Job Responsibilities of a Government Contracts Attorney
A government contracts attorney is a legal expert who focuses on the laws, regulations, and government policies that govern the contracting process. These professionals hold a wealth of knowledge about the Bid Protest Process and are able to use their skills to assist contractors in many aspects of the procurement process.
One of the primary duties of a government contracts attorney is to navigate the complex series of laws and regulations surrounding the request, acceptance, and fulfillment of government contracts. A government contracts attorney represents the interest of either a government agency or private contractor as they seek, accept, and complete a contract with the federal government.
Whether an attorney is representing a private contractor or the government, they are most often called upon during the negotiation phase of a contract. These professionals work side-by-side with legal counsel to the government as well as the project manager, bids and proposals, contracts, finance, and quality assurance teams to ensure that all terms of the contract are adhered to by both parties and that the deal is mutually beneficial.
In addition to the negotiation process , government contracts attorneys also conduct research and analysis of briefly proposed contracts, helps to develop the proposal, and draws out any potential risk that may be associated with a contract made by their client. They are well-versed in the solicitation process, which includes the evaluation and award of a contract, and can also assist with the bid protest process should they need to challenge a contract award or termination.
They are often relied upon by both government and private contractors for their expertise in laws and regulations regarding contract awards, terms, and guarantees. A government contracts attorney can assist with a wide variety of tasks, including:
A government contracts attorney plays a significant role in both the public and private sectors. In the government sector, they are often relied upon to navigate the intricacies of contract procurements and protests. In the private sector, government contracts attorneys can assist in determining whether a contract should be accepted.
They are an invaluable resource for any government agency or private company that contracts with the government.
Top Skills for Government Contracts Attorneys
The ability to parse the government regulations and know exactly what they mean requires not only sophisticated analytical skills, but a particular combination of common sense and attention to detail. While other types of lawyers may be focused on getting results for their clients, providing aggressive representation, e.g., in litigation, a government contracts attorney often must get into the details of contract clauses and federal regulations and interpret them to arrive at a conclusion, even in the face of competing viewpoints from the opposing attorneys. A government contracts attorney must be able to spot such subtle but significant details because it may mean the difference between a winning and losing argument.
Fulbright & Jaworski, Baker Botts, Hogan Lovells US and Foley Hoag, according to O’Dwyer’s Newsletter. Dozens of Am Law 100 firms have some sort of government contract practice group. Competition is fierce for attorney positions in major firms because of the number of firms that have government contracts practices and the many different specialties that are covered by these groups.
Education and Certifications
A career in government contracts law requires a Juris Doctor degree at the minimum. The primary educational track to this goal is through college coursework. The first step is usually a bachelor’s degree in pre-law, political science, or a related field. Many pre-law programs are available, but no particular one is recommended over another. The next step is law school itself. At this level, specific coursework is available to help provide the student with experience in government contracts law. For those who are already practicing law and want to change focus, an LLM in Government Contracts Law may be useful.
For all areas of law, it is also important that individuals pass the bar exam before they can practice law. As regulations and contracts change over time, it is also common to see requirements for continuing education classes. Many practitioners find value in professional associations such as the ABA, the National Contract Management Association, or the American Council of Engineering Companies.
Career Outlook and Opportunities
The job market for government contracts attorneys remains stable, with demand across a variety of employment settings. While opportunities for various types of government contracts attorneys tend to shift somewhat in response to certain ebbs and flows in the government contracting community, in general, at least for the time being, there still remains significant demand across government agencies, law firms, and corporations. Given the robust career outlook in the industry, the following overview of the current and future trends in government contracts laws, practice, and job opportunities across all three common employment settings in the field may be helpful for anyone seeking to enter or currently working in the market.
Government Agencies
Government Contracting agencies will always require government contracts attorneys in a variety of positions. While there are more than 50 Federal agencies that have some connection to government contracting, only a handful hire their own internal contractors. Within these agencies, there are a variety of roles that may be available for government contracts attorneys. Many attorneys work in the General Counsel offices, responsible for ensuring compliance with government contracting regulations. Additionally, there are opportunities in evaluating and negotiating government contracts, preparing claims and defending protests, performing audits, and conducting investigations. Government contracts attorneys (especially in D.C.) may also serve as valuable members of the Department of Justice, Criminal Division, Fraud Section, providing essential litigation support.
Law Firms
There are many employers of government contracts lawyers that practice solely in this niche area of law. These firms seek government contracts attorneys with varying levels of experience, who provide entirely crucial litigation support for practicing law in the government contracts industry. The work of government contracts attorneys employed by traditional law firms is also important, providing essential support for various general practice projects or as specialists in the field. Now, increasing numbers of law firms are realizing the value in hiring government contracts attorneys to support their government contracts practice group.
