Government and Commercial Contracts

The Gibson, Dunn & Crutcher Government and Commercial Contracts Practice Group applies substantive experience, project capabilities and litigation skills in order to serve public sector and high technology clients. With a reputation for successfully helping clients to navigate through complex legal issues, we have been retained for many "first impression" and enterprise-critical matters.  Our attorneys, located in Washington, D.C., Los Angeles and Denver, regularly handle engagements throughout the country.

For more information about our Government and Commercial Contracts practice and representative engagements, please click on one of the sub-practice links to the right.

Points of Contact:

Practice Group Chair	Joseph D. West
Contract Award Controversies	Joseph D. West Karen L. Manos
Litigation	Joseph D. West Karen L. Manos Timothy J. Hatch
Dispute Resolution	Joseph D. West Diana G. Richard Karen L. Manos Timothy J. Hatch
Cost & Accounting Disputes	Karen L. Manos
Information Technology	Diana G. Richard Timothy J. Hatch
Investigations & "False Claims"	Joseph D. West Joseph F. Warin Karen L. Manos Timothy J. Hatch Marcellus McCrae Robert C. Blume
Regulatory Compliance	Diana G. Richard Karen L. Manos
Transactional Matters	Diana G. Richard

Articles by Topic

Bid Protests

• COFC Limits Sole-Source Procurement of Combat Helicopter Parts

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California Procurement

• When More Produces Less: California's IT Terms and Conditions Produce Less Competition and Lower Value [PDF]
• Intellectual Property Issues in State & Local Procurement: An Overview & Comparison of Representative State Terms & Conditions [PDF]

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Compliance

• Sarbanes-Oxley and Government Contractors: Beyond The Regulatory Burden We Knew

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Construction

• The Use of ADR in Resolving Federal Construction Contract Disputes [PDF], The Construction Law Handbook (1999)

• Claims and Dispute Resolution in Federal Design-Build Projects [PDF], Design-Build in Contracting Claims (1999)

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Cost & Pricing

• Does the APA Still Apply to Government Contractors? [PDF] 2-5 Cost, Pricing & Accounting Report 44 (Sept.2007)
• Cost & Pricing Issues [PDF], West Group Government Contracts Year in Review 2007
• COFC Reconsiders CAS 413 Ruling [PDF], 49-9 Government Contractor ¶ 95  (March 7, 2007)
• Defining 'Increased Costs in the Aggregate' [PDF], Costs, Pricing & Accounting Report (March 2007)
• Recovery of Interest Against The Government [PDF], Costs, Pricing & Accounting Report (November 2006)
• Estoppel Against The Government: What Does 'Affirmative Misconduct' Have To Do With It? [PDF] (2006)
• Government Contracts Year-in-Review Conference: Cost & Pricing Developments [PDF] (2006)
• Practitioner's Comment: Shareholder Taxes on Diviends Are Not Allowable Costs for Subchapter S Corporation, Federal Circuit Holds [PDF], 48-7 Government Contractor (February 22, 2006).
• Defining Cost or Pricing Data [PDF], 47 Government Contractor ¶ 192 (2005).
• Allowability of Legal Costs [PDF], 05-5 Briefing Papers (April 2005).
• FAR 31.205-18, Independent Research and Development and Bid and Proposal Costs [PDF], 03-12 Briefing Papers (Nov. 2003).
• The Proposed Rule on Cost Accounting Standards Administration - "There You Go Again," [PDF] 45 Government Contractor ¶ 302 (2003).
• The Federal Circuit's Decision in Boeing North American: Better, But Still Wrong [PDF], 44 Government Contractor ¶ 203 (2002).
• DDP's Guidance Paper on Changes in Cost Accounting Practice [PDF], 44 Government Contractor ¶ 80 (2002).
• Practitioner's Comment: General Dynamics Corp., ASBCA 49372 [PDF], 44 Government Contractor ¶ 249 (2002).
• Heads We Win, Tails You Lose: The CAS Board's Remarkable New Proposal on Accounting for the Costs of PRB Plans [PDF], 42 Government Contractor ¶ 420 (2000).
• Post-Retirement Benefits: Much Ado About Funding [PDF], 4:5 Government Contract Audit Report (1999).

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DCAA Audit Access

• Caveat Contractor: DCAA's New Audit Guidance on the Sarbanes-Oxley Act and Contractor Internal Controls [PDF], 80:19 Federal Contracts Report. 543 (2003).

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Debarment & Suspension

• Suspension & Debarment [PDF], Briefing Papers, Second Series (August 2006)

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Defense Base Act

• The Must-Do Contract: Uncle Sam can require companies to do his disaster relief bidding

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Export Controls

• U.S. Export Control Compliance Requirements for Government Contractors
• Proposed Department of Defense Rule Requires Contractors to Implement Export Compliance Programs

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False Claims Act

• Is Government Knowledge a Defense to False Claims Liability? A Discussion of the Role of Government Knowledge Under the California and Federal False Claims Act

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Foreign Investment

• National Security Implications of Foreign Investment in U.S. Government Contractors [PDF], Briefing Papers, Second Series(October 2007)
• New Legislation on Foreign Takeovers in Wake of Dubai Ports Controversy (July 2007)
• Alcatel/Lucent Merger to Proceed Following President Bush's Acceptance of CFIUS's Recommendation for Approval (November 2006)
• Foreign Investment Update and Outlook from the Gibson Dunn Public Policy Group (April 2006)

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Government Contracts Litigation

• The Non-Appropriated Funds Doctrine: What Do You Mean We Can't Sue Them? [PDF] 6:7 Government Contract Audit Report (2001).
• Contract-Related Statutes of Limitations [PDF], Briefing Papers, Second Series (June 1997)

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GSA Contracting

• Significant Revisions to the Federal Acquisition Regulation ("FAR") Provisions Regarding Federal Supply Schedule Services and Blanket Purchase Agreements

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Iraq Reconstruction

• Status of Contractors in Iraq: What Laws Apply?, Iraq Reconstruction Report (2004) [PDF].

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OFCCP

• OFCCP Regulations Require Federal Contractors to Track Data on Internet Applicants

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Other

• Rule Change Significantly Alters Civil Settlement Negotiation Environment, Gibson, Dunn & Crutcher Client Alert (February 7, 2007)
• Organizational Conflicts of Interest/Edition IV [PDF], Briefing Papers, Second Series (November 2006)
• Proposed Amendments to the Federal Acquisition Regulation
• Access to Contractor Records/Edition II: Basic Principles and Guidelines [PDF], Briefing Papers (April 1988)

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Past Performance

• Past Performance [PDF], Briefing Papers, Second Series (1999)
• The Use of Past Performance Information in the Source Selection Process [PDF] Contract Management (December 1996)

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Terminations

• Practical Advice Concerning the Federal Government's Termination for Convenience Clause [PDF], The Construction Lawyer (Volume 17, Number 4; October 1997)