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The federal marketplace is more competitive than ever because of the growing number of consolidated contracts and fewer contracting opportunities. Our Government Contracts Advocacy and Federal Marketing Practice assists contractors by: 1) advocating for statutory, regulatory, and policy changes to improve the fairness and operation of the federal acquisition system; and 2) providing marketing support to enhance the competitiveness of contractors in the public sector.

"Early engagement with federal procurement officials can improve acquisition policies and enhance a company’s competitiveness and marketability. The value of strong business relationships in the federal marketplace should never be underestimated."

Robert A. Burton, Partner

Advocacy Support

Our services include:

  • Advocacy support for governmentwide or agency–specific acquisition reform proposals.
  • Development of advocacy position papers and persuasive messaging for presentations to policy decisionmakers at the Office of Federal Procurement Policy (OFPP), GSA, DHS, Senate and House committees, and others.
  • Introductions and outreach to procurement policy officials in Congress, OFPP, and the federal agencies.
  • Development and placement of commentaries on acquisition reform in major trade publications and news outlets.
  • Development of draft language to amend federal procurement statutes, the Federal Acquisition Regulation, and agency procurement policies.
  • Expert witness testimony in support of court and arbitration cases involving government contracts issues.

Federal Marketing Support

Our services include:

  • Development of contractor business relationships with agency Senior Procurement Executives and program managers.
  • Advocacy for full and open competitions or small business set-asides, as appropriate.
  • Assistance with business intelligence and the development of effective capability briefings for senior agency officials.
  • Research of agency contracting opportunities and the history of previous competitions for the same or similar contracts.
  • Introduction of companies to existing federal prime contractors for business opportunities such as teaming, mentor-protégé, and subcontracting; drafting of necessary agreements.
  • Post-award resolution of contract issues through early engagement with appropriate agency officials, thereby reducing the potential for formal disputes and litigation.
  • Improvement of corporate ethics and compliance programs to enhance the competitiveness and marketability of a company’s products and services.

Depth of Experience

Rob Burton, a partner in the Government Contracts Group, leads Crowell & Moring’s Advocacy and Federal Marketing Practice. Rob is uniquely positioned to support clients on procurement policy issues and marketing strategies, having served in the Executive Office of the President as the Acting and Deputy Administrator of the Office of Federal Procurement Policy, the top career procurement official in the U.S. Government. As a result of his 30-year government career in acquisition, he has exceptionally strong relationships with agency Senior Procurement Executives, procurement professionals on Senate and House Committees, the trade media, and a wide range of contractors who do business with the federal government. Rob also works closely with major associations that have government contractor members, including the Professional Services Council and the National Contract Management Association.

Examples of Our Success

  • Advocated for and secured bipartisan passage of a major, standalone acquisition reform bill.
  • Advocated for and ensured inclusion of acquisition reform provisions in the annual National Defense Authorization Acts.
  • Worked with OFPP to ensure more competition and innovative approaches to federal procurement.
  • Persuaded agencies to compete opportunities that had been inappropriately sole sourced for years.
  • Avoided formal contract disputes and litigation by engaging senior agency procurement officials.
  • Worked with DOE to ensure more efficient use of a client’s agency-wide Blanket Purchase Agreement.
  • Worked with OFPP to ensure that certain acquisition reform recommendations submitted by the Section 809 Panel are prioritized.
  • Worked with GSA and SBA to deviate from the requirements of a governmentwide acquisition vehicle to allow for more small business participation.
  • Worked with senior agency procurement executives to identify appropriate program managers for client marketing purposes.
  • Successfully secured small business set-aside and full and open competitive opportunities at various agencies.
  • Resolved contentious legal issues with senior-level agency attorneys.
  • Developed a successful media campaign to influence the direction of an agency’s procurement and competition policies.

View More

"You Snooze, You Lose: Contractor’s Compensation Costs are Not Expressly Unallowable When the Government Delayed in Setting Annual Cap," Government Contracts Bullet Points (June 16, 2021). Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Skye Mathieson, Erin Rankin, Catherine O. Shames
Client Alert/Newsletter
"District Court Reverses Course on Whether Kickbacks Presumptively Inflated Government Costs Under the False Claims Act," Government Contracts Bullet Points (June 15, 2021). Contacts: Stephen M. Byers, Brian Tully McLaughlin, Amy Laderberg O'Sullivan, Jared Engelking, Bridget Carr
Client Alert/Newsletter
"Fastest 5 Minutes: National Security, Mandatory Disclosures, Small Business (June 15)," Podcast: Fastest 5 Minutes in Government Contracts (June 15, 2021). Contacts: Peter Eyre, M. Yuan Zhou
Client Alert/Newsletter
"False Claims Act Consent Judgment Can Prompt Termination of SDVOSB Status Even Without an Admission of Liability," Government Contracts Bullet Points (June 14, 2021). Contacts: Olivia Lynch, Brian Tully McLaughlin, Lyndsay A. Gorton, Zachary Schroeder
Client Alert/Newsletter
Legal 500 United States Ranks Crowell & Moring in Six Practice Areas in 2021 Guide (Jun.14.2021)
Firm News/Announcement
Apple Is Said To Have Turned Over Data On Trump’s White House Counsel In 2018 The New York Times (June 13, 2021)
Media Mentions
"How Vast Government Aid and Imaginative Enforcement Could Mean FCA Liability for a Growing Breadth of Industries," Government Contracts Bullet Points (June 10, 2021). Contacts: Preston L. Pugh, Danielle Rowan
Client Alert/Newsletter
DOJ Is Getting More Imaginative With False Claims Act Enforcement And Hitting A Growing Range of Organizations (June 8, 2021). Authors: Preston L. Pugh, and Danielle Rowan.
Publications
"False Claims Act Settlement Highlights DOJ’s Continued Pursuit of Large Contractors That Fail to Meet Subcontracting Requirements," Government Contracts Bullet Points (June 8, 2021). Contacts: Stephen M. Byers, Olivia Lynch, Brian Tully McLaughlin, Amy Laderberg O'Sullivan, Jared Engelking
Client Alert/Newsletter
Are You A New U.S. Government Contractor? Here Are Answers To Frequently Asked Questions (June 3, 2021). Authors: Gail D. Zirkelbach, Peter Eyre, William B. O'Reilly, and Zachary Schroeder.
Publications

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Crowell & Moring LLP is an international law firm with approximately 550 lawyers representing clients in litigation and arbitration, regulatory and policy, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity, equity and inclusion. The firm has offices in Brussels, Doha, London, Los Angeles, New York, Orange County, San Francisco, Shanghai, and Washington, D.C.

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