Practice Areas

Complex and Innovative Litigation With The Federal Government

Government Contracts

Federal Timber Contracts

Natural Resource Law

Concessioners/Guides/Outfitters

Construction Contracts

Bid Protests

Federal Appropriations Law / Underfunded Mandatory or Entitlement Programs

International Trade and Customs Law
To see our material on International Trade and Customs Law in Mandarin click here

Litigation Regarding State And Local Government Financial Relations With The Federal Government

Small Business Administration Matters

Antitrust

Legal Services For Industry/Nonprofit Environmental Organizations

 

COMPLEX AND INNOVATIVE LITIGATION WITH THE FEDERAL
GOVERNMENT

Based on its litigation expertise and a tradition of determined representation of its clients, Saltman & Stevens has handled a large number of matters in which innovative ideas were brought to bear on complex questions of federal law. For example, we have represented a broad coalition of local governments, private businesses and recreationists all the way to the Supreme Court in their challenge to former President Clinton’s creation of a National Monument in California (click here to see a copy of the Petition that we filed in the U.S. Supreme Court), and groups of local governments in actions stemming from the federal government’s failure to abide by statutory requirements entitling the local governments to federal moneys. These actions involved situations where the local governments involved feared that there was no basis for them to obtain redress until they were presented with novel theories for relief developed by Saltman & Stevens.

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GOVERNMENT CONTRACTS

Saltman & Stevens provides legal representation at all stages of government contracting. This includes strategic advice and counseling before issuance of a request for proposals (RFP), an invitation for bids (IFB), or a prospectus. Proper advice and planning at this stage can be critical for obtaining award of a contract. We also provide advice and representation during the administration of the contract to ensure full compliance with all contract obligations and federal regulations and to ensure that clients preserve any future claims and related options. In the event of disputes regarding contract compliance, we defend clients against government claims and prosecute client claims for equitable adjustments or breach of contract before the military and civilian agency boards of contract appeals and the Court of Federal Claims.

Saltman & Stevens' attorneys regularly appear before the Government Accountability Office (GAO), the Small Business Administration (SBA), and the Court of Federal Claims on behalf of clients seeking to challenge the award of a contract or defending challenges of an award to them. Our representation also includes issues related to suspension and debarment, charges of government contract fraud, alleged antitrust law violations, compliance with timber export and substitution restrictions, and many other areas of federal regulation affecting government contractors.

Saltman & Stevens has successfully represented clients in the recovery of equitable adjustments, breach of contract claims, and claims for legal fees in numerous cases before the Court of Federal Claims and the agency boards of contract appeals. A few examples include a bid protest action before an agency board of contract appeals where we recovered an attorneys fee award of $2 million for one client. We also settled a breach of contract claim for another client before the Court of Federal Claims for $9.5 million before any trial was required, and we settled a group of related breach of contract claims for several other clients before another board of contract appeals for $12.5 million.

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FEDERAL TIMBER CONTRACTS

Since its inception in 1980, Saltman & Stevens has maintained a leading national practice in the federal law pertaining to U.S. Forest Service, Bureau of Land Management (BLM), and other federal agency timber contracts. From its Washington, D.C. office the firm provides counseling and aggressive litigation representation to a nationwide clientele on all aspects of timber contracts including:

  • Helping timber purchasers protect their rights and understand their obligations under Forest Service, BLM, and other agency timber sale and stewardship contracts, related statutes and regulations, and agency policies.
  • Preparing and vigorously prosecuting clients' claims that arise out of timber sale contract disputes either administratively or in court.
  • Representing individual companies, groups of clients facing similar issues, and timber trade associations on forest planning matters, natural resource issues, and administrative appeals.
  • Representing clients in timber sale bid protests at the agency level, before the Government Accountability Office, and before the Court of Federal Claims.
  • Defending clients against government claims of breach of contract.
  • Defending clients involved in formal and informal investigations of timber theft, environmental violations, or other alleged violations of federal law.
  • Defending clients suspended or proposed for suspension or debarment from contracting with the government.
  • Advising clients on small business matters, including size protests and appeals, and the agencies' small business set-aside programs.
  • Counseling clients on the rules and policies relating to log export and substitution.

Because of Saltman & Stevens' location in Washington, D.C. and our frequent dealings with high-level officials in the Forest Service, BLM, and other agencies who administer federal lands, we are able to react quickly and effectively to address our clients' legal problems at all levels of the federal government.

When possible we work with agency personnel to resolve disagreements between the government and our clients involving timber sale and stewardship contracts, and we are often able to achieve solutions beneficial to both parties. We have effectively utilized congressional assistance to achieve our clients' objectives where appropriate. We also provide vigorous and effective representation in the courts and before the boards of contract appeals when necessary to achieve our clients' objectives.

Responsiveness and innovation are hallmarks of Saltman & Stevens' practice. For example, we have achieved successful results for our clients through the unusual procedure of a timber purchaser class action and have developed innovative approaches to solving our clients' problems that arise out of timber sales affected by threatened, endangered, sensitive, or survey and manage species.

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NATURAL RESOURCE LAW

Saltman & Stevens represents individuals, businesses, and communities concerned about the management of and access to national forests, national parks, national monuments and other federal lands. We also advise clients about the impact of federal laws and regulations on private lands. Our representation involves a wide range of subjects, including timber and water rights, oil and gas leasing, off-highway vehicle use, recreation, and other areas of concern.

In addition, we advise clients regarding land exchanges with the federal government and compliance with federal log import and export rules. We are currently monitoring the development of agency regulations to implement recent amendments to the Lacey Act which require importers to certify that imported wood was not taken, possessed, transported or sold in violation of domestic or foreign law.

Our natural resource practice involves frequent communication with high-level agency officials. For example, we have worked with agencies to improve the quality of environmental assessments (EAs) and environmental impact statements (EISs) and other documents prepared pursuant to the National Environmental Policy Act (NEPA) or the National Forest Management Act (NFMA). We have also submitted comments and proposals to federal agencies involved in formal rulemaking on a host of natural resource issues as well as national forest and park planning.

We prepare and prosecute administrative appeals for clients adversely affected by natural resource planning decisions of federal agencies. We have brought suit to obtain injunctive relief from agency actions for our clients and have intervened in lawsuits to defend agency decisions which were in our clients' interests. We have also successfully challenged federal agency actions that were based on unreliable scientific data.

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CONCESSIONERS/GUIDES/OUTFITTERS

Saltman & Stevens has a diverse nationwide practice in the representation of concessioners, guides, and outfitters who provide visitor services in the national parks, national forests, and other federal lands. Combining our strong background in government contracts with our extensive knowledge of issues related to natural resources and the Concessions Management Improvement Act of 1998, Saltman & Stevens provides strategic advice and representation in matters concerning rights and obligations under agreements with the National Park Service, Forest Service, Bureau of Land Management, and other federal land management agencies. This includes advice related to obtaining and maintaining contracts and permits, preparing and asserting contract claims, possessory interest or leasehold surrender interest determinations, compliance with applicable environmental laws, natural resource planning, and Fifth Amendment takings issues.

Saltman & Stevens has worked with resort owners, marinas, campgrounds, gift shops, outfitters and guides, and restaurants throughout the country in locations such as Yosemite National Park, Yellowstone National Park, Golden Gate National Recreation Area, Wright Brothers National Monument, Dixie National Forest, Shoshone National Forest, and White Mountains National Forest. Saltman & Stevens also presents seminars across the country which update both existing and prospective concessioners on the various developments in the laws and regulations concerning their businesses.

Saltman & Stevens offers assistance in a wide variety of areas, including:

  • Advising parties that have contracts, permits, or other agreements with the government of their rights and obligations under law.
  • Representing individual companies and special client groups involved in Bureau of Land Management, Forest Service, National Park Service, and other federal agency land planning matters, natural resource issues, and administrative and judicial appeals.
  • Preparing, negotiating and, where necessary, prosecuting clients' claims arising out of contracts or other agreements either administratively or in court.
  • Representing clients in bid protests, permit applications, or appeal hearings at the agency level, before the Government Accountability Office, the Court of Federal Claims, or the United States District Court.

As in all its practice areas, Saltman & Stevens' philosophy is grounded in a team concept which permits a carefully tailored approach to each client's needs, drawing upon the particular expertise of each of the firm's attorneys. This concentrated focus enables us to represent entities of varying sizes effectively and in a manner consistent with their resources.

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CONSTRUCTION CONTRACTS

Since its inception Saltman & Stevens has maintained a practice in construction contract law. We have advised clients regarding their rights and obligations during all phases of construction from initial design to project completion. We have represented prime contractors, subcontractors, architects, and owners in the defense and prosecution of contract claims and in the negotiation of change orders and contract modifications. We have also advised clients regarding their rights and obligations under the various laws and regulations governing construction and design projects, such as the Occupational Safety and Health Act (OSHA), and other safety related regulations. Projects for which Saltman & Stevens has been retained include the construction and renovation of military facilities, road and highway construction, public building projects, landscape design, interior design, and the installation of mechanical systems in new or newly renovated facilities. Saltman & Stevens utilizes a team concept in its construction practice, drawing upon the particular expertise of each of the firm's attorneys in order to achieve each client's goal in the most efficient and effective manner possible.

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BID PROTESTS

Saltman & Stevens has provided aggressive legal representation in government contract bid protests for nearly 30 years. We have broad experience before all the tribunals involved in resolving bid protests, including the Government Accountability Office (GAO) and the Court of Federal Claims.

Our experience and expertise runs the gamut from relatively simple single issue matters to protests involving the complexities of technical and cost/price evaluations in multi-million dollar procurements for goods and services of all types. In all instances, our depth of knowledge and our substantial internal database allow us to find the critical nuances of the case law and to represent our clients, both on big cases and small ones, at a level that is second to none.

A few representative cases:

Optimum Systems. Inc. (GAO) (obtained award of $100 million contract for our client by forcing the National Park Service to reopen negotiations and reevaluate proposals because of agency’s failure to conduct meaningful discussions during initial proposal evaluation)

Aud & Di Campground Services, Inc. v. United States (Court of Federal Claims) (successfully forced Forest Service to terminate an improperly awarded campground concession permit and to resolicit the multi-year requirement)

KLN Steel Products, Inc. (GAO) (successfully forced the Marine Corps to terminate an improperly awarded contract to supply furniture worth over $5 million)

Bighorn Lumber Co., Inc. (GAO) (obtained direct award to our client by successfully proving that award could not be made to a company whose bid contained an obvious mistake where the price intended could not be discerned from the face of the bid and was not supported by any pre-bid documents)

Superior Helicopter LLC, Rainier Heli-Lift, Inc., Erickson Air Crane, Inc. v. United States (Court of Federal Claims) (successfully challenged Forest Service's decision to override the automatic stay of performance during pendency of a protest which led to a favorable resolution of the matter for our client)

Everglades National Park Boat Tours, Inc. v. United States (Court of Federal Claims) (successfully forced National Park Service to rescind award of a concession contract because of its faulty evaluation)

Shields & Dean Concessions, Inc. (GAO) (successfully proved that National Park Service improperly evaluated proposals for a concession contract)

Burlington Environmental, Inc. (GAO) (successfully forced agency to terminate contract award because of defects in the solicitation and to resolicit the requirement)

RAK IIT, Inc. (GAO) (successfully defended the award of a campground concession contract to our client)

Wetsel-Oviatt Lumber Co. v. United States (Court of Federal Claims)(proved that the Forest Service was arbitrary and capricious when it cancelled a solicitation)

Sterling Federal Systems, Inc. (General Services Board of Contract Appeals) (successfully obtained a direct award for our client of a multi-million dollar contract by demonstrating that the proposed awardee had made a material misrepresentation in its proposal and that our client was the only offeror in line for contract award)

Timberline Helicopters, Inc. (Court of Federal Claims) got the government to terminate a multi-million dollar contract that had been improperly sole sourced.

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FEDERAL APPROPRIATIONS LAW / UNDERFUNDED MANDATORY OR ENTITLEMENT PROGRAMS

Saltman & Stevens offers services to a wide variety of clients in the highly specialized area of federal appropriations law including questions relating to Congressional underfunding of mandatory and entitlement programs. Relying on our wealth of experience in the area, we provide interpretations of federal statutes and regulations regarding the availability and expenditure of appropriated funds by federal agencies. When necessary, we undertake litigation on legal issues such as the decisions federal agencies make regarding the expenditure of appropriated funds to carry out programs of interest to our clients, the availability of alternative funds to carry out programs and the extent to which the federal government may have created binding obligations even though appropriations to pay these obligations appear to have been exhausted. These services have great value to clients when an agency administering a program of interest indicates that it lacks funds to continue with the program and obtaining supplemental appropriations is unlikely.

Saltman & Stevens’ personnel also have substantial experience in developing statutory and committee report language governing the manner in which appropriated funds are to be expended. This experience is valuable to our clients -- and their lobbyists -- who want to assure eligibility for or entitlement to appropriated funds and to restrict the discretion that an agency may have to reprogram, transfer, or otherwise use the funds elsewhere.

Saltman & Stevens’ lawyers have depth of experience in all aspects of federal appropriations law. In addition to the work we have done for clients, our lawyers have written sections of the leading publication on federal appropriations law, the GAO Redbook, served as course instructors on the subject and written scholarly works on appropriations matters including the intricacies of the Anti-Deficiency Act.

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INTERNATIONAL TRADE AND CUSTOMS LAW

In our international trade practice, Saltman & Stevens provides international trade and customs law counseling and litigation representation to clients in a variety of industries. We frequently work with foreign companies to prepare and file responses to requisite questionnaires involved in antidumping duty administrative reviews, investigations, and new shipper reviews before the International Trade Administration of the United States Department of Commerce. We represent companies before the Department of Homeland Security Bureau of Customs and Border Protection in protests seeking review of adverse decisions relating to the appraised value of subject merchandise, the classification, rate, and amount of duties chargeable, and the liquidation and reliquidation of individual entries. Saltman & Stevens also represents clients in international trade and customs litigation before the United States Court of International Trade and the United States Court of Appeals for the Federal Circuit.

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LITIGATION REGARDING STATE AND LOCAL GOVERNMENT FINANCIAL RELATIONS WITH THE FEDERAL GOVERNMENT

Saltman & Stevens has handled a variety of substantial matters relating to the federal government’s failure to abide by statutory requirements entitling state and local governments to federal money due them. Each of these cases required the application of fresh thinking to very difficult problems. These suits were brought where the state or local governments felt that they had exhausted all ways to obtain redress until they were presented with novel theories for relief developed by Saltman & Stevens. One example involves a suit brought by a group of counties in California asserting that they were improperly denied a statutory share of timber receipts from 23 improperly terminated timber sale contracts. The Firm has also represented groups of local government entities seeking to enforce the federal government's obligations under the Payment in Lieu of Taxes Act.

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SMALL BUSINESS ADMINISTRATION MATTERS

In our small business practice, Saltman & Stevens provides counseling and litigation representation to clients to ensure their compliance with all applicable regulations and policies which implement the Small Business Act, including preference programs such as the 8(a) program for small, disadvantaged businesses, the HUBZone empowerment contracting program for small businesses in historically underutilized business zones, the women-owned small business program, and agency small business set-aside programs. We also assist large businesses in matters relating to their small business subcontracting plans.

Our representation of clients includes:

  • Analyzing a company’s compliance with the requirements for participation in small business programs.
  • Structuring companies to meet the requirements for participation in small business programs.
  • Defending companies whose size or preference status has been challenged by their competitors.
  • Monitoring agency compliance with small business set-aside programs and challenging agency action which fails to comply.
  • Assisting companies in obtaining small business certification.
  • Obtaining a Certificate of Competency (COC) from the Small Business Administration after a contracting agency has determined initially that a company is not eligible for contract award.
  • Pursuing challenges of companies who seek to avail themselves of the benefits of small business programs but who fail to meet the applicable size or ownership standards.
  • Appealing adverse size status determinations to the Small Business Administration's Regional Offices and to the Washington, DC Office of Hearings & Appeals.
  • Assisting companies in meeting their small business subcontracting goals.

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ANTITRUST

For almost 30 years Saltman & Stevens has provided antitrust advice and representation to clients over a broad spectrum of business activities. We have successfully guided clients through agency and grand jury investigations of alleged antitrust law violations, and we have assisted clients in structuring their activities to enable then to successfully achieve business objectives without any significant risk of antitrust exposure. For many of our clients we have conducted seminars and company training programs in order to ensure compliance with the antitrust laws and avoid even the inadvertent appearance of non-compliance. We regularly monitor developments within the Antitrust Division of the Department of Justice, the Federal Trade Commission's Bureau of Competition, and the antitrust enforcement arms of other agencies in order to keep our clients up-to-date on the changing requirements of antitrust law and to ensure that their business activities are free of any significant antitrust liability.

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LEGAL SERVICES FOR INDUSTRY/NONPROFIT ENVIRONMENTAL ORGANIZATIONS

Forward thinking companies in a variety of industries are working with practical-minded environmental and conservation organizations to promote best environmental practices and encourage the use of environmentally preferable products. Often these efforts result in the creation of a separate nonprofit organization supported by industry and environmental groups. For many years Saltman & Stevens has provided legal representation to such clients with particular attention to their nonprofit and market-place strategies involving intellectual property rights, antitrust compliance and general business law.

 

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