GAO Bid Protests

• Successfully defended the award of a $2.5 billion NASA information technology services contract by arguing the protester failed to show any unfair competitive advantage and that the government’s cost realism evaluation was reasonable. Science Applications International Corporation, B-419961.3, B-419961.4 (Feb. 10, 2022)
• Successfully defended the award of a Naval Air Systems Command contract by arguing the government’s technical evaluation and source selection were reasonable and consistent with the solicitation, and that protester failed to show any evaluation error or prejudice. Airbus Helicopters, Inc., B-418444; B-418444.2 (May 12, 2020)
• Successfully protested the award of a Defense Information Systems Agency (DISA) communications support services re-procurement contract by showing the contract’s period of performance exceeded the undelivered term of the original contract, in violation of the applicable procurement rules. Steel Point Solutions, LLC, B-418224, B-418224.2, (Jan. 31, 2020)
• Successfully defended the award of a task order contract by arguing the government properly evaluated proposals and the protesters failed to demonstrate prejudice. Strategi Consulting LLC; Signature Consulting Group, LLC, B-416867; B-416867.4 (Dec. 21, 2018)
• Successfully protested the award of a Federal Supply Schedule (FSS) blanket purchase agreement (BPA) by arguing the government conducted unfair and unequal discussions and improperly credited the awardee with an affiliate’s past performance. Language Select LLP, dba United Language Group, B-415097; B-415097.2 (Nov. 14, 2017)
• Successfully protested the award of a U.S. Coast Guard contract by arguing the agency’s past performance evaluation was unreasonable and prejudicial in a way that distorted the best value tradeoff decision. SITEC Consulting, LLC; VariQ Corporation; Logistics Systems, Inc., B-413526.4, B-413526.5, B-413526.6, B-413526.7 (Apr. 3, 2017)
• Successfully defended the award of a U.S. Army Materiel Command contract where GAO agreed with intervenors that the solicitation’s restriction on receiving more than one award applied only to prime contract awards and did not bar awardees from also participating as subcontractors.  Point Blank Enterprises, Inc., B-411839; B-411839.2 (Nov. 4, 2015)

Court of Federal Claims Bid Protests

• Successfully defended against a consolidated protest challenging the protesters’ exclusion from the competitive range in a Defense Logistics Agency (DLA) procurement for special operations equipment and logistical support by arguing the government’s decision was rational and non-prejudicial. Quantico Tactical Inc. v. United States, 150 Fed. Cl. 566 (2020), aff’d, 835 F. App’x 598 (Fed. Cir. 2021)
• Successfully defended against a protest challenging the corrective action taken by the government in a U.S. Department of Veterans Affairs procurement. Clarke Health Care Prods., Inc. v. United States, 149 Fed. Cl. 440 (2020)

Prime-Sub Disputes

• Successfully obtained recovery of unpaid invoices for subcontractor, and resolved related qui tam litigation and inquiries from DOJ, DOD IG and the Contracting Officer. Northrop Grumman Tech. Servs., Inc. v. DynCorp Int’l, 865 F.3d 181 (4th Cir. 2017).
• Resolved ongoing prime-sub disputes related to cost and schedule overruns under a subcontract for development of rocket engines in support of a U.S. Space Force prime contract.
• Successfully negotiated a multi-million-dollar settlement on behalf of a U.S. Army prime contractor following the default termination of a subcontractor for failing to timely deliver under the subcontract.

Government Contracts Intellectual Property Disputes

• Successfully represented a contractor in a lawsuit brought against the U.S. Navy alleging that the Navy’s Littoral Combat Ships infringed upon its hull design patents, obtaining a six-figure damages award plus interest, attorney’s fees and expenses.  FastShip LLC v. United States, 968 F.3d 1336 (Fed. Cir. 2020)

