Government Contracts

Atlanta Lawyers Skilled in Complex Business Matters

At Parks, Chesin & Walbert, we have many years of experience representing a range of parties in every phase of government contracting. Our Atlanta government contract lawyers counsel clients on how to structure business entities to comply with contract requirements and government set aside programs. Our deep and broad state and local bid protest practice is recognized and respected by hearing officers, agency decision-makers, opposing counsel, and judges. Parks, Chesin & Walbert has used its tenacity and a thorough understanding of clients’ businesses, as well as the arcane rules involved in government contracting, to help clients secure lucrative contracts or, in some cases, recover substantial lost profits and damages awards. We have represented vendors to protect billion-dollar procurements by the state and by the City of Atlanta. Our attorneys have steered clients through debarment, suspension, and termination-for-cause proceedings.

Government Contracts

Businesses that provide goods and services to the federal, state, or local governments face substantial risks and challenges and may need representation from an experienced attorney who understands the nuances of procurement and other relevant laws. Federal, state, and local procurement laws are complicated and sometimes inconsistent, such that it can be difficult to figure out which requirements and deadlines apply to a specific procurement. Litigation may ensue, and its outcome may turn on whether federal, state, or local laws apply. Federal anti-discrimination laws and socioeconomic program rules can apply to state or local procurements that are partially or fully funded by the federal government.

The Georgia Procurement Manual places rules upon state procurements. Additionally, many cities and counties include procurement provisions within ordinances. A local government construction project will be subject to the Georgia Local Government Public Works Construction Law. Our government contract attorneys can explain to Atlanta clients how this law may affect them.

Public Works Construction

Public works construction is covered by state law. O.C.G.A. section 36-91-21(c) mandates that the government disclose evaluation criteria and worth in a solicitation, and it must award the contract based on evaluation criteria. If the government considers a factor left undisclosed in its solicitation documents that is allowed under an ordinance but not state law, courts have reversed an award.

Before bids are due, vendors can let the government know about issues that may affect the procurement. Vendors are supposed to get copies of all of the questions received and answered by the government. During this process, there is an opportunity to point out that certain terms cannot be satisfied, involve conflicts, or entail legal violations. Often, the vendors and their representatives are not allowed to talk to agency employees about a procurement after a solicitation document is released. Instead, the agency designates a contracting officer to be the representative regarding the procurement, and all communications must be made between that contracting officer and the vendor.

Proprietary Information

A special issue that our Atlanta government contract attorneys often have handled involves the need to balance a vendor’s desire to show its expertise against its need to shield proprietary and confidential, competitive information from competitors. Under the Georgia Open Records Act, the state or local government can withhold bids and proposals until a final award of a contract is made or the project is concluded or abandoned, such that one bidder cannot use competitive information in a final offer bidding or later negotiations. Sometimes, however, disputes may still arise once an award has been made because proprietary information disclosed during a procurement can affect competition in other procurements. Under the Georgia Open Records Act, trade secrets that are privileged or confidential and required by law, a request for proposal, a regulation, or a bid can be exempted from disclosure by marking those portions of the proposal as confidential.

Get Advice on Pursuing a Government Contract in Georgia

If you are interested in pursuing government contracts, it is important to consult a skillful government contract lawyer in the Atlanta area who understands the legal nuances regarding procurement, termination for cause or default, and other potentially applicable laws. Our attorneys have earned respect in our field by securing justice for clients in litigation and transactional matters. We represent clients in Forsyth, Fulton, Gwinnett, Glynn, and DeKalb Counties. Contact us at 404-873-8048 or via our online form.