Nena M. Lenz

Nena Lenz is an attorney at Fredrikson & Byron, P.A. who specializes in federal, state, tribal, and local government contracts and grants, with a focus on infrastructure.

Over the past 20 years, Nena has represented clients doing business with each federal executive department spanning hundreds of federal programs, as well as dozens of states and hundreds of local government and quasi-governmental entities. Nena provides skilled negotiation, compliance counselling, and strategic crisis management to help her clients thrive in this complex regulatory environment.

Nena helps Heartland organizations and people. Her clients design the public infrastructure we rely on and employ the people who build it. They partner with government agencies on cutting-edge energy research and manufacture advanced construction technologies for publicly-funded projects. They provide environmental testing and remediation services and make the filtration systems that clean our water.

Nena helps clients succeed in the pursuit and performance of projects through small business programs, including SBA mentor-protégé programs. She helps clients resolve project performance issues, such as through negotiating requests for equitable adjustment and change orders, enabling the successful completion of projects without disputes.

Since public funding comes with strings attached, Nena helps her clients navigate ever-changing rules and regulations on domestic sourcing, prevailing wage, and small business programs. And during times of crisis, Nena carefully evaluates claims of noncompliance and provides advice on how to proceed.

Proactively, she helps clients tailor policies to fit their unique organization and conducts related training and internal audits. She also designs client-specific internal compliance reviews, covering issuing ranging from small business programs, grant administration, and domestic sourcing.

Because they are sovereign nations, doing business as or with Native American Tribes and Alaska Native Communities involves attention to a complex web of regulations. Nena helps clients navigate that web to accomplish their goals. Nena helps tribally-owned businesses comply small business preference programs, including the 8(a) program, and advises partners in mentor-protégé joint ventures. She negotiates agreements on behalf of energy companies developing projects on Tribal land and helps construction companies navigate TERO regulations and federal Indian preference programs.

Nena is calming through crisis, direct in her analysis, and results-driven. Ultimately, her highest aim is for her clients to win. Whether that’s signing a major research funding agreement, obtaining approval for an equitable adjustment, resolving a compliance scare without incident, or winning a size protest, Nena is motivated to help her clients achieve their goals.

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 pursuit of and compliance with federal 8(a) contracts.
• 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) 2024-2025
• Member, Grant Law Committee, PCL ABA
• Member, Employment Safety and Labor Committee, PCL ABA
• Member, State and Local Procurement Committee, PCL ABA
• 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