REPRESENTATIVE
EXPERIENCE: BID PROTEST LITIGATION
Successfully represented company developing and manufacturing space launch vehicles
in defending its award by NASA of a $3.1 billion contract for launch supply services to Resupply the International Space Station.
A disappointed bidder first filed a protest of the contract award at the Government Accountability Office, and then
filed an action at the Court of Federal Claims challenging NASA's decision to override the automatic stay of performance imposed
by the Competition in Contracting Act. Both actions by the protester were unsuccessful. Successfully represented company in
multiple bid protests at the Government Accountability Office over its award by the Department of Commerce of the contract
for administering the .us top-level internet domain, which is the official country code domain for the United States. The
case involved jurisdictional arguments of first impression at the Government Accountability Office (GAO) related to whether
the protester had met statutorily imposed timeliness requirements. In its decision, the GAO agreed with our
client's position and dismissed the majority of the protest grounds as untimely filed. Represented company developing and manufacturing
space launch vehicles in its challenge to billions of dollars in sole source contracts being awarded by the Air Force.
Through the litigation, the Air Force agreed to open the space launch contracts to competition on a yearly basis. Represented
leading information management company in its protest of the award of a contract by the U.S. Department of Homeland Security
for digitization of all Alien-File data that resides in the various U.S. Citizenship and Immigration Services centers. Represented
engineering services company in its successful protest of the Navy's sole source award of a contract for training systems
engineering services in support of the Navy's Aegis Cruisers and Aegis Destroyer baseline development. The
protest challenged the award as an out-of-scope task order, and the Navy took corrective action in response to the protest. Represented
the awardee of a Department of Housing and Urban Development contract for management and marketing services in connection
with disposition of single-family homes and other property owned by HUD. The protester challenged at the
GAO and the Court of Federal Claims virtually all aspects of HUD's evaluation and elimination of the protester from the competitive
range. The GAO protest decision upheld the agency's evaluation and denied the protest on all counts.
The subsequent protest at the Court was withdrawn after the Court denied the protester's request for a temporary restraining
order. Represented information technology company in
its protest of the State Department's award of a contract for information technology support services to be performed for
the Chief Technology Officer within the Bureau of Diplomatic Security. Represented
leading provider of geospatial and database products in its protest of the award of a contract by the National Geospatial-Intelligence
Agency for mapping database software and geographic data as part of NGA's Homeland Security Infrastructure Database for all
Federal, State, and Local users. The protest successfully challenged NGA's technical evaluations and the
awardee's ability to meet the contract requirements. Based on the issues raised in the protest, the agency
took corrective action and terminated the awarded contract. Represented
commercial space launch contractor in successful protest of NASA's decision to procure data to demonstrate the ability of
commercial space launch systems to support the International Space Station on a sole source basis. The
anticipated $227 million sole source contract was challenged on numerous grounds involving complex technical and programmatic
issues. Based on GAO's outcome prediction indicating a favorable decision for the protester, NASA agreed
to take corrective action and to pay protest costs, including attorney fees. Represented
major Defense contractor protesting NASA's contract for test operations services at the Stennis Space Center and the Marshall
Space Flight Center. The matter involved multiple protesters challenging NASA's evaluations of technical
issues, and its cost realism analysis. After a hearing and taking written testimony from the protester's
expert witness, the GAO sustained the protest and recommended that NASA take corrective action. The client
also recovered protest costs, including attorney fees. Represented
leading provider of secure off-site data storage protesting Social Security Administration contract for the provision of all labor, facilities, and equipment for a secure off-site magnetic media vault facility for SSA's
disaster recovery program. The protest challenged the awardee's ability to meet all of the minimum mandatory
technical requirements stated in the solicitation. Based on the issues raised in the protest, SSA agreed
to take corrective action. Represented
awardee of a Navy contract for INMARSAT Saturn-Bm terminals high-speed modem capability, Saturn-Bm antennas, integrated antenna
hand-over upgrade kits as well as engineering services and maintenance support for satellite communications on Navy ships.
The protester challenged the Navy's evaluation of its technical solution and compatibility with INMARSAT requirements.
The protest decision upheld the agency's evaluation and denied the protest on all counts. Represented
major Defense contractor in the protest of the award of an Air Force contract for ground carts to cool aircraft avionics during
maintenance. The protest successfully challenged the Air Force's technical evaluations and the awardee's
ability to meet the minimum mandatory requirements. With the assistance of written testimony from the protester's
technical expert, the Air Force agreed to take corrective action, settled the protest, and paid the client's attorney fees.
Lead counsel representing a joint venture company
awarded a $2.4 billion Army contract for the Abrams-Crusader Common Engine Program contract. The multi-billion
dollar contract required the design, development, and fielding of a new propulsion system for the M1 Abrams main battle tank
and the Crusader artillery system. The protester challenged all aspects the Army's technical evaluations,
as well as life cycle costs and pricing issues. The protest itself was selected by the GAO as a test case
for its E-Filing Pilot Project, which provided for electronic filings and submittal of electronic media. Protester
withdrew the protest prior to the GAO issuing a decision. Represented major Defense contractor in defense of the Air Force's
award of the Counterdrug Surveillance and Control System contract for a network of radar systems in the Caribbean and South
America. Successfully argued government contract issues supporting the Department of Justice in the TRO/PI
hearing. Represented the awardee of an information technology
contract for electronic record conversion and recordkeeping of gun registration records for the Bureau of Alcohol, Tobacco
and Firearms. The matter involved technical and pricing issues, requiring written testimony of an expert
witness. The decision is one of several key cases interpreting the requirement for meaningful discussions
after the FAR Part 15 rewrite. Represented
major Defense contractor protesting the Navy's award of a $6.5 billion contract for the operation and management of the Bettis
Atomic Power Laboratory. Protest involved extensive challenges to evaluation of technical proposals, and
included substantial motion practice, multiple experts, and a GAO hearing. Represented
protester of a Navy contract for comprehensive reduction and disposal of radioactive waste at the Pearl Harbor Naval Shipyard.
Protest challenged technical evaluations involving complex waste disposal methods and technology. GAO
sustained the protest based on various flaws in the evaluations raised by the protester. Represented
an awardee of DoD's worldwide express small package delivery contract. A motion to dismiss caused the GAO
to narrow the scope from numerous issues to one issue before production of the agency report. Upon review
of agency report, the protester withdrew the protest. Represented
awardee of contract for design, development, installation, and maintenance of inmate telephone systems in all federal prisons.
Represented major Defense contractor protesting
the Army's award of a contract for the design and development of war-fighting technology. Represented major Defense contractor concerning Navy's award of a contract
for production of multiple lots of underwater anti-submarine warfare system.
|