Franklin C. Turner | McCarter & English, LLP

An innovative business lawyer resolving complex government contracts issues.

Franklin Turner is Co-Chair of the Government Contracts & Global Trade Practice Group. He has extensive experience representing a broad array of companies – ranging from multinational Fortune 100 corporations to mid market clients and small businesses operating in the aerospace, defense, information technology, health care, and industrial supply sectors. Franklin’s multifaceted practice includes:

Assisting companies with comprehensive claims for payment arising from disputes with federal agencies.
Prosecuting and defending against bid protests.
Assisting companies with the review and analysis of federal and state solicitations.
Preparing and negotiating teaming agreements, joint venture arrangements, and subcontracts.
Counseling companies regarding compliance with small business regulations and related issues.
Conducting internal investigations to ensure his clients’ compliance with federal procurement regulations and related statutes.
Preparing and submitting mandatory and voluntary disclosures.
Counseling prime contractors and subcontractors regarding contract disputes, requests for equitable adjustment, and claims.
Defending companies against False Claims Act allegations and resolving related concerns.
Providing advice to companies regarding the cost accounting standards and contract cost principles – including issues of cost allowability, allocability and reasonableness.
Designing and implementing comprehensive corporate compliance programs.
Assisting companies with responses to audits and subpoenas issued by federal and state agencies.
Advising contractors in connection with mergers and acquisitions due diligence.

Franklin is a prolific author and lecturer and is routinely called upon by national and international news organizations to offer his insight regarding developments in the federal procurement industry. Over the course of his career, Franklin has successfully represented hundreds of companies in connection with matters involving a multitude of federal government entities – including every major federal agency and state agencies throughout the nation.

Assisted in the investigation and preparation of contract claims relating to extreme weather impacts on behalf of multibillion-dollar contractor.

Assisted in the investigation and preparation of contract claims relating to business reorganizations on behalf of multibillion-dollar contractor.

Assisted in the investigation and preparation of various contract claims involving ship design and construction on behalf of multibillion-dollar contractor.

Developed claims on behalf of multinational government contractor valued in excess of $270 million in connection with a multibillion-dollar information technology contract dispute and assisted the company in successfully structuring a settlement without resort to litigation.

Assisted in the investigation and development of successful responses to numerous “show cause” and “cure” letters on behalf of large, medium-sized, and small businesses.

Assisted with the prosecution of multimillion-dollar contract claims and defense of multimillion-dollar counterclaims in the Court of Federal Claims against the United States Postal Service.

Assisted with the successful defense of multibillion-dollar False Claims Act lawsuit by qui tam relator relating to performance metrics of plant machinery.

Assisted with the successful prosecution of various claims in the Court of Federal Claims against the Department of Interior challenging unlawful Termination for Default on behalf of large civilian contractor.

Successfully prosecuted a bid protest on behalf of a major government contractor against the National Aeronautics and Space Administration’s sole-source award of a multimillion-dollar contract extension to a $262 million contract for complex space suit systems.

Successfully prosecuted a bid protest on behalf of a major government contractor against the Office of the Director of National Intelligence’s decision to eliminate a multibillion-dollar company from the competitive range in a high-profile procurement regarding, among other things, the provision of intelligence products for direct consumption by the President of the United States.

Successfully defended a bid protest on behalf of a major government contractor against the Department of the Army's award of a $176.5 million contract for counter-insurgency services.

Successfully prosecuted a bid protest on behalf of a large government contractor against the National Reconnaissance Office’s award of a $70 million contract for background investigation services.

Successfully prosecuted a bid protest on behalf of a major government contractor against the Department of Health and Human Services' intended award of a $62 million contract for office furniture and related services.

Successfully defended a bid protest on behalf of a small business against the Washington Headquarters Services’ award of a $38 million contract for business analytic support services.

Successfully defended a bid protest on behalf of small business against the Department of the Army's award of a $20 million contract for patient level satisfaction surveys.

Successfully prosecuted a bid protest on behalf of a mid-market business against the Coast Guard's intended award of a $10 million sole source contract for very-high frequency radios.

Successfully prosecuted a bid protest on behalf of a mid-market business against the Department of Homeland Security's award of a $4.3 million contract for information technology equipment.

Prepared numerous agency-level protests for large, medium-sized, and small businesses.

Assisted with successful responses to various audit reports questioning certain costs on behalf of numerous companies.

Counseled businesses of all sizes regarding government contract costs, including issues related to: cost allowability, cost allocability, cost reasonableness, credits, depreciation costs, environmental costs, executive compensation costs, fines, penalties, mischarging, independent research & development costs, lobbying costs, material costs, restructuring costs, termination costs, legal and other proceedings costs, and travel costs.

Counseled companies regarding compliance with the cost accounting standards.

Counseled companies regarding issues of price analysis, cost analysis, and adequate price competition.

Counseled numerous companies regarding subcontract flowdown requirements.

Analyzed the terms and conditions of hundreds of request for proposals (“RFPs”) and request for quotations (“RFQs”) for various large, mid-market, and small businesses.

Prepared teaming agreements, subcontracts, and joint venture agreements for small, mid-market, and large businesses.

Assisted in civil and criminal subpoena responses on behalf of large, mid-market, and small businesses.

Investigation of alleged cost-plus-percentage-of-cost violations on behalf of multibillion-dollar contractor.

Investigation of alleged false claims relating to the application of profit to inter-affiliate transfers on behalf of multibillion-dollar contractor.

Investigation of numerous kickback allegations.

Investigation of numerous candidate disclosures under the FAR Mandatory Disclosure Rule.

Investigation of numerous alleged violations of the Procurement Integrity Act.

Investigation of international contract dispute regarding intellectual property and associated data rights on behalf of multibillion-dollar contractor.

Investigation of alleged violations of eligibility requirements for the Small Business Administration’s 8(a) Program.

Assisted with the successful defense of significant size protest before the Small Business Administration on behalf of Native Hawaiian Organization ("NHO") 8(a) contractor.

Prepared numerous successful Freedom of Information Act opposition letters on behalf of large, medium-sized, and small businesses.

Counseled company in connection with various issues relating to Foreign Ownership, Control, or Influence (“FOCI”) requirements.

Counseled numerous small businesses regarding eligibility requirements.

Prepared teaming agreements for large and medium-sized businesses.

Assisted numerous companies in connection with issues pertaining to the GSA Multiple Award Schedule (“MAS”) program.