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Federal Procurement & Claims

Finch, Thornton & Baird, LLP offers unparalleled experience to general contractors, subcontractors, suppliers, and manufacturers seeking success in the complex and highly regulated federal construction arena.  From setting up your business entity (or strengthening legal and contractual agreements) to helping you win contracts through aggressive bid protest strategies to fighting claims to ensure you get paid, our experienced attorneys are ready to go.


Startups and established businesses benefit from the firm’s expansive knowledge of business entity setup, formation, compliance, and regulatory requirements imposed by federal law or established by federal agencies including:

  • Federal Acquisition Regulations (FAR)
  • American Recovery and Reinvestment Act (ARRA)
  • Buy American Act
  • Small Business Administration (SBA)
  • Office of Federal Contracts Compliance Programs (OFFCCP)
  • Wage and Hour Division of the Department of Labor
  • Occupational Safety and Health Administration Division of the Department of Labor

Maintaining mutually beneficial relationships will be crucial to the success of your business.  So our experience in structuring partnering, teaming, and joint venture agreements is invaluable.  But our support doesn’t end there.  Your legal team works throughout the term of our representation to ensure that all certifications and approvals are current and in compliance, too.


Despite the obvious appeals of federal works contracts, winning them can prove highly challenging.  Solicitation ambiguities, protests by higher or lower bidders, and improper proposal evaluations by agencies are common.  In federal procurement, an ounce of prevention is worth a pound of cure.  By evaluating solicitations for flaws or weaknesses prior to bidding, we help clients avoid protests and create winning bids.  We know this through our representation of clients large and small in all manner of size, status, agency, and GAO bid protests.  After decades of delivering shrewd, timely, and well-researched bid protests, we know what it takes to deliver successful outcomes for our clients.


Helping clients win federal procurement can be gratifying.  It ensures an appreciative client, work force employment opportunities, and, occasionally, the chance to work on important national construction projects.  Few things are more rewarding to this firm, however, than seeing our clients receive the rightful compensation they deserve.  In fact, the principle of delivering net monetary benefits to our clients is central to our core values.  It is where our aggressive approach to claims and disputes representation, negotiation, and litigation shines brightest.  And where we stand the greatest potential to help clients maximize their profits.

Our expertise with Federal Contracts includes:

Business Formation and Contract Negotiation

  • Formation and certification of women owned small business, HUBZone small business, veteran owned small business, and 8(a) business and disadvantaged business enterprises
  • Partnering, teaming, and joint venture agreements
  • Prime contracts and subcontracts
  • Technology and licensing issues
  • Data rights

Bid Protests

  • SBA size and status compliance and protests
  • GAO and Court of Federal Claims (COFC) bid protests
  • Procuring agency protests

Claims and Disputes

  • Change orders and contract modifications
  • Requests for equitable adjustment (REAs)
  • Civilian Board of Contract Appeals (formerly GSBCA) and Armed Services Board of Contract Appeals
  • Contract Disputes Act claims
  • Miller Act bond claims
  • Contract termination under the FARs
  • Compliance

Settlement Of Federal Termination For Convenience

The firm’s client was terminated for convenience on a Federal project. The firm assisted the…

Government Accountability Office (GAO) Protest

The firm successfully protested the award of a United States Department of Air Force $45,000,000…

Barnhart-Balfour Beatty, Inc. v. Roofing Subcontractor, Roofing Manufacturer and Their Insurers

The firm represented the Design Builder concerning a roof failure on a classified military base…

Differing Site Condition – U.S. Military Design-Build Project, Island In Pacific Ocean

The Firm's client, a federal design-build contractor, encountered a differing site condition (hard rock) while…

Groundbreaking GAO Protest of Department of Veterans’ Affairs Solicitation

The firm successfully protested to the GAO the VA's award of a $23 million solar…

Defense Of Federal Miller Act Claim – Naval Base Fire Station

The firm’s client was the prime contractor on a federal design-build construction project—a new fire…

Federal Design Build Contractor v. Structural Engineer

The Firm represented plaintiff design/build contractor in a dispute with defendant civil engineer after the…

Defense of Federal Miller Act Claim

The firm’s client was the prime contractor on a federal design-build construction project on a…

Lower Tier Subcontractor v. General Contractor and Miller Act Payment Bond Surety

The firm represented a subcontractor on a federal work of improvement in Arizona.  The firm…

Subcontractor Default And Miller Act Claim – Department Of Army Project

The firm represented the prime contractor on a federal drainage channel project administered by the…

Defense Of Qui Tam False Claims Act Lawsuit On Light Rail Project

The firm’s client was the prime contractor on a regional light rail modernization project. A…

False Claim Act Defense – Multiple Municipal Rail Projects, Western United States

Finch, Thornton & Baird represented two prime contractors that performed large-scale municipal rail projects for…

Subcontractor Claims And Product Substitution: Federal Military Installation

The firm’s client was a prime contractor on a federal military base construction project. As…

Federal Contracting – Teaming Agreement Member v. Prime Contract Awardee

The firm represented a member of an oral teaming agreement who was not awarded a…

Government Accountability Office (GAO) Protest

The firm successfully protested the award of a $30,000,000 firm-fixed-price indefinite-delivery/indefinite-quantity contract before the Government…

Government Accountability Office (GAO) Protest

The firm successfully protested the award of a GSA IDIQ contract for construction and related…

Small Business Administration (“SBA”) Size Protest

The firm advised its client as to the structuring of an 8(a) joint venture to…

Architectural Aluminum Window Systems, Inc. v. Dick Pacific Construction Co., Ltd.

The firm’s client was a window subcontractor on a federal project at Schofield Barracks, Hawaii.…

GAO Protest of Department of Veterans’ Affairs Solicitation

The firm successfully protested the VA’s solicitation for the upgrade and renovations at the VA…

Bid Protest – Army Corps of Engineers

The firm represented a large prime contractor specializing in Federal work in a bid protest…

Kevcon, Inc. v. L.B. Contracting, LLC

The firm successfully obtained the dismissal of a federal court action filed in California against…

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