Arnold & Porter lawyers represent developers and investors in many aspects of federal agency leases, from procurement, award, and financing, to end-of-lease holdover and condemnation issues, as well as public/private partnerships, ground leases, procurement challenges, and contract claims. Our practice involves transactions with not only the US General Services Administration (GSA), but with other agencies with independent and sometimes unique procurement authorities. We have a team of real estate and government contracts practitioners who work together seamlessly to efficiently advance our clients’ interests. This cooperative effort extends to our counseling and litigation matters—when the possibility of a dispute arises, we do not farm the matter out to a separate litigation team, but rather handle it within the core team that the client has retained. In addition, we also regularly call on our tax, bankruptcy, and environmental groups as needed.
Leasing and Other Transactions
Our federal transactional practice is broad-based. We advise clients who are new to the peculiarities of dealing with the federal government in real estate transactions and also those who are very familiar with federal government tenants. Some clients seek upfront advice in positioning a deal for efficient financing that leverages the creditworthiness of the federal tenant while others are involved in acquiring, investing, and disposing of properties occupied by federal tenants. We handle many aspects of federal leasing transactions, including providing advice regarding responses to government solicitations for space and negotiating lease terms after lease award and during financing.
We represent clients in the financing of government-leased buildings through bond financings and conventional loans. We are familiar with rating agency requirements and concerns, and often explain government lease provisions and issues to both rating agencies and lenders. We regularly facilitate communications between lenders and government agencies that are critical for financings to proceed efficiently.
We are often called on to address lease administration issues including construction-period questions and claims, as well as lease renewals and extensions.
Our transactional practice also involves representing owners in the negotiation of public-private partnerships under Section 111 of the National Historic Preservation Act and other unique or flexible authorities. We also have assisted clients in obtaining site-specific legislation to allow for the conveyance of federal land to private parties.
We have implemented creative solutions to government contracting problems such as the federal government’s inability, pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, to convey fee title to real estate that contains environmental hazards.
We often represent owners and investors in disputes related to the award of a government lease or issues that arise during the lifespan of a lease.
Arnold & Porter lawyers regularly handle litigation against the federal government involving real estate matters, including bid protests before the Government Accountability Office and the Court of Federal Claims (COFC) and claims before the COFC and the boards of contract appeals. We also assist clients in dealing with federal tenant holdover issues, including threatened condemnation actions. Our government contract litigators work closely with our real estate lawyers to ensure that matters are properly positioned should disputes arise.