Other Government Disputes

• Successfully represented a U.S. Department of State contractor in an appeal challenging an adverse contracting officer final decision relating to a U.S. Embassy security services contract in Iraq, including negotiation of a favorable settlement agreement. SOC LLC, Appellant, CBCA 6045 (Sept. 23, 2019), CBCA 5954 (Sept. 25, 2019)
• Successfully represented a U.S. Department of Veterans Affairs contractor in an appeal challenging the government’s termination for default, including the negotiation of a favorable settlement agreement and conversion to a termination for convenience. Philips Healthcare, Appellant, CBCA 5430 (Apr. 20, 2018)
• Successfully represented an aerospace contractor in a dispute with NASA related to cost and schedule overruns on a $1.3 billion design and build contract for construction of a launch site.
• Represented a contractor following the termination of a $625M Indefinite Delivery Indefinite Quantity (IDIQ) Military Sealift Command services contract.
• Prepared and negotiated multiple Requests for Equitable Adjustment (REAs) to resolve monetary contract disputes short of litigation against the government.
• Successfully converted multiple default terminations into terminations for convenience.
• Prepared and negotiated multiple termination settlement proposals in a manner to maximize contractor recovery.

Small Business Size Appeals

• Successfully appealed an SBA size determination by showing the government improperly inferred affiliation with another firm based on outdated and incorrect information, leading to a reversal of the size determination and affirmation of appellant’s status as a small business. Size Appeal of: Atl. Diving Supply, Inc., Appellant, SBA No. SIZ-6005, 2019 (May 23, 2019)

False Claims Act

• Successfully represented a defense contractor in a False Claims Act lawsuit involving allegations that small business set-aside contracts were fraudulently obtained.
• Successfully represented a defense contractor in a False Claims Act lawsuit involving allegations of improper bid-rigging.
• Advised a prime defense contractor regarding a potential False Claims Act violation committed by one of its subcontractors, including preparation of a disclosure to the contracting agency.

Suspension + Debarment

• Successfully represented a NASA contractor proposed for debarment for alleged falsification of test results.
• Advised a U.S. Army Corps of Engineers contractor on suspension and debarment matters after entering a non-prosecution agreement (NPA) with the U.S. Attorney’s Office relating to securities fraud.
• Made numerous proactive disclosures to Suspension and Debarment Officials (SDOs) on behalf of contractors to avert potential exclusion from government contracting.

Investigations + Government Enforcement Actions

• Conducted an internal investigation related to allegations that a major NASA aerospace contractor violated the Procurement Integrity Act by acting on improperly disclosed information from a government official during the “blackout period” of a lunar lander procurement.
• Represented a defense contractor targeted in federal investigation related to potential violations of the Procurement Integrity Act, the federal bribery and illegal gratuity statute, and other government ethics and conflict of interest rules.
• Represented a defense contractor targeted in an investigation by the Special Inspector General for Afghanistan Reconstruction (SIGAR) relating to the procurement of Afghan National Army uniforms.
• Advised multiple companies on whether and how to make a disclosure to the government under the Federal Acquisition Regulation (FAR) mandatory disclosure rule, including whether evidence gathered during an internal investigation constituted credible evidence of a False Claims Act violation.

Federal Grants + Cooperative Agreements

• Analyzing Notices of Funding Availability (NOFAs) and the terms and conditions of grant awards.
• Counseling recipients and subrecipients on compliance requirements under grant awards.
• Appealing agency decisions to disallow costs incurred under federal grants.
• Negotiating and executing settlement agreements to reduce retroactively disallowed grant and cooperative agreement funds.

Corporate Transactions

• Routinely address the unique issues related to the sale and acquisition of a government contractor or the spinoff of a government business portfolio, including government contracts-related due diligence and contract novation.

Other Disputes Representing Contractors

• Successfully represented a janitorial services contractor in an action brought against former business partner.  Following a jury trial the business partner was found liable for breach of contract and breach of fiduciary duty and ordered to pay compensatory and punitive damages. FLP Global Services, LLC v. Taylormade Solutions, LLC, No. CSA-REG-0962-2021 (Cir. Ct. Prince George’s Cnty., Md. Sept. 26, 2023)
• Successfully represented a U.S. Department of State contractor in a 3,000-plaintiff mass tort litigation arising from contractor’s aerial spraying operations under Plan Colombia. The court granted summary judgment, finding that plaintiffs had not produced sufficient evidence to support their claims. Arias v. DynCorp, No. 1:01CV01908 (ESH), 2016 WL 6496214 (D.D.C. Nov. 2, 2016)