When recipients and prospective recipients of federal funding are unable to resolve your issues with federal grantor agencies through informal means, our Federal Grants attorneys can represent you in a variety of Administrative Disputes. These disputes may involve a wide range of challenges: some involve questions of federal policy while others involve more individualized adverse determinations about the grantee or its grant.
For example, some disputes involve the making or withholding of a grant or the terms or conditions imposed. We can represent prospective grantees in bid protests challenging the denial of funding, the application of award criteria, and the non-selection of a prospective grantee.
Once a grantee has undertaken the commencement of a grant, disputes may occur over what actions the grantee has been funded or authorized to take (i.e., the scope of the grant), the grantee’s relationship with program beneficiaries, subgrantees or subcontractors, and other matters related to project administration including grantee compliance with the terms and conditions of the grant.
Some disputes may take the form of audit disallowances in which costs incurred under the grant are “disallowed” purportedly for being viewed as unallowable under grant terms and conditions (such as OMB Circular A-122 or its antecedent, the OMB Supercircular). Denials of cost authorizations or cost rate determinations may also be the subject of an administrative dispute.
Other disputes involve very serious agency actions such as an agency decision to terminate or debar a grantee or refuse to provide continued funding based on the agency’s conclusions or beliefs about the adequacy of a grantee’s performance on prior grants. These agency actions may affect the very viability of an organization.
Our Federal Grants attorneys offer a number of services to help recipients of federal funding who are facing agency action that has an unlawful impact or adverse financial consequences navigate through all aspects of Federal Grant programs. This includes helping agencies like yours ascertain the nature of requirements that may apply to you so you may successfully obtain or retain your funding and ensure that competition occurs for grants in a full and fair manner. Additionally, FTLF helps agencies like yours navigate the complicated grants dispute process and helps protect clients who are facing suspension, debarment, or termination. These services help our clients to retain their status as a recipient of federal funds, retain their funds, and fulfill their respective missions.