No matter what your business, the rules are different when doing business with the Government - whether the Government is your smallest customer or your only customer. Our lawyers understand the requirements and the unique risks facing our clients when conducting business in the public sector. Baker Botts represents businesses from a wide array of industries including healthcare, defense, civil aviation, accounting, IT, energy, security and more in all matters relating to public procurement and contracting. While our practice includes "traditional" government contracts matters, we are also well-suited to address our clients' new and exceptional challenges in today's rapidly-changing public procurement environment. Our government contracts lawyers hold various levels of security clearances for classified information, and our lawyers have worked with clients on a broad range of national security issues. Our practice emphasizes prevention and early detection of problems in the formation and performance of government contracts, including the establishment and administration of business ethics and compliance programs. We pride ourselves on understanding how companies do business with the Government so that our lawyers are able to appreciate the "big picture" and provide our clients with legal services that best serve our clients' overall business interests.

Procurement Fraud Investigations and Enforcement
Since Congress amended the civil False Claims Act in 1986, the federal government has recovered more than $21 billion from contractors. Baker Botts defends many government contractors in lawsuits brought by government authorities charging violations of False Claims Act and have litigated False Claims Act cases brought as qui tam actions by private parties. We have extensive experience in conducting internal investigations, as well as defending clients in government audits and fraud investigations. Our government contracts lawyers often work with our firm's white collar criminal defense lawyers to defend clients in parallel criminal and civil investigations, as well as proactively address suspension and debarment issues to achieve complete resolutions for our clients.

Contract Claims and Litigation
Our practice encompasses the identification, preparation, and negotiation of claims and, when necessary, the litigation of claims before the boards of contract appeals and the United States Court of Federal Claims. We have developed recognized proficiency in issues relating to Cost Accounting Standards and in the defense of defective pricing claims. The firm has a long history of defending government contractors in actions by government agencies seeking to suspend or debar them from government contracting and has successfully negotiated administrative settlement agreements on behalf of clients.

Bid Protests
Our lawyers have extensive experience representing clients in bid protest cases before agencies, the Government Accountability Office and the United States Court of Federal Claims. We have successfully represented both protesters and interveors in bid protest proceedings. Our lawyers understand the various contracting procedures utilized by Government purchasing activities and the specific regulatory regime governing each one. More importantly, our lawyers appreciate that the decision to file a bid protest often implicates many business concerns beyond the merits of a specific procurement. Many of our successful bid protest representations have included advising clients on when protesting is not in the client's business interest.

Intellectual Property
Developing and licensing intellectual property under government contracts is governed by a unique set of regulations that can deviate significantly from commercial IP laws. Our lawyers have extensive experience is assisting clients in protecting their intellectual properly rights when dealing with the government. We have counseled many clients in the negotiation of contracts and subcontracts, as well as assisting clients through regulatory regimes during contract performance. In addition, our lawyers have litigated numerous cases in the United States Court of Federal Claims related to the Government's use of patents including consent and authorization claims brought under 28 U.S.C. § 1498.

Transactions
There are special concerns when corporate transactions involve government contractors. Our government contracts lawyers are experienced in conducting the necessary due diligence, as well as securing necessary approvals from the appropriate government officials to get the deal done. We also counsel clients concerning transnational contract and subcontract agreements, joint ventures, sales and distribution agreements, and technology transfer and license agreements. These transactions frequently involve the U.S. laws and regulations that control exports and the conduct of U.S. businesses overseas, as well as international treaties, government-to-government agreements and conventions. Additionally, our lawyers have experience in working with clients that conduct classified contracts. We have advised clients related to foreign investment in U.S. companies that have been granted security clearances.