A wide range of unique rules apply to contractors wishing to provide goods or services on U.S. military bases, both here and abroad. In addition to the various branches of the service – the Air Force, Army, Navy and Marines – there are several other entities with contracting authority, including the Army & Air Force Exchange Service (AAFES), Navy Exchange Service Command (NEXCOM) and Moral, Welfare and Education (MWR) (to name a few). Each of these entities has its own policies, procedures, instructions, rules and directives that must be read, together with applicable laws and regulations, including the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS), to arrive at an understanding of the rights and obligations of the respective parties. Jackson Kelly attorneys work with these policies, rules and laws every day.
Furthermore, military bases are dynamic physical and legal creatures. For example, bases close and realign, as seen under the various rounds of base realignments and closures the U.S. has experienced over the past 15 years. Many bases are located overseas, where the contracts awarded to service such bases are not necessarily subject to the same rules as those located in the United States.
Recently, the military has moved in new and exciting directions, in which Jackson Kelly attorneys proudly participated. For example, the military has been upgrading housing for servicemen and women through public-private partnerships and other new and innovative approaches to repurpose obsolete and excess facilities and land. Moving forward, the military intends to create green energy sources and to be energy independent – initiatives Jackson Kelly is well positioned to help contractors explore.
Served as lead counsel on ground-breaking congressional reference case before U.S. Court of Federal Claims.
Negotiated service providers’ rights to continue to provide telecommunication services to base residents after military housing units were replaced with privately owned units through a public-private partnership process.
Served as lead counsel challenging BRAC realignment of howitzer and artillery production requirements.
Click here to see relevant posts to the Jackson Kelly Government Contracts Monitor.