Contracts & Procurement
Specialized attorneys assist clients at every stage of the contracting lifecycle.
Contracts & Procurement
Specialized attorneys assist clients at every stage of the contracting lifecycle.
Effective help with contract departments, contract preparation, and procurement processes ensures clients BEGINNING-TO-END CONTRACT SOLUTIONS.
CONTRACT AND PROCUREMENT DEPARTMENT SOLUTIONS
With thousands of hours of contracts experience, Nyemaster attorneys:
- Establish contracting departments for procurement, sales, or both.
- Establish and implement policies, form agreements, and contracts systems.
- Define cost-effective contract policies.
- Set contract polices that reduce the time to contract and speed to market with a fair allocation of risk.
- Draft consistent contracts that mitigate risk to the client’s tolerance level.
- Assess existing contracts department processes and policies to enable efficiencies.
Objective, strategic, and efficient agreements and systems flow from this in-depth contract experience.
Nyemaster attorneys assist clients from the request-for-proposal/request-for-information stage through contract completion. Afterward, attorneys assist with vendor management. Knowledgeable attorneys help to establish:
- metrics
- dashboards
- alerts
- reporting
Accomplished attorneys also advise on best practices and strategies throughout the contracting lifecycle.
Efficient and cost-effective contract and procurement department services are at the core of Nyemaster’s legal practice. Some clients outsource their entire contract and procurement departments to Nyemaster.
CONTRACT DRAFTING AND REVIEW
Attorneys work closely with clients to support in-house contracting and procurement departments and other internal resources. Specialized attorneys serve as legal counsel for and extensions of in-house contract and procurement departments. For clients who are satisfied with their general ability to review and analyze contracts, additional legal resources and support are available.
Our skilled and experienced attorneys assist in:
- contract review and drafting.
- information collection, including meeting with internal and external stakeholders.
- negotiating with third parties.
- providing other contract services on an ad hoc basis .
Acting as an extension of the client’s procurement team, specialized attorneys:
- listen to the client’s needs,
- draft contracts according to those needs,
- identify gaps in complex transactions, and
- find solutions for those gaps.
CONTRACT SOLUTIONS FOR VARIED AGREEMENT TYPES
Our attorneys provide contract and procurement legal services and solutions for a wide range of agreement types, including:
- Outsourcing agreements, including for business processing, information technology, and claims processing outsourcing
- Technology agreements, including:
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- Software as a Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS)
- Cloud
- Artificial intelligence (AI)
- Internet of Things (IOT)
- Marketplace, enterprise, and core system software licensing
- Web hosting and development
- Licensing, joint venture, joint development, research, and other intellectual property agreements
- Distribution, supply, sales of goods, purchasing, sales representative, and franchise agreements
- Construction contracts for architects, owners, contractors, and subcontractors
- Operational agreements, including manufacturing, energy sales, offtake, equipment leasing, service, and management agreements
- Loan documentation and lending agreements
- Development agreements
- Comprehensive vendor management policies and procedures for all types of service providers
GOVERNMENT PROCUREMENT SOLUTIONS
Our attorneys combine an operative understanding of relevant procurement laws and regulations with practical experience.
- Our attorneys use this knowledge to guide clients through the lifecycle of government contracts.
- They help create strategic business plans to target market opportunities and provide counsel on drafting competitive offers and bids.
- They advise throughout the pre-award phase and debriefings.
- They negotiate performance and ensure compliance throughout the award and administration of a contract.
Our attorneys help clients quickly pivot to meet complex and rapidly changing market conditions. Nyemaster works within the full spectrum of government contract issues, including:
- Litigation. We have direct experience with the wide variety of disputes that come out of the negotiation and performance of government contracts, including breach of contract, disputes between prime and subcontractors, teaming agreement issues, and federal litigation involving the False Claims Act and qui tam actions, the Procurement Integrity Act, and the Sherman Act.
- Bid Protests. Our team has representative experience in bid protests and claim disputes before the Government Accountability Office (GAO) and the Court of Federal Claims. Our attorneys also represent clients in state and local procurement award protests.
- Ethics, Compliance, and Mandatory Disclosure. We have experience creating, reviewing, and implementing ethics and other compliance programs related to acquisition integrity. We advise clients on Federal Acquisition Regulation (FAR) mandatory disclosure requirements and related responsibility matters. We help clients identify best practices to proactively demonstrate compliance and fiscal responsibility.
- Internal and External Investigations. We assist clients through criminal, civil, and administrative investigations initiated by anonymous and whistleblower reports, audits, and contracting officers of government contracts. We aim to mitigate risk and resolve problems as early as possible through negotiation using our experience as government contract counsel.
- Suspension and Debarment. We have extensive experience and understanding of the administrative remedies related to procurement integrity and the potential exclusion of contractors from government contracting, including suspension and debarment.
- Teaming/Subcontracting. We help companies form and execute strategic alliance arrangements, such as mentor-protégé joint ventures and subcontracting teaming. We counsel on the formation of all socio-economic programs within the Small Business Administration and represent them and other teaming arrangements throughout the life of their procurements.
FULL-RANGE CONTRACT SERVICES
Nyemaster attorneys represent clients in a wide range of business transactions and business relationships. To do so, attorneys call on the firm’s broad and deep legal resources. Our attorneys work with specialized transactional attorneys in areas such as:
- Business and Commercial Transactions
- Business Organizations
- Commercial Real Estate Finance
- Cybersecurity and Privacy
- Electronic Commerce
- Franchise and Distribution
- Intellectual Property
- Labor and Employment
CONTRACTS FOR DIVERSE INDUSTRIES
Nyemaster attorneys collaborate with business attorneys focused on a wide variety of industries, including: