How to Hire a Government Contracts Attorney
1. Match their contracting experience to your contract type, procurement method, and agency
Tell candidates the exact contracting context (prime contractor vs. subcontractor, fixed‑price vs. cost‑reimbursement, grants vs. procurements, FAR vs. agency supplement rules, IDIQ, GSA schedules, or international contracts). Ask for concrete examples of similar matters, proposal preparation and bid protests, contract negotiations (terms like CPFF/CPA, CLINs, or performance incentives), contract administration (changes, equitable adjustments, excusable delay claims), termination for convenience/default defense, or False Claims Act and suspension/debarment defense. Confirm they’ve worked with the specific agency and procurement office (DoD branches, HHS, GSA, DHS, USAID, state procurement boards) because each buyer uses different templates, supplemental clauses, and interpretations of FAR clauses. Also verify familiarity with related regimes you may face, DFARS cybersecurity clauses (CMMC/NIST SP 800‑171), ITAR/EAR, Buy American/ACA compliance, and small‑business set‑aside rules, so counsel can spot flow‑down obligations, subcontractor compliance duties, and audit‑triggering behaviors early.
2. Verify bid‑protest, claims, and compliance depth plus practical capture/post‑award support
Government‑contracting disputes and compliance issues are procedural and technical. Ask about their bid‑protest track record (GAO, Court of Federal Claims, state boards): timelines they used, remedies achieved (stay of award, reprocurement, bid‑protest settlements), and whether they drafted protective orders or handled debrief strategies to preserve protestable issues. For contract claims, confirm experience preparing and litigating CDA claims, Requests for Equitable Adjustment (REAs), suspension/debarment defense, and appeals to boards of contract appeals or the Court of Federal Claims. Probe compliance work: they should run contract‑flow‑down audits, draft compliance plans (pricing, defective‑pricing reviews, export controls, cybersecurity plans), and prepare for government audits (DCAA, DCMA) and subcontractor pass‑through obligations. Also check whether they provide capture‑phase support, proposal risk allocation, teaming‑agreement terms, and red‑flag reviews to reduce post‑award disputes, and post‑award operational counseling (change‑order documentation, performance metrics, and claims preservation).
3. Require a written engagement with phased fees, dispute triggers, and coordination with finance and cleared personnel**
Get an engagement letter mapping phases and budgets: pre‑award proposal and procurement counseling, bid‑protest or bid‑challenge representation, contract administration and claims (REAs/CDA), audit and compliance responses, and litigation/arbitration at boards or the Court of Federal Claims. Negotiate fee structures that fit procurement realities, flat or capped fees for proposal drafting and pre‑award reviews, phased retainers for post‑award administration, and hourly or contingency arrangements for protests or claims, with explicit delineation of third‑party costs (expert witnesses, forensic accounting, cleared‑person travel, and security‑clearance sponsorships). Insist on written dispute‑trigger protocols that define when counsel will file protests or CDA claims, who must approve settlement thresholds, and timelines to preserve claims and equitable adjustments. Finally, require coordination clauses that tie legal work to finance, contract‑administration, and cleared‑personnel processes: privileged protocols for sensitive technical data, procedures to handle classified information, and clear instructions for record retention and internal reporting during audits, these details protect performance, payment, and reputations in a high‑risk procurement environment.