Corporations
Private corporations, especially those engaged in government contracting, are also always seeking government contracts attorneys, as in-house counsel, contract specialists, or procurement professionals. The D.C. and Northern Virginia areas (where the Beltway intersects with the federal marketplace) are especially active markets for government contracts attorneys. There are many large U.S. corporations, as well as a growing number of international companies that require experienced government contracts attorneys in the U.S. to support their government contracting efforts. For companies that do not primarily focus on government contracting, government contracts attorneys can be a valuable asset, providing critical insight into the procurement process and regulations that govern government contracts specialists and administrative officers.
Job Market and Opportunities
Much of the demand for lawyers in the government contracts field comes from the complexity of this specialized area of law, which overlaps and crosses several different legal fields, including intellectual property, securities law, employment law, labor law, and international and export controls, to name just a few. Based on our experience and from the feedback of our clients, we expect the market for government contracts lawyers to remain strong in the near future.
Compensation and Job Growth
Law Firm : While many law firms practice a range of commercial real estate transactions, the government contracting department may be one part of an overall practice and thus will generally be smaller than a full-service firm. Mid ($120K-$250K) to high ($300K+) six-figure salaries are typically the norm for government contracts attorneys. However, for those firms who choose to practice as full service firms (i.e. they have a specific government contracts practice group and want to be market leaders for government contracts), the pay can be quite lucrative for its practitioners.
In-House : In-house attorneys can expect to earn between the mid to upper six-figures. The specific pay rates vary depending on the size and type of the company, the company’s location, and the attorney’s own experience and expertise.
If You Are Looking to Be Hired by the Government : Attorneys in government practice have no set salary. Some are paid an annual salary but many are paid on an hourly basis. The yearly salary for in-house attorneys who work for the government can average anywhere from $80,000 to upwards of $150,000 a year . Attorneys in government practice have better hours, usually seeing a 40 hour week and having generous paid time off. Compensation and advancement depends upon the level of responsibility undertaken and the quality of the work performed.
Salary / Pay Factors
Government contracts attorneys’ salaries depend on a number of factors:
A Unique Element of being a Government Contracts Attorney
The primary area of focus in a government contracts attorney’s career is to ensure that all parties involved in federal procurement processes are following the law and acting in accordance with federal guidelines. Unique among other areas of practice, government contracts is both a transactional practice and involves the litigation of a plethora of federal laws. This is a challenging field that requires government contracts attorneys to be not only well-versed in federal procurement laws and regulations, but to also possess solid negotiation and lobbying skills to be able to advocate for, and successfully defend, their clients.
Obstacles and Perks of the Career
The first challenge that all government contracts attorney jobs have in common is a struggle to keep up with the ever-changing and expanding regulations that govern the industry. One day it might feel like you’ve studied every upcoming regulation, and then the next day the government is repealing and revising sections of the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS). Not to mention the additional regulations that are found in task order type contracts, which add layers of complication that must be addressed individually. The second challenge commonly seen amongst government contracts lawyers is managing client expectations when it comes to federal contracting. Government contracts attorneys are found on both sides of the aisle, and in both private and public sector positions. But the difficulty comes into play when a client is working on a complex contract with multiple layers. Clients are often under duress to stay within budget and keep costs low while at the same time providing high-quality deliverables. Government contracts attorneys must help clients walk the line between accuracy and efficiency, while making sure they maintain compliance with the letter of the law. Perhaps the greatest reward for a career in government contracts law is that, due to the strict regulations that must be followed by the federal government, jobs for government contracts lawyers are extremely stable. In a time when many industries are experiencing layoffs and downsizing, the government will always be there as one of the largest employers in the nation, as a source of financial stability.
Where to Look for Government Contracts Attorney Positions
Job hunting for government contracts attorneys can be quite the time-consuming task. Are there any specific job boards for government contracts attorneys? Are there particular places I should look for government contracts attorney positions? How do I network for government contracts attorney jobs? To begin with, doing a simple Google search for "government contracts attorney" and "job" will yield a variety of opportunities. Something as simple as this search will result in a myriad of results for both the private and public sector. Let’s say for example you want to work at the Department of Defense, typing "department of defense" and "government contracts attorney" will no doubt result in a good number of government contracts attorney jobs. There are also job boards specifically geared towards government careers and government contractors. Simply typing "government contracts attorney jobs" into your favorite search engine will net you plenty of results, all of which will have current job listings pertaining to government contracts attorney positions in both government and the private sector , and both nationally and internationally. The best way to network to get a job in government contracts is to attend events and conferences related to government contracts law. These events are typically organized by various bar associations, which help to put on large conferences that can be attended by government contractors and attorneys alike. Since government contracts law is such a niche field of law, everyone typically knows each other, from government contracts lawyers, government contracts attorneys, government contracts consultants, and even government contracts specialists and contracting officers. When looking to expand your network, it is the best practice to attend as many seminars and conferences as you possibly can. If there are no government contracts events happening in your area, be sure to keep your ear to the ground for upcoming events and conferences so that you can maximize your network to its fullest potential. Also, make sure to utilize services like LinkedIn, which can help you expand your network far and wide. But overall, the best way to find government contracts attorney jobs is to simply hammer down your research, and to network like your career depends on it because it does.
