Government Contracts

Represent international contractor in appealing Contracting Officer decision denying multiple claims on military base in New Jersey

Assist general contractors on handling differing site conditions federal dam projects in Washington and Wyoming

Ongoing representation of ship construction manager for construction of a series of 5 ocean going vessels.

Successfully represented ship managers and port operators on the East and West coasts in winning contracts and recovering additional contract claim costs.

Favorably resolved False Claims Act allegations on behalf of Fortune 100 information technology provider in connection with alleged conflict of interest, pricing, and kickback violations under various government contracts.

Successfully obtained dismissals of a series of False Claims Act cases brought against Fortune 500 information technology provider in connection with Trade Agreements Act compliance under the company’s General Services Administration’s Federal Supply Schedule contract.

Favorably resolved False Claims Act allegations against a Fortune 500 information technology provider in connection with Trade Agreements Act compliance under its General Services Administration’s Federal Supply Schedule contract.

Successfully represented Fortune 500 information technology provider in multiple protests filed at the U.S. Small Business Administration and the U.S. Government Accountability Office, which resulted in the client getting a $400-plus million contract from the Internal Revenue Service regarding the IRS.gov website.

Successfully represented government contractor in defense against protests filed at the U.S. Government Accountability Office and the U.S. Court of Federal Claims, thus preserving client’s award of a $1 billion ID/IQ contract and associated task orders to provide critical rotary wing aviation services, including heavy lift aircraft, in support of the ongoing U.S. mission in Afghanistan issued by the U.S. Central Command.

Successfully represented Fortune 500 information technology provider in multiple protests at the U.S. Government Accountability Office and the U.S. Court of Federal Claims, and the U.S. Court of Appeals for the Federal Circuit in connection with the U.S. Army’s $5 billion Army Desktop and Mobile Computing 3 procurement.

Successfully represented Fortune 500 information technology provider in a protest at the U.S. Government Accountability Office in connection with the U.S. Air Force’s $9 billion Network Centric Solutions 2 procurement.

Successfully defended against a post-award GAO bid protest challenging the award of a $43 million medical center operations & maintenance contract to our client.  The protest was denied, and the award to our client confirmed.  Valiant Government Services, LLC, B-416488, 2018 WL 4328307 (Comp. Gen. 2018). 

Successful post-award GAO bid protest challenging the award of a $375 million contract awarded by NASA for engineering, research, and scientific support services. GAO sustained our client’s protest, finding numerous errors in the past performance and cost realism evaluations, and also recommended NASA reimburse our client’s attorneys’ fees. Trident Vantage Sys., LLC; SKER-SGT Eng’g & Sci., LLC, B-415944 et al., 2018 CPD ¶ 166, 2018 WL 2355998 (Comp. Gen. 2018).

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). 

Successfully defended against a bid protest challenging the award of laundry services contract to our client by the Army. GAO granted our motion to dismiss the protest based the protestor’s failure to comply with GAO filing deadlines.

Successfully represented a medical services contractor protesting the award of a contract for operation and maintenance services at U.S. Army medical facilities located in a foreign country to another contractor. The Army took corrective action in response to our GAO protest, canceled the protested contract award, and eventually awarded the contract to our client.

Successfully represented a specialty manufacturer challenging the award of contract for a Navy landing craft. As a result of the protest we filed at GAO, the Navy took corrective action requested, resulting in award of a contract to our client.

Successfully protested the Army’s failure to award our client an IDIQ contract to our client in a MATOC procurement for a design-build medical facility construction valued at $585 million. After the U.S. Court of Federal Claims issued a preliminary injunction, the Army took corrective action and awarded an IDIQ contract to our client.

Successful pre-award protest challenging experience requirements as unduly restrictive of competition in the RFP for the Guantanamo Bay BOS contract. The Navy took corrective action in response to our protest by eliminating the protested restriction.

Successfully represented a materials testing and engineering contractor challenging FHWA’s improper sole source award of a laboratory support services task order to another contractor. After we filed a GAO protest and obtained a CICA stay of performance of the protested contract, the government announced it was going to override the CICA stay. We went to the U.S. Court of Federal Claims and successfully obtained a temporary restraining order prohibiting the government from overriding the CICA stay during pendency of a GAO protest. As a result, the government took corrective action, canceled the task order award we had protested, and awarded the client a task order for the work.

