Government funding comes in many forms, with traditional procurement contracts being just one of the tools the federal government has to advance its agenda. Grants, cooperative agreements, technology investment agreements, other transaction agreements (OTAs), and other non-traditional arrangements are playing an increasingly important role. The federal government relies on these instruments to fund high-visibility initiatives — from bolstering domestic manufacturing and supply chain capacity to advancing national security and industrial base objectives.

We advise on rapidly evolving, legal, regulatory, and policy changes, including government efforts to impose new and different requirements on existing awards. Our team has extensive experience negotiating non-procurement agreements, including grants, cooperative agreements, and OTAs, with various federal agencies, including the Department of Commerce and the Department of Defense. Our team also has extensive experience guiding clients through the complex and evolving compliance framework set out in 2 CFR Part 200 and other agency-specific regulations, including subrecipient flow-downs, cost accounting requirements, domestic preference limitations, as well as unique intellectual property issues such as the Bayh-Dole domestic manufacturing requirements and the SBIR program's Phase III data rights provisions.

Federal audits and enforcement actions have grown along with grant funding, and our lawyers are experienced in shepherding clients through these reviews, as well as providing guidance in addressing grant termination/non-renewal, down-scoping, False Claims Act allegations, and other challenging situations. We analyze and litigate claims against the federal government involving the impacts of recent developments on existing awards, including challenging issues of jurisdiction, standing, and venue. We also provide guidance on corporate transactions in which grants and other non-procurement funding agreements are part of the acquired portfolio. We are trusted advisors to a full range of recipients and subrecipients, including nonprofit organizations, educational institutions, municipalities, government contractors, and commercial companies.

As federal agencies expand their use of grants and alternative funding agreements, and as political and regulatory shifts put existing funding streams under pressure, our counseling and litigation have been critical to helping clients to protect billions in federal support, remain compliant, and secure new awards. Our experience positions us to support clients navigating one of the most dynamic and consequential areas of government funding.