Capabilities
Real Estate

Federal Transactions and Public-Private Partnerships

Our lawyers represent developers, owners and investors in all aspects of federal real estate. In particular, our attorneys are expert in federal agency leasing, from procurement, award, and financing, to end-of-lease holdover and condemnation issues.

We work on transactions with the US General Services Administration (GSA), as well as other agencies with independent procurement authorities. Our real estate and government contracts practitioners work together seamlessly to efficiently advance our clients' interests both in transactional matters and, where necessary, through litigation. We regularly call on our Tax, Bankruptcy and Restructuring, and Environmental groups as needed. 

Our federal practice involves:

  • Responding to government solicitations and negotiating lease terms after lease award and during financing;
  • Financing government-leased buildings through bond financings and conventional loans, including addressing rating agency requirements and concerns;
  • Participating in acquisitions of properties with federal tenancies, including handling due diligence, drafting purchase and sale agreement provisions to address unusual government provisions, and negotiating the unique documents needed to transfer federal leases and assign rents to lenders;
  • Selling or transferring property to, and acquiring property from, the government under its various procurement and exchange authorities;
  • Implementing 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;
  • Addressing federal tenant holdover issues, including threatened condemnation actions;
  • Defending or bringing procurement challenges.

We also specialize in public-private partnerships and other transactions between our private sector clients and local government bodies, including the Washington Metropolitan Area Transit Authority (WMATA), various agencies of the District of Columbia, and municipalities throughout the country.

Experience

Washington, DC Based Developer Defense of bid protest

Represented a Washington/Baltimore area developer in successfully defending its award of a 15-year one-million square foot US Government Services Agency lease for the US Department of Health and Human Services in Rockville, Maryland.

National investor Potential GSA leases

Advised investor regarding responses to solicitations for over 800,000 square feet in Northern Virginia.

Real estate developer Negotiation of lease extensions on multi-building complex

Represented developer in negotiation of lease extensions on multi-building complex of approximately 900,000 square feet in connection with BRAC relocations.

Non-profit organization Lease of building to GSA

Lease of a 385,000 square foot building in Washington, DC to GSA for occupancy by the US Department of State.

A private research institution GSA lease solicitation
Major private research institution in connection with the procurement of an agreement to construct a federal building on federally owned land in Cambridge, Massachusetts in exchange for the conveyance of adjacent land.
More

Perspectives

Federal Contracts Alter Usual Rules For Commercial Leases (pdf)

Government Contracts Law360. Also ran in Real Estate Law360

Overview

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