Attorneys from Arnold & Porter’s esteemed government contracts & national security practice give us a window into what it really means to work in government contracts.
Chambers Associate: In layman’s terms, what are government contracts?
Kristen Ittig, partner: The U.S. federal government is one of the largest customers for every good and service across a wide range of sectors, including defense and aerospace, construction, healthcare and IT, among others. The government tries for uniformity in its contract terms and its purchases are largely governed by the Federal Acquisition Regulations (FAR). Except for specialized items that are made just for the government, the government’s goal is to purchase just like a commercial customer. That said, because the government’s purchases are made with taxpayer dollars, transparency, competition and fairness are all goals. In addition, the government imposes some additional terms and conditions that the rest of the marketplace cannot impose. For instance, government contracts are terminable for the government’s convenience.
CA: What does Arnold & Porter’s government contracts practice entail?
Ittig: Arnold & Porter represents a broad cross section of entities that sell to the government, including household name U.S. and international defense contractors building complex systems and hardware for the government as well as small start-ups offering cutting-edge technologies to intelligence community customers. We help our clients to navigate the unique statutory and regulatory constraints and other challenges confronting firms selling to the government. We are involved every step of the way: when a client believes the government wrongfully awarded a contract to competitor instead of to the client, we bring challenges to those awards through bid protests that by statute, usually must be resolved within 100 days. When a client is struggling to understand and comply with the government’s unique terms and conditions, we provide counseling and insights on a range of issues including national security, export controls, domestic preference and cyber readiness, among others. When the government changes the terms of the agreement, we help to resolve those issues as well. And when a government contractor is acquired by another entity, we are part of that work too.
CA: What type of work can associates expect to be doing?
Ittig: Government contractors need everything that other clients need, so our attorneys are exposed to a broad cross-section of issues. A core part of work is the high-stakes and fast-paced bid protest litigation we handle. Regulatory compliance counseling and transactional/M&A work is also at the core of our practice. Our clients have needs in other areas too, like environmental counseling and real estate, so there is always a variety of work. Our associates typically work on all of the core issues and are also encouraged to develop niche areas of expertise, where they can become the “go-to” resource on topics like export control, domestic preferences, FOIA, or cost accounting.
"It is not uncommon to work on four, five, or six different matters each day..."
CA: What does the day-to-day of your practice look like?
Thomas Pettit, senior associate: One of the great things about government contracts law is each day is different because the practice area is so broad. It is not uncommon to work on four, five, or six different matters each day, which could include litigation like bid protests and contract disputes/performance issues, transactions involving government contractors, counseling on various regulatory compliance issues, representing contractors in investigations, and more.
CA: Are there any factors/trends currently driving work in the area?
Pettit: Government contracting issues and trends are often a reflection of current events. For instance, changes in presidential administrations can have significant impacts on government contractors, including through policy changes, different spending priorities, new regulations, and more, and we are seeing a number of significant changes with the second Trump Administration. As another example, as the world becomes increasingly connected through the Internet of Things, the U.S. Government and government contractors are facing significant challenges with information security, including cybersecurity, which has led to various statutory, regulatory, and policy changes.
CA: How will the results of the 2024 election impact the work lawyers carry out in this area?
Pettit: As noted, the transition from the Biden Administration to the second Trump Administration has led to a variety of policy changes, which have created compliance challenges for government contractors. Some examples are: President Trump has issued executive orders relating to diversity, equity, and inclusion; President Trump issued an executive order requiring agencies to remove ten regulations for each new regulation, which affects compliance obligations; tariffs will likely affect the cost of goods and services that contractors sell to the Government; reductions in the federal workforce create challenges for contractor interactions with the Government; and the Trump Administration’s prioritization of domestic issues over international issues has changed the U.S. Government’s contracting priorities. Government contractors are turning to their lawyers for support on navigating this changing landscape.
"The most challenging aspect of being a government contracts attorney is also the most exciting: the breadth and depth of work we do for our clients."
CA: What’s the most exciting aspect of being a government contracts lawyer? Conversely, what are some of the more challenging aspects of government contract work?
Sonia Tabriz, partner: The most challenging aspect of being a government contracts attorney is also the most exciting: the breadth and depth of work we do for our clients. For my part, I provide counseling, litigation, investigations and deal support to companies across a variety of industries that have one thing in common — they do business with the U.S. Government. To make sure our clients are always in the know, I closely track developments in the law and monitor for potential policy shifts. I also invest heavily in learning each client’s business, including what it delivers and how it operates, and getting to know key stakeholders and their respective interests. That investment allows me to develop a tailored legal strategy that furthers the company’s goals. No two days are the same. This work is demanding, and those demands are often difficult to predict or plan for. But that, to me, is exhilarating. This dynamic practice area is endlessly engaging, especially when the stakes are the highest, and enables me to build close relationships with my clients, which makes being a government contracts attorney deeply rewarding too.
