Nena M. Lenz

Nena Lenz is an attorney at Fredrikson & Byron, P.A. with a national government contracts and grants practice.

Nena leads Fredrikson & Byron’s Government Contract and Grants Group. She advises clients with federal, state, local and tribal government contracts and grants. She helps clients pursue and negotiate contracts, understand and comply with regulatory requirements, manage contract changes and terminations, and investigate and resolve allegations of noncompliance. Nena advises clients across industries, with particular experience in the construction industry and small business programs.

Nena also leads Fredrikson & Byron’s Executive Brief, which includes a team of Fredrikson lawyers who are tracking federal executive actions and their downstream impacts on federal agencies, courts, Congress, states and clients. In this role, Nena is acting as a regulatory generalist charged with monitoring developments and keeping colleagues and clients informed.

Federal government contractors and grantees are on the frontlines of the ongoing federal executive branch reform efforts, where they face immediate demands to change company policies, budget and program uncertainty, and an impending overhaul of federal procurement rules. Nena is regularly helping clients triage specific business disruptions (such as terminations for convenience) and general uncertainty caused by federal efforts to cut costs, deregulate and shift policy priorities. Nena is also assisting with private sector efforts to advise on the overhaul of federal procurement regulations.

Nena advises clients on contracts and grants governed by federal regulations, including federal procurement contracts, cooperative agreements and OTAs, federally-assisted construction, and federal grants. She regularly advises clients that are administering projects with a mix of public funding streams, such as a combination of federal and state funding.

Nena has represented clients doing business with each federal executive department and dozens of independent agencies, spanning hundreds of federal programs. She has also helped clients doing business with dozens of states and hundreds of local government and quasi-governmental entities.

Construction

• Represented dozens of specialty construction contractors in negotiations with federal agencies, prime contractor and higher-tier subcontracts, on wide-ranging projects for including major environmental restoration projects by U.S. Army Corps of Engineers (USACE), research facilities by Department of Energy, training facilities by the U.S. Air Force, and schools by the National Park Service.
• Represented prime and subcontractors through successful negotiations of REAs on federal contracts, while avoiding disputes. For examples, successfully negotiated nearly 20 REAs on single project with DOE national laboratory on wide-ranging issues, such as differing site conditions, owner-caused delays, and increased labor costs.
• Developed compliance programs and provided compliance training for dozens of clients performing under contracts regulated by the FAR and agency-specific regulations (such as DFARS), including for general contractors, specialty subcontractors and material suppliers.

Small Business and Other Socio-Economic Programs

• Advised small businesses in participating in federal preference programs, including Small Business Administration (SBA) 8(a), WOSB, VOSB, SDVOSB, HUBZone programs, and the U.S. Department of Transportation (DOT) DBE programs, as well as state and local equivalents. Representative clients include general contractors, specialty contractors, including excavation and HVAC, environmental testing and remediation companies, and manufacturers.
• Led internal review of small and disadvantaged business entity contracting compliance for multi-billion-dollar construction company and 30 of its subsidiaries, evaluating compliance with local, state and federal preference requirements on over 500 contracts subject to over 50 different regulatory standards.
• Successfully defended 8(a) construction company in federal DOJ investigation related to alleged noncompliance with limitations on subcontracting and other federal requirements applicable to 8(a) sole source and competitive awards, including those awarded to joint ventures between the 8(a) company and its SBA-approved mentor.
• Defended clients faced with SBA size protests and related appeals.
• Represented construction company in administrative dispute with regional government agency alleging violations of federal and state requirements to subcontract with DBEs under engineering contract for wastewater treatment plant.

Research, Development, Prototype and Production Contracts

• Negotiated Other Transaction Authority (OTA) agreements with U.S. Army Energy Research and Development Center (ERDC) for small energy sector manufacturing company and with Defense Advanced Research Projects Agency (DARPA) for quantum computing company.
• Advised over 50 companies with SBIR/STTR contracts, including SBIR III, on contract negotiation, intellectual property, mergers and acquisitions, and subcontracting. Representative clients technologies include water purification, medical devices, renewable energy, construction materials, and software.
• Helped international medical device company pursue, negotiate and comply with five DARPA awards subject to the Defense Grant and Agreement Regulations (DoDGARS). Developed internal compliance programs, including financial systems policies and procedures. Advised client during audits from the Defense Contract Audit Agency (DCAA) and Defense Contract Management Agency (DCMA). Negotiated awards, contracts, and cooperative agreements with DARPA and universities, with particular attention to intellectual property terms subject federal requirements for computer software, technical data and patents under the Bayh-Dole Act.

Contracts for Commercial Products and Services

• Helped clients pursue, negotiate and comply with terms of Federal Supply Schedule contracts with the GSA and VA, and other GWAC vehicles, as well as the long-term orders (e.g. BPA, IDIQ) and task/delivery orders placed under them, for products ranging from maintenance services to medical equipment to cloud computing.
• Advised client through mandatory disclosure process related to pricing noncompliance on service work performed under BPA with U.S. Postal Service awarded through GSA Schedule.

Federal Grants

• Helped clients navigate federal grant audits and resolve allegations of grant noncompliance on issues such as labor charging, cost allowability, and performance concerns. Representative clients include large literacy non-profit, small health technology business, and national housing non-profit.
• Developed compliance programs and provided compliance training for recipients and subrecipients of federal grants subject to 2 CFR Part 200 and agency-specific requirements, such as the NIH Grants Policy Statement.
• Defended non-profit paratransit provider facing contract termination and debarment by regional government agency and the Federal Transportation Administration (FTA) based on audit results. Represented client in bid protest challenging award of contracts to competitor.

