Government Contracts

Strategic Counsel Across Federal Funding Opportunities: Contracts, Grants, Loans, Equity Agreements and Other Transaction Agreements (OTAs)

Akin is a leader in the representation of clients pursuing federal funding opportunities, including contracts, grants, loans, equity agreements and other transaction agreements (OTAs). Our government contracts lawyers provide a full range of services to clients that do business with governmental entities and are experienced in all aspects of federal procurement and financial assistance, including negotiation, compliance, investigations and disputes.

Our team of highly skilled strategists assist clients throughout the lifecycle of federal awards and funding opportunities, including compliance, contract negotiations, policy issues and appropriations matters, as well as investigations, claims, bid protests and litigation. Our practice is anchored in deep industry insight and significant experience helping clients see around corners as they navigate the complex federal processes.

What Sets Akin Apart

Akin has one of the most experienced and sophisticated government contracts practices in the United States. Our government contracts lawyers draw from a wide range of resources and technical experience to help clients evaluate, negotiate, secure and participate in unique federal funding programs such as those administered by the Departments of Commerce (DOC), Energy (DOE) and Defense (DOD), including the Creating Helpful Incentives to Produce Semiconductors for America (CHIPS) Act, DOD and DOE loans, and Defense Production Act (DPA) agreements. We provide bespoke advice tailored to each client’s business objectives while also meeting the key regulatory requirements.

Notably, Akin is among a handful of firms advising on deals involving the U.S. government taking direct equity stakes in private companies, particularly within strategic sectors such as technology, aviation and critical minerals & materials. Our lawyers are the engineers behind these complex, nontraditional deals that include ownership stakes, departing from traditional grant or loan models.

Our government contracts lawyers also work hand in hand with our bipartisan lobbying & public policy group to draft and analyze legislation shaping the industry. Akin is renowned for having well-established relationships with policymakers in Congress and federal and state regulatory agencies that help our lawyers effectively represent companies in every regulated industry.

We are well versed in the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS), and other agency supplements, providing detailed guidance on Cybersecurity Maturity Model Certification (CMMC), controlled and classified information, cybersecurity & data protection and help ensure clients comply with National Institute of Standards and Technology (NIST) security standards.

We provide counsel on the regulatory & compliance requirements associated with the following laws, regulations and federal programs, among others:

2 CFR Part 200
Anti-Kickback Act
Build America, Buy America Act (BABAA)
Buy American Act
Cargo Preference Act
CHIPS Act
Davis-Bacon Act
Domestic content and foreign entity of concern (FEOC) requirements
Infrastructure Investment and Jobs Act (IIJA)
National Environmental Policy Act (NEPA)
One Big Beautiful Bill Act (OBBBA) and Inflation Reduction Act (IRA)
Title VI and VII of the Civil Rights Act
Trade Agreements Act.

Our experience includes providing comments on rulemaking and the overhaul of procurement processes, including advising on the FAR overhaul and FAR deviations. We also assist clients on General Services Administration (GSA) contracting, including advice on GSA’s OneGov strategy.

Our team represents corporate and investment fund clients and other companies on high-stakes mergers & acquisitions (M&A) that involve contracts with the government. We advise on asset purchases involving government contracts, change-of-control provisions, exclusivity provisions, most favored customer pricing, economic sanctions, export controls, cybersecurity, privacy & data protection, contract terms, employee benefits and executive compensation, finance, antitrust/competition and schedule preparation.

We provide advice on deal structures, conduct due diligence and counsel clients on critical supply chain issues, including as related to the Defense Production Act and Section 889 of the National Defense Authorization Act (NDAA).

Our experience also includes advising on claims under terminations for convenience and default and litigating appeals under the Contract Disputes Act at the Board of Contract Appeals and Court of Federal Claims. We litigate bid protests and defend individuals and corporations in a wide range of administrative, civil and criminal proceedings, including fraud investigations and whistleblower lawsuits.

Our clients include Fortune 500 companies, investment funds and their portfolio companies, ship building companies and ports, developers and operators of energy & infrastructure projects, technology and transportation companies, universities, financial institutions, professional service providers and start-ups, as well as other recipients of federal funding. We represent clients across numerous other sectors, including renewable energy, mining, minerals & materials, health care & life sciences, investment management and aviation, space & defense.

Our Services

Areas in which we advise clients include the following:

What Sets Akin Apart

We provide counsel on the regulatory & compliance requirements associated with the following laws, regulations and federal programs, among others: