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
Appropriations
Law
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 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 presently represent groups of local governments
in actions against the federal government stemming from the federal
government’s failure to abide by statutory requirements entitling
the local governments to federal moneys. These suits were brought
in 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 advice and strategy prior to the 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.
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, timber export 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 various 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 concentration
in federal timber 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
litigation representation to a nationwide clientele on all aspects
of timber contracts. Saltman & Stevens' practice 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.
In
its timber law practice, Saltman & Stevens offers a wide variety
of services including:
- Advising
timber purchasers regarding their rights and obligations under
Forest Service, BLM, and other agency timber sale contracts and
pertinent regulations, agency policies, and guidelines.
- Preparation
and prosecution of clients' claims arising out of timber sale
contracts either administratively or in court.
- Representing
individual companies, special client groups, and timber trade
associations on forest planning matters, natural resource issues,
and appeals.
- Representation
of 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 arising out of contracts.
- 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 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.
Responsiveness
and innovation are hallmarks of Saltman & Stevens' style of
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 arising out of timber sales affected by sensitive, threatened,
or endangered species.
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 appropriate levels of the federal government. We work amicably
with agency personnel to resolve disagreements between the government
and our clients involving timber contract awards, administration,
and termination, and we are often able to achieve solutions beneficial
to both parties. Where appropriate and effective, we have utilized
congressional assistance to achieve our clients' objectives. When
necessary we provide vigorous and effective representation in the
courts or before the boards of contract appeals.
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NATURAL
RESOURCE LAW
Saltman
& Stevens represents individuals, businesses, and communities
concerned about the management of national forests, national parks,
national monuments and other federal lands and the impact of federal
laws and regulations on private lands. Our representation involves
a wide range of subjects. We advise parties with regard to federal
land use planning and federal and private land access issues including
timber and water rights, oil and gas leasing, off-highway vehicle
use, recreation, and other areas of concern.
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 and national forest
and park planning. We prepare and prosecute administrative appeals
for clients adversely affected by natural resource planning decisions.
We have obtained injunctive relief for our clients in court or have
intervened in lawsuits to defend agency decisions which were in
our clients' interests. We have also successfully challenged in
court federal agency actions that were based on unreliable scientific
data. In addition, we advise clients regarding land exchanges with
the federal government and compliance with log import and export
rules.
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CONCESSIONERS/GUIDES/OUTFITTERS
Saltman
& Stevens has a diverse nationwide practice in the representation
of concessioners, guides, and outfitters who provide recreational
opportunities on 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,
Saltman & Stevens provides 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, compliance with applicable environmental laws,
natural resource planning, and Fifth Amendment takings issues.
Saltman
& Stevens has worked with resort owners, marinas, guides, gift
shops, outfitters, and restaurants located across the country in
locations such as Yosemite National Park, Yellowstone National Park,
the Shoshone National Forest, the Wright Brothers National Monument,
and the 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 legal representation in government contract
bid protests for nearly 30 years. We have broad experience before
all the tribunals principally involved in resolving bid protests,
including the Government Accountability Office (GAO) and the Court
of Federal Claims. We also are experienced in prosecuting bid protests
at the agency level.
Saltman
& Stevens represents both bidders and offerors who are seeking to
overturn a government award as well as successful bidders and offerors
who are seeking to defend an award made by a government agency.
Representative
cases:
Bighorn
Lumber Co., Inc, B-299906, (GAO Sept. 25, 2007) (successfully
proved that an award could not legally be made to a company whose
bid contained an obvious mistake where the price intended was
not precisely ascertainable from the face of its bid or otherwise
supported by any pre-bid documents from the company)
Superior
Helicopter LLC, Rainier Heli-Lift, Inc., Erickson Air Crane, Inc.
v. United States, 78 Fed. Cl. 181 (2007) (successfully challenged
agency’s decision to override automatic stay of performance
during pendency of a protest)
Everglades
National Park Boat Tours, Inc. v. United States, No. 04-1440C
(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., B-292901.2, B-292901.3
(GAO Feb. 23, 2004) (successfully proved that National Park Service
improperly evaluated proposals for a concession contract)
Matter
of Burlington Environmental, Inc., B-289985 (GAO March 13,
2002) (successfully forced agency to terminate contract award
because of defects in the solicitation and to resolicit the requirement)
Matter
of RAK IIT, Inc., B-289821 (GAO March 8, 2002) (successfully
defended the award of a campground concession contract to the
awardee)
Wetsel-Oviatt
Lumber Co. v. United States, 40 Fed. Cl. 557 (1998) (proved
in the Court of Federal Claims that the Forest Service was arbitrary
and capricious when it cancelled a solicitation)
Sterling
Federal Systems, Inc., GSBCA No. 10381-P, 90-2 BCA 22,801
(1990) (successfully demonstrated that the protester was the only
offeror in line for contract award)
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APPROPRIATIONS
LAW
Saltman
& Stevens offers services to a wide variety of clients in the
highly specialized area of Federal Appropriations Law. 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 appropriate,
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, 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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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 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 of this
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 is
also presently lead counsel in a case brought on behalf of 1900
local government entities seeking millions of dollars in amounts
due them 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, and agency small business set-aside programs.
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.
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ANTITRUST
Since
its inception Saltman & Stevens has provided antitrust advice
and representation to clients in connection with their government
contract business. This has included advice on compliance with the
antitrust laws and representation during agency and grand jury investigations
of alleged antitrust law violations. Saltman & Stevens has conducted
seminars and company training programs concerning compliance with
the antitrust laws. We have prepared antitrust compliance policies
and guidelines for many of our clients and assisted them in structuring
their business activities to achieve legitimate business objectives
without any significant risk of antitrust exposure. Where appropriate
we work with the Antitrust Division of the Department of Justice,
the Federal Trade Commission's Bureau of Competition and antitrust
enforcement officials within other agencies to keep our clients
up-to-date on the changing requirements of antitrust law and to
ensure that their business activities are free from any significant
risk of antitrust liability.
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LEGAL
SERVICES FOR INDUSTRY/NONPROFIT ENVIRONMENTAL ORGANIZATIONS
Increasingly,
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. The clients of Saltman &
Stevens in this area include Metafore, an alliance of producers
and suppliers of wood and paper products and environmental/conservation
organizations and the GreenBlue Institute, a coalition of companies
in a variety of industries working with nonprofit environmental
organizations to promote environmentally preferable packaging and
better ways to evaluate environmentally preferable products. Organizations
like these often require specialized assistance involving intellectual
property rights, antitrust guidance and other areas of law pertinent
to their focused objectives. Saltman & Stevens has provided
such services to these clients for many years.
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