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;
  • Negotiating public-private partnerships under Section 111 of the National Historic Preservation Act and other flexible authorities;
  • 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.

Real estate developer Sale, lease back, and project financing

Represented developer with the acquisition of land from the federal government, the lease back to GSA of a large building for the DOT, and related project financing.

Major real estate developer Securitized financings of GSA and non-GSA federal leases

Represented a major Northern Virginia developer in securitized financings of GSA and non-GSA federal leases totaling over $500 million.

Investment fund Acquisition of Northern Virginia portfolio

Represented investment fund in acquisition of Northern Virginia portfolio including buildings with leases with government agencies in excess of 200,000 square feet.

National investor Potential GSA leases

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

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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