Government Contracts and Procurement Policy

Represented a global engineering and construction firm in a prime/subcontractor dispute involving delay and disruption analysis and technical changes.

Assisted a global logistics company with the U.S. Army’s Logistics Civil Augmentation Program contract worth as much as US$6 billion. Coordinated the client’s entry into all countries in which it was required to perform, using either internal resources or coordinating local counsel. Provided advice regarding host nation business registration, taxes, labor issues, and U.S.-host country treaties and status of forces agreements.

Defended an award to a service-disabled veteran-owned small business in connection with a Defense Information Systems Agency task order for technical operations support for the Joint Staff, Cyberspace Environment Division, Joint Information Operations Range, which develops and maintains a distributed, closed-loop live-fire network to support training and testing of information-related capabilities in and through cyberspace. Defended protests from two unsuccessful offerors, each of which challenged, among other things, organizational and consultant conflict of interest concerns. The Government Accountability Office denied or dismissed all grounds of protest.

Operated as a critical team member of a global supplier of coatings and specialty materials on its government contracting issues, including providing comprehensive compliance and negotiation assistance on government contracts, cooperative agreements, cooperative research and development agreements, and other government agreements.

Represented a subcontractor in negotiating an agreement to perform under an Other Transaction Authority project-level agreement awarded to a consortium. Negotiated and revised terms of subcontract to ensure protection of client’s intellectual property and data rights.

Represented a small business defense contractor in a bet-the-company appeal of a claim at the Armed Services Board of Contract Appeals regarding the Marine Corps Improvised Explosive Device Detector Dog Program claiming a government breach of the duty of good faith and fair dealing and constructive change to the contract. The appeal resulted in successful settlement of the claims.

Assisted a provider of rail joints in assessing Buy America requirements for use of domestic steel on projects funded by Department of Transportation grants.

Assisted a global provider of electronics and energy solutions in establishing a compliance program and practices consistent with Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement requirements in order to pursue commercial item sales to the federal government.

Represented a shipbuilder in the sale of the company, including responses to diligence requests and disclosures related to government contracts and compliance programs and purchase agreement negotiations.

Represented a professional services contractor in a successful protest at the Government Accountability Office challenging a Department of Homeland Security award valued at more than US$100 million. Challenged the agency’s technical evaluation, specifically the agency’s disparate treatment of offerors, resulting in a published decision by the Government Accountability Office sustaining the protest.

Defended an award of a General Services Administration Federal Supply Schedule task order for services to support U.S. Citizenship and Immigration Services information technology system delivery by performing cloud replacement of legacy systems valued at US$100 million. Award was protested by two separate competitors at the Government Accountability Office.

Assisted a large defense manufacturer in response to Defense Contract Audit Agency audit findings alleging defective pricing and possible violations of the Truth in Negotiations Act.

Represented a large information technology servicer and integrator in an internal investigation and disclosure to the Inspector General for the General Services Administration regarding noncompliances with the contractor’s most-favored customer and price reduction obligations under the company’s Federal Supply Schedule contract. Analyzed thousands of transactions (working closely with one of the largest forensic accounting professionals) to develop a proposed restitution that the agency accepted after auditing without adjustment. Provided with a formal “close out” letter from the agency without it pursuing any action against our client.

Represented a small business in a size protest before the Small Business Administration challenging the award of a small business set-aside contract to an entity that should not have qualified as small given its affiliation with other entities. Resulted in a finding that the awardee was not a small business and therefore ineligible for award.

Assisted an information technology consulting firm in drafting and negotiating subcontracts and teaming agreements with lower-tier subcontractors performing under a federal prime General Services Administration schedule contract. Included assessment of mandatory and recommended Federal Acquisition Regulation flowdown clauses for commercial item subcontracts and requirements for contractor teaming arrangements.

Represented a provider of Department of Veterans Affairs Community-Based Outpatient Clinics in an appeal to the Civilian Board of Contract Appeals seeking payment for a constructive change. Negotiated a settlement with Department of Veterans Affairs counsel after filing an appeal and complaint.

Assisted a Department of Defense supplier in assessing Buy American Act compliance, specifically the Berry Amendment requirements to supply domestic textiles under DOD contracts, and potential waivers and exceptions.

Represented a client in a Government Accountability Office bid protest challenging agency failure to perform an adequate price realism evaluation in the award of a contract for a Department of Veterans Affairs Community-Based Outpatient, Clinic resulting in the reevaluation and ultimate award to our client.

Represented a technology accelerator consortium in negotiating a project legal agreement with a consortium member pursuant to the award of another transaction authority agreement.