Successfully protested the Navy’s elimination of our client from the competitive range in a procurement for base operations services valued at nearly $350 million. GAO sustained our bid protest and awarded our client its attorneys’ fees. West Sound Services Group, LLC, B-406583.2, B-406583.3, 2013 CPD ¶ 276, 2013 WL 6247506 (Comp. Gen. July 3, 2013)

Successfully protested the GSA’s award of a contract for a multi-site custodial and maintenance services contract in Texas, which was set-aside for service-disabled, veteran-owned small businesses. GAO sustained the bid protest and awarded our client their attorneys’ fees. Quality Services International, LLC, B-410156, et al., 2014 CPD ¶ 330, 2014 WL 6657714 (Comp. Gen. Nov. 3, 2014)

Successfully defended against a bid protest at the U.S. Court of Federal Claims challenging the USDA’s award of an IT help desk services contract to our client under the AbilityOne Program. Nat’l Telecommuting Inst., Inc. v. United States, 123 Fed. Cl. 595, 599 (2015)

After we protested the Navy’s award of a nearly $70 million contract for janitorial and custodial services at Walter Reed Medical Center to the incumbent contractor, the Navy took corrective action, revaluated proposals and awarded our client the contract. We then successfully defended that award against a bid protest by the incumbent contractor at the U.S. Court of Federal Claims. NVE, Inc. v. U.S., 121 Fed. Cl. 169 (2015)

Successfully protested the Army’s award of an approx. $90 million small business set-aside contract for logistical support services in Hawaii. The U.S. Court of Federal Claims found there were ample grounds to sustain our client’s bid protest. Dellew v. U.S., 127 Fed. Cl. 85 (2016)

Successfully protested FHWA’s award of $18 million laboratory support services contract on basis that awardee’s proposed key personnel fail to meet the RFP’s minimum qualification requirements. GAO sustained our protest and awarded our client its attorneys’ fees. Professional Service Industries, Inc., B-412721.2 et al., 2016 CPD ¶ 234, 2016 WL 4582238 (Comp. Gen. July 21, 2016)

Successful pre-award bid protest challenging FHWA decision to re-solicit and re-evaluate proposals based on revised criteria set forth in an amendment to the solicitation. The U.S. Court of Federal Claims held FHWA’s actions to be arbitrary and capricious and issued a permanent injunction in favor of our client. Professional Service Industries, Inc. v. U.S., 129 Fed. Cl. 190 (2016)

Successfully represented a construction contractor protesting the elimination of its bid, and award of a contract to another contractor, to build a waste treatment facility for failing to comply with the Washington State subcontractor listing statue. After we filed a bid protest challenging the government’s decision to eliminate our client’s bid, the government took corrective action by canceling the award and agreeing to re-bid the project.

Represented a construction contractor challenging a local agency’s elimination of our client’s proposal as non-responsible in a procurement for a port facility. After we obtained a temporary restraining order, the agency offered to award our client a portion of the contract and pay a portion of client’s attorneys’ fees.

Successfully represented a developer protesting the award of a long-term development and property management contract for one of the most sought after public land developments in Seattle. As a result of our protest, the awardee and our client negotiated a contract to co-develop the project.

Effectively applied the concept of partnering in achieving claims free performance for the constructor of a new floating bridge following the sinking of a predecessor bridge and major litigation brought by State.

Represented JV prime contractor in claims against the project owner on a seawall replacement project valued at over $400 million.

Successfully represented a contractor protesting the City of New Orleans’s failure to award the client a spot in the City’s engineering and material services contract pool for construction projects. As a result of our protest, the City canceled all the awards under the RFQ and announced it would conduct a brand-new procurement.

Represented client in a California bid protest involving a >$400 million wastewater treatment facility.

Handled the bid protest for the manufacturer and supplier of engines and control systems on a contract for the construction of ferries for the Washington State Department of Transportation including pursuing the protest through a multi-day court hearing after which court ruled in favor of the client on its protest resulting in a rejection of the award to another supplier.

Successfully represented a telecommunications contractor protesting the elimination of its proposal from a competition for a NASPO multiple-award contract to supply communications equipment to state and local agencies across the country. As a result of our public records requests, bid protests and letters to the Washington state attorney general, the lead procuring agency took corrective action and conducted a brand-new procurement, ultimately resulting in award of a contract to our client.

Regularly advise small business contractors on avoiding affiliation issues.

Drafted a joint venture agreement between three small businesses to compete together for a SDVOSB set-aside.

Drafted and helped negotiate numerous SBA mentor-protégé joint venture agreements.

Successfully defended a construction contractor against a size protest challenging the award of U.S. Department of State small business set-aside contract based on allegations that our client was an ineligible foreign corporation and large due to affiliation. SBA denied the size protest on all grounds, affirming the contract award to our client.

