisitions - Our attorneys have handled corporate mergers and acquisitions from start to finish, as well as advising general M&A counsel on issues unique to acquisitions of a federal government contractor. These issues include special procedures for novation of federal government contracts, security clearance issues, especially for foreign buyers, and the impact of an acquisition on a small business's size status.  (return to top)

  • Privatization & Outsourcing - When the U.S. government decides to outsource to a private contractor a function it once performed in-house, its decision-makers must follow very complicated procedural rules commonly referred to as the A-76 procedure. Our attorneys are experienced in reviewing, protesting and appealing A-76 decisions at every stage.  (return to top)

  • Small Business Issues - Our attorneys assist clients who are who qualify as small, small disadvantaged, women-owned, and service-disabled veteran-owned businesses to successfully meet the challenges and opportunities that are unique to these types of businesses. Our attorneys counsel clients on size and NAICS code issues on set aside contracts, as well as issues regarding teaming arrangements and joint ventures. We prepare or assist in the preparation of 8(a) and small disadvantaged business applications. We initiate and defend size protests and represent clients before the Small Business Administration Office of Hearings and Appeals.  

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  • Subcontracts, Joint Ventures, and Teaming Agreements - A large and increasing number of government contracts are awarded to teams of contractors. Teaming typically takes the form of a prime contractor-subcontractor arrangement or a joint venture. We have extensive experience in drafting and negotiating subcontracts and joint venture agreements. Prior to award, we assist our clients to negotiate teaming agreements to better define the parties' respective expectations and to protect our clients' interests should an award be made to the team.  (return to top)

  • Suspension & Debarment Actions - Suspension and debarment are extreme sanctions that seriously jeopardize the continued viability of some government contractors, particularly small businesses. Our attorneys have successfully represented contractors who have been proposed for suspension or debarment from government contracting and we have successfully prevented or mitigated the imposition of those sanctions.  (return to top)

  • Government and Prime Contractor Relationships - Our attorneys assist clients in seeking resolution of contractual and other business disputes between themselves and a Government customer, a Prime Contractor or Subcontractor. This often involves negotiation, informal mediation, binding arbitration or litigation.  (return to top)