Daniel J. Katz & Associates
Counselors at Law 6290 Montrose Road Rockville, MD 20852 (301) 881-6077 KatzLaw@msn.com |
Practice Areas The solutions to these problems are found by careful factual analysis and a determination of the rights and responsibilites of the parties as set forth in the contract, applicable statutes, regulations, and case law. In addition to counseling clients during all stages of the procurement process, we are capable of representing clients during Contract compliance audits, Equal Employment compliance audits, Buy American Act compliance audits and in litigation before adminstrative agencies and in Federal and State Courts.
Our offices in Rockville, Maryland contain an extensive library of Government Procurement materials. Additionally, our convenient location places us within minutes of downtown Washington, D.C., Boards of Contract Appeals, the United States Court of Federal Claims, the United States Court of Appeals for the Federal Circuit, the United States Supreme Court, and many governmental agencies.
The firm represents owners, prime contractors, subcontractors, design professionals, suppliers and sureties, commencing with the initiation of a construction project through completion and, when necessary, before courts, administrative bodies and arbitration panels. Among the services we are able to provide our clients are the preparation, evaluation and negotiation of proposed contracts, interpretation of contract provisions, and the evaluation and preparation of claims arising during contract performance.
As a result of our daily involvement in Federal, State and Municipal procurement, the firm represents hardware and software vendors, suppliers, and manufacturers who deal with Government contracts and who require assistance in bidding, proposal development, and completion of performance. We also represent individual and corporate clients in the obtainment of GSA and Federal Supply Schedule contracts.
Due to the myriad of governmental laws and regulations which abound in this area, and to the often highly complex and technical nature of many Solicitations and proposals, counsel may range from the explanation of esoteric procurement policies to a determination of the precise meanings and effects of contractually binding provisions, statutes, rules and regulations.
Correspondingly, understanding the nature and extent of a contractual relationship increases the likelihood of obtaining a contractual undertaking and facilitates successful performance. As an example, in an advertised procurement, the low bidder must be reponsive to the Solicitation. To the extent that the apparent low bidder is not responsive, its competitors may seek to cancel the award and substitute themselves as the successful offerors. In the past, our clients have been on both sides of this fence and have successfully pursued or defended awards with the aid of counsel by determining the applicable rules and regulations and by applying facts pertinent to their particular situations.
In addition to facilitating negotiations, or adding a competitive edge, interpretation of contractual provisions may often be required during performance of a contract in determining the various rights of the parties. For example, interpretation of a provision by a Federal Agency may cause an increase in actual or potential expenses (through increased liability exposure) far in excess of the net worth of the contractor. However, without an appropriate legal basis with which to contest this determination, a contractor may be liable for breach of contract by failing to make progress in the performance of a contract during the period of conflict resolution. Often, the Government may then terminate a contractor for default and seek excess damages for reprocurement. Although legal assistance will invariably be requested at this later stage, it is usally an expensive proposition and may not prove to be as effective as having the advice of counsel during the preliminary stages of a dispute. By advising our clients at the first signs of conflict, we are in many instances able to prevent a full scale dispute with all its attendant harmful economic consequences.
While many general practice law firms serve in particular locales or jurisdictions, our firm has the capacity to serve as lead counsel in multi-forum or complex litigation. This is essential in highly technical cases which often simultaneously span across several areas of the United States. This type of representation is particularly important as a deterrent towards escalation of conflicts into full scale disputes and as an aid towards early settlements. |
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