Successful size appeal challenging SBA Area Office’s determination that protested concern was small under the applicable size standard for electrical substation work at an Army facility. SBA OHA granted our appeal reversed the Area Office’s size determination, finding that the Area Office relying on a firm’s self-serving post-offer statements contradicting clear evidence in the resumes submitted in its offer of excessive reliance on a firm that the SBA OHA found should have been considered its affiliate under the ostensible subcontractor rule. Size Appeal of KVA Elec., Inc., SBA No. SIZ-5045 (2009)

Successful NAICS code appeal challenging the NAICS code assigned by the U.S. Army Corps of Engineers to a small business set-aside procurement to replace substation breakers at Fort Lewis. SBA Office of Hearings and Administrative Appeals (“OHA”) granted our appeal, ruling that the contracting officer committed clear error in selecting the NAICS code designation for the procurement. NAICS Appeal of KVA Elec., Inc., SBA No. NAICS-5050 (2009)

Successful size appeal, challenging an SBA  Area Office’s size determination. On appeal, SBA OHA reversed the Area Office’s size determination because the Area Office erroneously determined that our client, an 8(a) mentor-protégé joint venture, was affiliated with its protégé company. Size Appeal of CJW Construction, Inc., SBA No. SIZ-5254 (2011)

Defended our client against claims of affiliation in a size protest and size appeal concerning the award of a Navy janitorial contract set-aside for small business. The SBA ruled in our favor and confirmed our client was eligible for the contract award. Size Appeal of NVE, Inc., SBA No. SIZ-5638 (2015)

On a major pier construction for the Navy in California, represented large regional heavy civil contractor on claims involved differing site conditions, design deficiencies, and major changes during the course of the work, greatly extending time and cost. Agreed with government to utilize modified alternative dispute resolution procedures to favorably resolve dispute in mediation.

Worked closely with national heavy civil contractor on dam rehabilitation contract with Corps of Engineers to resolve a claim involving differing site condition which made portions of the work impossible and greatly increased cost of work. Resolved through dispute process with the public agency on favorable terms to contractor and allowed for completion of the project through administrative process.

Represented large regional heavy civil contractor on new pier construction at major U.S. Navy facility including differing site conditions, design defects, and superior knowledge claims, as well as claims by subcontractors. Favorably resolved dispute with government by use of alternative dispute resolution procedures. Favorably resolved dispute with subcontractor after litigation filed using federal judge as mediator.

Represented national heavy civil contractor on floating bridge rehabilitation contract where bridge failed during work. Worked closely with client to resolve claims with public agency and successfully mediated resolution in multi-day, multi-party mediation, including contractors, public agency, bonding company and insurance companies resulting in no loss for contractor.

Secured large settlement for contractor of a major port expansion first against the federal government and later on claims by public owner against the project’s design and construction firms.

Provided representation to an electrical subcontractor on a new school project regarding disputes during the course of construction and helped prepare and present a substantial claim for delay disruption and the contract balance. The claim was pursued through a five-week jury trial after which the client was awarded a judgment for all amounts sought including costs and fees.

Lead counsel for general contractor building four major transit stations underground in downtown Seattle. Handled major claims against municipality owner and more than 30 subcontractor claims. Successfully resolved all major issues with minimal litigation.

Represented large JV on $150 million plus design-build project for a new section of highway including several bridges, for a state DOT. Involved throughout project with major differing site conditions claims leading to substantial change orders and ultimately an agreed termination. Pursued arbitration against design engineers thereafter for significant recovery.

Represented JV prime contractor in a >$100 million arbitration relating to a light rail project against the project owner and involving multiple subcontractors.

Obtained large award from a contract appeal board following a hearing of wrongful termination claim on a highway contract.

Achieved multi-million dollar settlement of contractor claims against the State of Hawaii involving changed conditions incurred in construction of a large sewage treatment plant.

Successfully represented a national construction and engineering firm in a multimillion dollar claim against the United States Air Force on a nationwide construction matter that was settled on the eve of trial on terms very favorable to the client.

Represented housekeeping contractor in bid mistake claim against the Air Force at the ASBCA, resulting in a favorable settlement for our client.

Represented a construction contractor against the Navy in an ASBCA appeal involving claims arising from the refurbishment of a foreign government’s military installation.

Secured multi-million dollar decision from ASBCA granting full recovery for significant quantity underruns on a dredging project.

Represented base operations contractor in an ASBCA appeal against the U.S. Navy involving the scope of the services contract.

Represented SDVOSB in lengthy contract suspension disputes and successfully negotiated a termination for convenience settlement with the VA.

Obtained full recovery based on decision of the Engineering BCA for inherent failure of a government-designated rock quarry to produce specified armor stone for new dikes/revetments on a harbor project.

Represented a construction contractor in an ASBCA appeal involving claims valued at over $25 million for defective specifications, differing site conditions and cardinal change on a design-build construction contract for large residential facilities at an Air Force base.

Successfully defended a major Energy Department contractor against a lawsuit seeking hundreds of millions of dollars in Idaho Federal Court.