Federal Procurement & Claims
Finch, Thornton & Baird, LLP offers unparalleled experience to general contractors, subcontractors, suppliers, and manufacturers seeking success in the complex and highly regulated federal construction arena. From setting up your business entity (or strengthening legal and contractual agreements) to helping you win contracts through aggressive bid protest strategies to fighting claims to ensure you get paid, our experienced attorneys are ready to go.
SUCCESS BEGINS WITH A STRONG FOUNDATION.
Startups and established businesses benefit from the firm’s expansive knowledge of business entity setup, formation, compliance, and regulatory requirements imposed by federal law or established by federal agencies including:
- Federal Acquisition Regulations (FAR)
- American Recovery and Reinvestment Act (ARRA)
- Buy American Act
- Small Business Administration (SBA)
- Office of Federal Contracts Compliance Programs (OFFCCP)
- Wage and Hour Division of the Department of Labor
- Occupational Safety and Health Administration Division of the Department of Labor
Maintaining mutually beneficial relationships will be crucial to the success of your business. So our experience in structuring partnering, teaming, and joint venture agreements is invaluable. But our support doesn’t end there. Your legal team works throughout the term of our representation to ensure that all certifications and approvals are current and in compliance, too.
SECURING YOUR PROCUREMENTS THROUGH A WINNING BID PROTEST STRATEGY.
Despite the obvious appeals of federal works contracts, winning them can prove highly challenging. Solicitation ambiguities, protests by higher or lower bidders, and improper proposal evaluations by agencies are common. In federal procurement, an ounce of prevention is worth a pound of cure. By evaluating solicitations for flaws or weaknesses prior to bidding, we help clients avoid protests and create winning bids. We know this through our representation of clients large and small in all manner of size, status, agency, and GAO bid protests. After decades of delivering shrewd, timely, and well-researched bid protests, we know what it takes to deliver successful outcomes for our clients.
FIGHTING YOUR CLAIMS AND GETTING YOU PAID WHAT YOU DESERVE.
Helping clients win federal procurement can be gratifying. It ensures an appreciative client, work force employment opportunities, and, occasionally, the chance to work on important national construction projects. Few things are more rewarding to this firm, however, than seeing our clients receive the rightful compensation they deserve. In fact, the principle of delivering net monetary benefits to our clients is central to our core values. It is where our aggressive approach to claims and disputes representation, negotiation, and litigation shines brightest. And where we stand the greatest potential to help clients maximize their profits.
Our expertise with Federal Contracts includes:
Business Formation and Contract Negotiation
- Formation and certification of women owned small business, HUBZone small business, veteran owned small business, and 8(a) business and disadvantaged business enterprises
- Partnering, teaming, and joint venture agreements
- Prime contracts and subcontracts
- Technology and licensing issues
- Data rights
Bid Protests
- SBA size and status compliance and protests
- GAO and Court of Federal Claims (COFC) bid protests
- Procuring agency protests
Claims and Disputes
- Change orders and contract modifications
- Requests for equitable adjustment (REAs)
- Civilian Board of Contract Appeals (formerly GSBCA) and Armed Services Board of Contract Appeals
- Contract Disputes Act claims
- Miller Act bond claims
- Contract termination under the FARs
- Compliance
Small Business Administration (“SBA”) Size Protest
The firm advised its client as to the structuring of an 8(a) joint venture to…
Design-Build Federal Contractor v. Framing Subcontractor
The firm represented the general contractor concerning the default termination of a framing subcontractor on…
Firm Defends Bid Protest Based on Subcontractor Qualifications
The firm’s client was the low bidder for a public school construction project. The client…
General Contractor v. Federal Government, Department of Veterans Affairs
The firm represented a general contractor against the Federal Government related to a federal construction…
Federal Public Works Subcontractor v. Contractor
The firm represented a mechanical subcontractor pursuing claims for extra work, delay, and disruption experienced…
Prime Contractor v. Electrical Subcontractor on a Federal Project
The firm represented the prime contractor in a dispute with an electrical subcontractor over the…
Firm Wins Precedent Setting Decision On The Enforceability Of Forum-Selection Clauses In Federal Miller Act Claims
Forum-selection clause enables general contractor to litigate in agreed venue. The firm's client was a…
Groundbreaking GAO Protest of Department of Veterans’ Affairs Solicitation
The firm successfully protested to the GAO the VA's award of a $23 million solar…
Kevcon, Inc. v. L.B. Contracting, LLC
The firm successfully obtained the dismissal of a federal court action filed in California against…
Government Accountability Office (GAO) Protest
The firm successfully protested the award of a United States Department of Air Force $45,000,000…
Bid Protest – Army Corps of Engineers
The firm represented a large prime contractor specializing in Federal work in a bid protest…
GAO Protest of Department of Veterans’ Affairs Solicitation
The firm successfully protested the VA’s solicitation for the upgrade and renovations at the VA…
Architectural Aluminum Window Systems, Inc. v. Dick Pacific Construction Co., Ltd.
The firm’s client was a window subcontractor on a federal project at Schofield Barracks, Hawaii…
Federal Contracting – Teaming Agreement Member v. Prime Contract Awardee
The firm represented a member of an oral teaming agreement who was not awarded a…
Government Accountability Office (GAO) Protest
The firm successfully protested the award of a GSA IDIQ contract for construction and related…
Government Accountability Office (GAO) Protest
The firm successfully protested the award of a $30,000,000 firm-fixed-price indefinite-delivery/indefinite-quantity contract before the Government…
Lower Tier Subcontractor v. General Contractor and Miller Act Payment Bond Surety
The firm represented a subcontractor on a federal work of improvement in Arizona. The firm…
Defense of Federal Miller Act Claim
The firm’s client was the prime contractor on a federal design-build construction project on a…
Subcontractor Default And Miller Act Claim – Department Of Army Project
The firm represented the prime contractor on a federal drainage channel project administered by the…
False Claim Act Defense – Multiple Municipal Rail Projects, Western United States
Finch, Thornton & Baird represented two prime contractors that performed large-scale municipal rail projects for…
Defense Of Federal Miller Act Claim – Naval Base Fire Station
The firm’s client was the prime contractor on a federal design-build construction project—a new fire…
Defense Of Qui Tam False Claims Act Lawsuit On Light Rail Project
The firm’s client was the prime contractor on a regional light rail modernization project. A…
Federal Design Build Contractor v. Structural Engineer
The firm represented plaintiff design/build contractor in a dispute with defendant civil engineer after the…
Settlement Of Federal Termination For Convenience
The firm’s client was terminated for convenience on a Federal project. The firm assisted the…
Barnhart-Balfour Beatty, Inc. v. Roofing Subcontractor, Roofing Manufacturer and Their Insurers
The firm represented the Design Builder concerning a roof failure on a classified military base…