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
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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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