CA: Can you briefly outline a highlight matter that you’ve recently worked on in the space?
Tabriz: I maintain a broad government contracts and national security practice. This means I get to work on a wide variety of interesting matters. For example, I recently advised Intel Corporation in negotiating a multibillion-dollar award under the CHIPS and Science Act. This law aims to increase U.S. semiconductor manufacturing and research and development capabilities. I also represented Booz Allen in a putative consumer class action relating to its operation of the Recreation.gov website for the U.S. Government, in which we secured a complete and voluntary dismissal with prejudice. These unique matters supplement my traditional government contracts work, including bid protests and claims litigation as well as counseling on the complex web of statutes and regulations with which our clients must comply.
CA: What skills and/or experiences lend themselves well to succeeding in the practice?
Pettit: Intellectual curiosity is critical. The projects that government contracts lawyers work on are as broad as the products and services that U.S., state, local, and foreign governments purchase, which is just about every product and service you can imagine and then some. We might not be rocket scientists or nuclear physicists, but if a client comes to you with a matter relating to a government contract for a rocket system or a cutting edge microreactor to provide nuclear energy, you will have a lot of learning to do. Gaining experience with statutory and regulatory interpretation and administrative law is also important. Government contracts lawyers spend a lot of time interpreting statutes and regulations and applying those interpretations in various ways, including in challenging government procurements through bid protests, identifying and advising on risks in transactions to acquire government contractors, and counseling contractors on compliance issues.
CA: What unique opportunities does Arnold & Porter’s government contracts practice offer?
Pettit: Arnold & Porter’s Government Contracts and National Security Practice is a true full-service government contracts shop. We represent clients across industries in litigation and investigations, including bid protests, small business status protests, contract claims, subcontractor disputes, False Claims Act matters, Freedom of Information Act disputes, and more. We also represent clients in various types of transactions, including mergers and acquisitions on the buy side and sell side and forming mentor-protégé, teaming, joint venture, and subcontracting arrangements. We regularly counsel clients on a variety of other matters, including those relating to information security/cybersecurity, security clearances, lobbying, export controls, and sanctions. The subject matter is also incredibly diverse. As some examples, we have represented clients in litigation and counseling for space-related procurements, including satellites and space travel/missions; litigation and counseling for special forces training and support; acquisitions of companies that develop state-of-the-art military technologies; litigation involving microreactors for nuclear energy at military installations; and foreign military sales to international sovereign entities. Government contracts law has a steep learning curve, but associates who join our practice have opportunities to contribute in meaningful, substantive ways from day one.
CA: How can students demonstrate an interest in and a good understanding of the practice?
Pettit: Look for opportunities to get exposure to government contracting. That could include taking a government contracts class if your school offers one; pursuing summer employment, including as a government or in-house intern or as a summer associate with a law firm that has a government contracts practice; and clerking at the U.S. Court of Federal Claims or one of the Boards of Contract Appeals after graduation.
"...government contracts law has something for everyone."
CA: What advice do you have for students interested in a career as a government contracts lawyer?
Pettit: I will start with a note to all law students, including those who think they are not interested in government contracts law. Keep an open mind. Those unfamiliar with this practice area often assume that government contracts lawyers focus on drafting or negotiating contracts with the government. To be sure, that is one element of the practice, and it is a very interesting one, especially when we are called on to negotiate contracts making headlines, such as those for COVID-19 vaccines during the pandemic or a multi-billion-dollar CHIPS Act grant for developing and manufacturing semiconductors. But government contracts law is much more than that. It is arguably the broadest legal practice that exists. Whether you are interested in litigation, transactions, compliance counseling, investigations, or national security, government contracts law has something for everyone.
Students interested in government contacts law have multiple paths for successful careers. Law firms offer unique opportunities because you will have exposure to various types of clients, industries, matters, and training. There are also fantastic opportunities in government, whether it is serving as legal counsel to a government agency, a bid protest attorney at the Government Accountability Office adjudicating bid protests, a lawyer in the Department of Justice Civil Division, and more. There are also junior in-house opportunities at government contractors where you can advise the business on various challenges. If you want to know what life is like in those roles, consider going to career panels, exploring the American Bar Association or other organizations, and reaching out to practitioners.
