Government Grants: Procurement

Venable’s federal grants attorneys help grant recipients navigate the complex federal procurement standards, providing practical federal procurement guidance to develop compliant policies, conduct fair and competitive procurements, and defend practices in audits and agency reviews.

Our team assists clients with interpretation and application of the federal procurement standards, as well as the flow-down terms applied to grant recipients. Such assistance includes:

  • Developing procurement policies and procedures, including internal guidance and reference guides to assist in the implementation of these requirements
  • Developing procurement-related policies and procedures, such as personal and organizational conflicts-of-interest policies, firewall agreements, gift and ethics policies, and mandatory disclosure policies and procedures
  • Training of staff and other personnel to ensure compliance with the procurement requirements
  • Drafting and negotiation of requests for quotes or proposals and solicitations; preparing guidance and instructions on the objective evaluation and consideration of offers; and developing independent cost estimates and other evaluation documents and guides
  • Developing and negotiating teaming agreements, subcontracts, and related documents for prime contractors and lower-tiered subcontractors servicing federally funded grant programs
  • Counseling clients on procurement rules, regulations, and compliance with such guidance
  • Defending procurement policies, procedures, and practices in agency reviews, audits, and investigations

Procurement is one of the most commonly audited areas of a grantee’s performance under a federal program. Ensuring that your organization adheres to applicable procurement requirements is key to maximizing your recovery under your federal grant. Venable’s grants team has a wealth of experience and practical know-how that can assist in ensuring compliance with these rules.

Representative Matters
+

  • Served as outsourced contract counsel for a newly created state agency administering over a billion dollars in HUD funds. Representation included designing, developing, and implementing procurement policies and procedures, including personal and organizational conflict-of-interest policies and procedures; preparing solicitation and contract document templates, including individualized agreements and master agreements; drafting and implementing document retention policies, procedures, and practices; training legal staff on applicable laws and regulations, as well as the newly implemented policies and procedures; and assisting and advising staff on solicitation, evaluation, and contract negotiations
  • Serve as outsourced contracts/subgrant counsel for several national nonprofit organizations. Guidance and support include but are not limited to drafting and negotiating solicitation and procurement documents and non-disclosure agreements, and related policies and procedures; preparing partnership, teaming, joint venture, and other related documents; training staff; and defending policies, procedures, and documentation in federal funding agency audits
  • Advised and counseled a quasi-federal entity on federal grant procurement requirements, specifically those relating to organizational conflicts of interest (OCIs). Developed and advised client on an OCI policy, procedures, and practices relating to design-build and other complex contracting efforts
  • Counseled a national nonprofit on federal grant procurement regulations and developed procurement and document retention policies. Provided ongoing counseling and training to client
  • Prepared numerous contract determination and procurement policies for various recipients of federal funding, as well as accompanying training
  • Performed contract/subrecipient determination analyses for numerous clients
  • Assisted local government entities with request for proposal drafting and review in infrastructure and equipment purchase procurements
  • Separately assisted both a large conservation organization and a healthcare service delivery entity with certain conflict-of-interest requirements related to construction accomplished in separate design and build phases, navigating challenges in ongoing procurements
  • Advised a large nonprofit healthcare provider with respect to use of federal grant funds as part of the financing in a new market tax credit transaction
  • Represented a Department of Labor (DOL) grant recipient in cost disallowance related to alleged failures to follow the federal procurement standards, successfully demonstrating that the allegedly improper procurement approach did not lead to lost value on the part of the government and therefore did not warrant a cost disallowance. Assisted multiple HHS grantees with respect to similar arguments and evidence in the context of cost disallowances