Government Contracts

Government Contracts

Bid Protests                  Public Works
Disadvantaged Business Entities   Purchases
False Claims Act   Services Contracting
Information Technology Contracting    

 

BID PROTESTS

Primary Attorney Contacts: Eileen M. Diepenbrock, Jennifer L. Dauer, Chris A. McCandless, Jonathan R. Marz and Conner Johnston

Represented bidder protesting and securing award of contract for sale of medical beds to the State.

Represented bidder protesting award of statewide fuel supply contract awarded using reverse auction methodology and obtaining settlement following protest hearing.

Successfully represented small business in federal bid protest on set-aside contract for review of medical billings.

Represented contractor in defending against bid protest and securing construction work, and assisted contractor in negotiating claims with public owner following construction.

Successfully represented second-low bidder in bid protest challenging low bidder as not being responsible bidder.

Successfully represented the second low bidder in litigation regarding the mis-award of a public works project, resulting in a published decision in Valley Crest Landscape v. City of Davis, 41 Cal. App. 4th 1432 (1996).

Numerous representations of public owners and bidders on protests of public works contruction project awards.

Represented contractor in protest against municipal project owner for improper award of $5 million project.

Represented low bidder defending against bid protest for multi-million dollar highway improvement project where second low bidder challenged low bidder’s efforts to achieve disadvantaged business enterprises (DBE) participation goals.  Successfully defeated petition for writ of mandate and prevailed in subsequent appeal to the Third District Court of Appeal.

Regularly advise owners and bidders regarding bringing and responding to bid protests, including drafting and responding to detailed statements of protest and pursuing writs of mandate, where appropriate. 

Represented bidder in a bid protest challenging the Department of General Services’ (DGS) intent to award a contract to a bidder that failed to meet Disabled Veteran Business Enterprise (“DVBE”) participation goals and failed to properly document DVBE solicitation efforts.

Represented clients in protesting intended award on major State IT systems procurement and securing a re-bid.

 

DISADVANTAGED BUSINESS ENTITIES

Primary Attorney Contacts: Jennifer L. Dauer, Eileen M. Diepenbrock, Mark E. Peterson

Advised large corporation regarding structure of purchase of minority interest in DVBE to remain compliant with regulations.

Successfully represented Disabled Veteran Business Enterprise (DVBE) in challenging California Department of General Services (DGS) refusal to renew DVBE certification.

Represented Minority- and Woman-Owned Business in successfully challenging rejection of certification by CalTrans.

Regularly advise disadvantaged businesses in complying with requirements for DGS and/or federal Veterans’ Administration certification.

Represented bidder in a bid protest challenging the Department of General Services’ (DGS) intent to award a contract to a bidder that failed to meet Disabled Veteran Business Enterprise (“DVBE”) participation goals and failed to properly document DVBE solicitation efforts.

 

FALSE CLAIMS ACT

Primary Attorney Contacts: Eileen M. Diepenbrock, Jennifer L. Dauer

Represented city in bringing false claims allegations against construction contractor for deliberate overstatements of work performed in progress payment requests.

Defeated, on summary judgment, allegations that construction contractor had submitted false claims, including through change order requests.

Represented medical clinics in voluntary disclosures to the federal government upon discovery of false claims by employees.

Defended one owner against False Claims Act allegations brought against him due to conduct at methadone clinic being managed by another owner.

 

INFORMATION TECHNOLOGY CONTRACTING

Primary Attorney Contacts: Jennifer L. Dauer

Assisted in representing contractor on major software development contract both before termination and in post-termination litigation, recovering from State for termination following trial.

Advised client on pre-bid questions and other procedures as part of major State IT system procurement under Public Contract Code section 6611.

Represented clients in protesting intended award on major State IT systems procurement and securing a re-bid.

Represented Disabled Veteran Business Enterprise (DVBE) in litigation and negotiating settlement of termination for convenience on State software development contract.

 

PUBLIC WORKS

Primary Attorney Contacts: Eileen M. Diepenbrock, Jennifer L. Dauer, Chris A. McCandless, Jonathan R. Marz

Represent prime contractors in various cases and arbitrations against Caltrans involving disputed claims for compensation for extra work on major highway improvement projects.

Represented prime contractor in action against local transportation district regarding claims for extra work during construction of major freeway improvement project, involving contract interpretation and application and relationship between contractual claims provisions and Government Code claim process.

Regularly advise clients regarding substitution of listed subcontractors under Subletting and Subcontracting Fair Practices Act, including representing clients in contested substitution hearings.

Assisted contractor in preparation of claim for submittal to CalTrans Dispute Resolution Board.

Represented levee contractor in preparing claims to Sacramento Area Flood Control Agency.

Regularly advise public owners and contractors regarding public owner contracting authority, void contract rule, and false claims.

Successfully represented the second low bidder in litigation regarding the mis-award of a public works project, resulting in a published decision in Valley Crest Landscape v. City of Davis, 41 Cal. App. 4th 1432 (1996).

 

PURCHASES

Primary Attorney Contacts: Jennifer L. Dauer, Eileen M. Diepenbrock

Represented bidder protesting and securing award of contract for sale of medical beds to the State.

Represented bidder protesting award of statewide fuel supply contract awarded using reverse auction methodology and obtaining settlement following protest hearing.

Represented fire retardant manufacturer challenging U.S. Forest Service restrictions on fire retardant at U.S. GAO, Court of Federal Claims, Court of Appeals for the Federal Circuit, Arizona District Court, and Ninth Circuit Court of Appeals.

Represented seller in negotiating agreement for local public entity’s purchase of a composting system and associated support.

 

SERVICES CONTRACTING

Primary Attorney Contacts: Jennifer L. Dauer, Eileen M. Diepenbrock

Successfully represented small business in federal bid protest on set-aside contract for review of medical billings.

Represented multiple contractors before California Department of Corrections and Rehabilitation’s Audit Review Committee in resolving disputes over payments on contracts for counseling and housing services for parolees.

In writ of mandate action, successfully represented bidder challenging denial of bid protest of contract for drug and alcohol diversion program monitoring and testing.

Represented marina concession contractor in litigation challenging State’s early termination of its contract.

Advised client in preparing bid to administer California “LifeLine” program.