Government Contracts: Moore & Van Allen

Overview

Moore & Van Allen advises companies operating in the federal marketplace on the full range of government contracts issues. We integrate regulatory, transactional, compliance, and dispute guidance into broader business and operational strategies, helping clients manage risk, protect enterprise value, and pursue growth in highly regulated environments.

Clients rely on our multidisciplinary approach to address government contracts matters across the procurement lifecycle, including mergers and acquisitions, proactive compliance and operational risk management, bid protests, responding to investigations, and navigating claims and disputes.

Our team works closely with colleagues across the firm’s corporate, litigation, labor and employment, and intellectual property practices to deliver practical, business-focused solutions aligned with clients’ strategic objectives.

We also advise on the national security dimensions of government contracting, including foreign direct investment reviews conducted by the Committee on Foreign Investment in the United States (CFIUS), foreign ownership, control, or influence (FOCI) mitigation enforced by the Defense Counterintelligence and Security Agency (DCSA), export controls (the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR)), economic sanctions regulations administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), and cybersecurity requirements. Our team brings an integrated and dynamic perspective to help clients operating at the intersection of government contracts, national security, and international trade.

Mergers & Acquisitions

Our team supports corporate and private equity clients on transactions involving government contractors, helping buyers and sellers assess regulatory position and potential risk when government contracts are central to enterprise value. We have particular depth in transactions involving national security risk, including where a CFIUS filing is required or recommended and FOCI mitigation must be implemented. Our experience includes:

Government contracts due diligence and regulatory risk assessment, including with respect to changes in small business status
Identification of compliance and performance issues affecting valuation
Coordination with deal teams to align regulatory strategy with transaction timelines
Novations, change-of-control issues, and required government approvals and notifications
CFIUS filings and mitigation agreements
FOCI mitigation implementation
Post-closing integration and compliance remediation

COMPLIANCE & OPERATIONAL RISK

FAR and DFARS compliance counseling
Small business compliance obligations
Regulatory requirements for grant recipients, sub-recipients, and their contractors
Procurement integrity and ethics matters
False Claims Act risk assessments and mitigation
Policy and procedure development and review
Front-end compliance strategies to proactively address risk

National Security, Export Controls & CFIUS

We advise both U.S. and non-U.S. companies on the national security regulatory framework governing defense contractors, including those with facility security clearances, and cross-border transactions. Our work includes:

CFIUS national security reviews, representing both foreign acquirers and investors and domestic targets in voluntary and mandatory filings
FOCI mitigation measures, including board resolutions, Security Control Agreements (SCAs), Special Security Agreements (SSAs), and proxy agreements/voting trust agreements
Export control compliance under the ITAR and the EAR, including compliance policies, technology control plans, internal investigations, and voluntary self-disclosures to DDTC and BIS
OFAC economic sanctions compliance, including screening procedures, license applications, and enforcement defense
Classified contract compliance under the National Industrial Security Program Operating Manual (NISPOM)
Cybersecurity compliance, including Cybersecurity Maturity Model Certification (CMMC) readiness, DFARS 252.204-7012 compliance, and incident response

Domestic Preference & Supply Chain Compliance

We counsel contractors, manufacturers, and grant recipients on compliance with federal domestic preference requirements, helping clients navigate sourcing obligations and manage supply chain risk. Our work includes:

Buy American Act (BAA), Trade Agreements Act (TAA), Berry Amendment, and Build America, Buy America Act (BABA) compliance
Country-of-origin determinations and substantial transformation analyses under FAR 52.225-1, 52.225-5, and 52.225-11
Waiver requests and exception strategies, including public interest determinations, non-availability exceptions, and unreasonable cost analyses
Supply chain risk management for domestic content requirements, including compliance structuring for defense, manufacturing, construction, and clean energy contractors

Investigations & Disclosures

We represent companies in internal and external investigations, audits, and government inquiries, including Inspector General investigations and agency reviews. Our work includes:

Internal investigations involving government contracts compliance
Audits and agency inquiries, including cost and timekeeping reviews
Assessment and preparation of voluntary and mandatory disclosures
Coordination with compliance remediation and policy enhancements

Bid Protest & Procurement Disputes

We represent government contractors in government contracts litigation, including bid protests before the U.S. Government Accountability Office and the U.S. Court of Federal Claims, contract disputes and claims before the Boards of Contract Appeals, and appellate proceedings before the U.S. Court of Appeals for the Federal Circuit. We focus on achieving client objectives, including:

Reopening evaluations and securing contract awards
Defending awards against competitor challenges
Advising on requests for equitable adjustment and related administrative proceedings
Contract disputes and claims before the Armed Services Board of Contract Appeals (ASBCA) and Civilian Board of Contract Appeals (CBCA)
Prime contractor and subcontractor disputes, including teaming agreement disputes, wrongful termination claims, and pass-through claims

Representative Work

Representing government contractors in high-value bid protests before the U.S. Government Accountability Office and the U.S. Court of Federal Claims, acting for both protestors and interveners in pre-award and post-award challenges involving mission-critical procurements and heightened scrutiny
Defending federal contract awards in complex, multi-round protest proceedings, including matters involving agency corrective action, technical and past-performance evaluations, and best-value determinations, while enabling continued contract performance during litigation
Advising manufacturers and suppliers on procurement disputes arising from large-scale federal procurements, including contracts involving domestic sourcing requirements and Buy America considerations with industry-wide implications
Counseling corporate and private equity clients on government contracts due diligence and regulatory risk assessment in connection with mergers and acquisitions involving highly regulated businesses, including evaluation of compliance, performance, and program risk
Assisting contractors with internal investigations and compliance reviews related to timekeeping, cost allowability, and the FAR and DFARS, including remediation, policy enhancements, and ongoing compliance program implementation
Advising companies on voluntary and mandatory government disclosures and responding to audits and agency inquiries, with a focus on mitigating enforcement risk, avoiding business disruption, and preserving government relationships
Representing both U.S. and non-U.S. parties in CFIUS national security reviews in connection with acquisitions of U.S. government contractors, including negotiation of mitigation agreements
Implementing FOCI mitigation in coordination with the Defense Counterintelligence and Security Agency (DCSA)
Conducting export control due diligence in M&A transactions, including submission of mandatory notifications and structuring compliance programs and technology transfer controls for post-closing operations
Advising manufacturing, construction, and clean energy contractors on domestic preference compliance under the Buy American Act, Trade Agreements Act, and Build America, Buy America Act, including country-of-origin determinations and waiver strategies
Representing contractors in contract disputes and claims before the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals, including disputes arising from wrongful terminations, equitable adjustments, and differing site conditions