Technical Excellence in Government Contracts
and Construction Matters Since 1893.
Oles Morrison
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Howard Roth has 27 years of experience handling federal procurement matters. He is a knowledgeable advisor in all stages of federal contract law and litigation, including terminations, procurement disputes, protests, procurement integrity, rights in technical data, internal investigations, and contract cost issues. Companies seek out Howard’s counsel on navigating complex bid protests and appeals.

Howard has a list of accolades and accomplishments that few in his industry can rival – recipient of the Army Meritorious Service Medal with oak leaf cluster for expertise and achievement in Government Accountability Office (GAO) protests and contract appeals, legal advisor on defense of a $41 million appeal to the Civilian Board of Contract Appeals (CBCA), and legal counsel for a nationwide military command Enterprise IT network.

Howard has represented government contractors before the GAO, Court of Federal Claims, Armed Services Board of Contract Appeal (ASBCA), and CBCA. Committed to sharing his knowledge of the industry, Howard is a frequent speaker and author on issues relating to contract formation and litigation of contract disputes. He is a Lieutenant Colonel, Judge Advocate General’s (JAG) Corps USA (Retired). His JAG experience includes Trial Team Chief at the Army Contract Appeals Division litigating GAO bid protests and contract appeals, Commissioner at the ASBCA, and Deputy General Counsel at the Army’s Support Command in California.

Representative matters

Bid Protests

Successfully representated ship yards on the West and East coasts in appeals at the ASBCA and in federal district court.

Defended a protest involving multi-million-dollar service contract resulting in successful outcome.

Successful in defeating Agency override of the GAO bid protest automatic stay of contract performance.

Successfully protested U.S. Navy Military Sealift Command’s award of a $32 million O/M contract for the SBX-1 – the floating, self-propelled, mobile radar system used by the U.S. Missile Defense Agency to detect and track incoming ICBMs fired at the United States. GAO sustained our protest, finding that agency had made numerous errors in the evaluation of the awardee’s past performance, and awarded our client its attorneys’ fees. TOTE Services, Inc., B-414295, B-414295.2, 2017 WL 2417191 (Comp. Gen. April 25, 2017).

General Matters

Provided full range of legal counsel to the Army program manager responsible for construction of over 50 buildings in seven states.

Resolved government contract law issues for an Army acquisition team developing a nationwide IT data center with 45,000 users at 900 sites.

Conducted over 150 contract appeals as a Commissioner at the Armed Services Board of Contract Appeals.

Counsel to shipyards and construction companies on preparing Requests for Equitable Adjustments.

Counsel to clients seeking to do business in the federal marketplace.

Successful representation of an Ability One contractor in a protest at GAO.

Successful representation of construction contractor with an appeal to the ASBCA.

Legal advisor on defense of a $41 million appeal to the Civilian Board of Contract Appeals (CBCA).

Maritime

Successfully representated ship yards on the West and East coasts in appeals at the ASBCA and in federal district court.

Small Business and Socio-Economic Programs

Regularly handle matters before the ASBCA, the CBCA, the Small Business Administration Office of Hearings and Appeals, the GAO, U.S. Court of Federal Claims, and federal district courts.

Publications & Presentations

Speaking Engagements

  • Presenter, “Teaming & Joint Venturing for Government Contracting Success,” Washington PTAC, Kennewick, WA, June 1, 2017
  • Presenter, “Small Business Contracting & Legal Issues,” Washington PTAC, Kennewick, WA, November, 16, 2016
  • Presenter, “Rights in Technical Data/ Intellectual Property,” Puget Sound NCMA February 2016
  • Presenter, “Federal Contracts: A Year in Review for Primes, Subs, and Government Agencies!” NCMA, Portland, OR, May 2015
  • Presenter, “Compliance Hot Topics: Small Business Subcontracting Plans and
    Representations and Certifications,” NCMA, Columbia Basin Chapter, April 2015
  • Presenter, “Maritime Contract Claims Against the United States,” Southeastern Admiralty Law Institute, Point Clear, AL, June 2015
  • Presenter, “Small Business Subcontracting Plans: New Requirements and Penalties,” NCMA Puget Sound, Seattle, WA, March 2014
  • Presenter, “Collateral Consequences of False Claims Act Settlements,” CLE International, San Francisco, CA, April 18, 2013

Publications

  • Author, “Anchors Aweigh! U.S. District Court Jurisdiction over Maritime Contract Disputes Act Claims,” The Procurement Lawyer, American Bar Association, Volume 52, Number 4, Summer 2017
  • Author, “President Trump Puts Buy America and Buy American Acts in the Spotlight – What Contractors Need to Know,” The Procurement Playbook, March 13, 2017
  • Author, “Department of Defense Rescinds 2015 Commercial Items Guidance,” The Procurement Playbook, September 12, 2016
  • Author, “ASBCA Appeals Proceed Despite Parallel False Claims Act Case,” The Procurement Playbook, August 22, 2016
  • Author, “Federal Contracts: Tips for Successful Sponsorship of Subcontractor Claims,” The Alaska Contractor, Winter 2016
  • Author, “A Refresher on Filing a Federal Bid Protest at GAO,” The Alaska Contractor, Spring 2014
  • Author, “Maritime Contract Claims Against the United States,” Southeastern Admiralty Law Institute, No. 158891, June 2015
  • Author, “Contract Appeals: How to get an experienced construction law arbitrator or hearing officer,” The Alaska Contractor, Spring 2015

Affiliations

  • American Bar Association (ABA), Section of Public Contract Law
    • Associate Editor, ABA, Public Contract Section’s Procurement Lawyer
    • Co-Chair, ABA Public Contract Law Section Federal Procurement Institute
  • Past Chapter President, National Contract Management Association
  • Past Chair, Water Transportation Committee of the Virginia Bar Association’s Transportation Law Section

Awards & Honors

  • Army Meritorious Service Medal with oak leaf cluster for expertise and achievement in contract appeals and GAO protests