Domestic Sourcing Preference Compliance

• Helped clients evaluate and structure supply chains to comply with evolving domestic preference laws, including Buy American Act (BAA) and Trade Agreements Act (TAA) requirements for supply contracts and construction projects, Build American, Buy American Act (BABA) requirements for federal-assisted infrastructure, and agency-specific requirements, such as American Iron and Steel (AIS) rules and USDOT Buy America Act program.
• Provided related client advice on specific products and projects, decision trees and compliance maps, training for executives, in-house legal departments and sales teams. Clients range from small Midwestern manufacturers with outsourced portions of their supply chain to international corporations with US-based operations and global supply chains.
• Helped construction company resolve Buy American Act (BAA) country of origin violations under federal contract for redevelopment of high-tech research laboratory.

Prevailing Wage Compliance

• Compliance counselling on prevailing wage compliance for laborers and mechanics under federal Davis Bacon Act (DBA) and Related Acts (DBRA), Contract Work Hours and Safety Standards Act (CWHSSA), the Inflation Reduction Act (IRA) and state and local prevailing wage laws, including helping clients conducting internal compliance reviews, pay backwages, pursue requests for equitable adjustment (REAs), and develop compliance programs to accommodate recent legal changes. Representative clients include multi-billion dollar specialty construction company, small demolition company, and general construction companies.
• Legal advice regarding federal prevailing wage standards for service workers under the Service Contract Act (SCA), including compliance reviews, payment of backwages, REAs and compliance advice on issues ranging from creditable fringe benefits to defining covered workers. Representative clients include temporary staffing agency, national transportation company, food service and vending machine contractor, and clinic laboratory testing company.
• Represented clients in investigations by state and local departments of labor related to prevailing wage violations. For example, advised construction company through enforcement action by MN Department of Labor and Industry (DLI) related to federal and state-funded wastewater project that spanned MN and ND. Advised companies through investigations by the City of Minneapolis related to HUD-project DBA noncompliance. Represented road construction company in dispute with Minnesota Department of Transportation (MNDOT) and the St. Paul Department of Human Rights & Equal Economic Opportunity for alleged wage and hour violations under state and city prevailing wage laws.

State and Local Procurement

• Helped clients pursue, negotiate and comply with cooperative contract awards, such as through Sourcewell and NASPO, for products ranging from furniture to cybersecurity software to maintenance services.
• Represented national emergency medical services buying group with public procurement compliance, including drafting requests for bids and awarding contracts.
• Pursued and defended state and local bid protests, including protesting awards made by the City of Minneapolis, City of St. Paul and the Metropolitan Airports Commission.
• Drafted procurement documents and related policies for public entities, including school districts, regional government agency, cities, economic development associations (EDAs), housing and redevelopment authorities (HRAs), job development authority (JDA) and other quasi-governmental organizations.
• Defended roofing company accused of bid rigging using proprietary specifications in procurement contracts with school districts.

Mergers & Acquisition

• Performed government contracts due diligence on hundreds of mergers and acquisitions involving companies holding federal, state, local and tribal contracts and grants, including providing post-closing assistance on matters such as contract novation, contractor registration updates, and size status changes.
• Represented health care company in acquisition of government contractor with dozens of contracts with local, state and federal prisons and correctional institutions, including contracts with the Federal Court System and the Department of Justice (DOJ) Federal Bureau of Prisons.

Indian Law

• Represented tribally-owned businesses in the federal SBA 8(a) program, and related procurement preference programs within other federal and state agencies.
• Advised companies on TERO compliance related to construction projects on tribal land.
• Drafted and negotiated solar and wind resource leases under BIA regulations. Representative clients include international wind developer in negotiation of wind resource leases and related agreements with six Indian Tribes for wind development project, and solar resource lease for energy cooperative.
• Represented tribally-owned renewable energy company in negotiations with GSA for sale of power under the federal Tribal Renewable Energy Preference program.

Education

• University of Minnesota Law School, J.D., 2006, magna cum laude
• University of Minnesota, B.A., Global Studies and Philosophy, 2001

Admissions

• Minnesota

• Minnesota State Bar Association, North Star Lawyer, 2015-2016
• Minnesota Super Lawyers, Rising Star
• Minnesota Business Magazine, The (REAL) Power 50 Award, 2013
• Finance & Commerce, Progress Minnesota Award, 2013
• Minneapolis/St. Paul Business Journal, 40 Under 40, 2013
• Minneapolis-St. Paul Business Journal, Woman to Watch, 2010
• University of Minnesota, Lockhart Award for Scholarship, Leadership and Service, 2005

Professional Activities

• Vice Chair, Small Business and Other Socio-Economic Programs Committee, Public Contracts Law Section (PCL), American Bar Association (ABA), 2024-current
• Vice Chair, Grant Law Committee, PCL ABA, 2024-current
• Contracts Committee Member, Associated General Contractors of MN, 2024-current
• Member, Labor and Employment Law Council, Associated General Contractors of America
• Member, Employment Safety and Labor Committee, PCL ABA
• Member, ABA Forum on Construction Forum
• Member, National Contract Management Association
• Adjunct Professor of Law, Local Economic Development, University of Minnesota Law School, 2008-2010

Community

• Advisor and Pro Bono Counsel, Cannon Valley Maker Center 2021-current
• Board Chair, Citizens League, 2010-2012