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Biography
Dave's practice includes representing government contractors (including service contractors, construction companies and architect-engineer firms), information technology companies and exporters.
Dave has extensive experience with respect to government contracts issues, including claims preparation and litigation, bid protest litigation at the Government Accountability Office (GAO), the Court of Federal Claims (CoFC), and the Federal Circuit, defense of government claims against architect-engineer firms and counseling government contractor clients on compliance matters. He prepared one of the largest claims ever prosecuted against the US Air Force. Dave has litigated government contract and construction contract disputes at the CoFC, at various administrative boards of contract appeals, in Federal District Courts and in various state courts. He also has been involved in a number of unique alternative dispute resolution (ADR) processes with various federal government agencies to resolve contractor and government claims. Dave also has counseled clients with respect to significant engagements involving the Procurement Integrity Act, the Buy American Act, the False Claims Act, Organizational Conflicts of Interest (OCI), the Freedom of Information Act (FOIA) and other statutes and regulations applicable to government contracts.
Dave also represents clients that engage in international procurement transactions. He regularly counsels these clients about export controls, including compliance with the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), the Foreign Corrupt Practices Act (FCPA) and the sanctions issued by the Office of Foreign Assets Control (OFAC). On behalf of these clients, he has substantial experience in licensing issues, internal investigations, voluntary disclosures and resolutions of allegations involving export violations.
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Representative
Experience
Counseling
- Successfully negotiated a teaming agreement among four large defense contractors for the implementation of the US Army's non-competitive acquisition strategy for an advanced field artillery system and future armored resupply vehicle program
- Advises clients in establishing effective Buy American Act manufacturing and purchasing processes, as well as assisting clients in waiver requests and voluntary disclosures relating to Buy American Act requirements on US government procurements and grant programs
- Prepares IT agreements pertaining to the provision of services
Bid protests
- Successfully convinced a number of different agencies to take favorable corrective action as a result of bid protest actions at both the agency and at the GAO
- Successfully handled protests at the GAO addressing improprieties in IFBs and RFPs, unduly restrictive requirements, best value determinations, privatization issues and conflict of interest issues
- Prosecuted and defended numerous protests arising under U.S. territories and state and local government procurements, as well as those involving the award of grants
Claims
- Assisted a leading aerospace contractor in preparing one of the largest delay and disruption claims ever prosecuted against the US government, having lead responsibility for a $1+ billion component of the claim
- Prepared numerous defective specification claims, a number of which the government accepted without requiring the contractor to commence litigation
- Defended against a government claim that the contractor-client had failed to meet a mean-time-between-failure (MTBF) reliability requirement
- Prepared and successfully resolved a substantial claim involving an energy savings performance contract (ESPC)
Litigation
- Led an effort by a team of V&E; lawyers to obtain a temporary restraining order (TRO) at the CoFC against the U.S. Navy's attempt to override an automatic stay of contract performance imposed under the Competition in Contracting Act (CICA)
- On a successful appeal of a summary judgment dismissal of a subcontractor pass-through claim, convinced the Federal Circuit to reverse a Court of Federal Claims; in doing so, the Federal Circuit adopted contract interpretation arguments of a prime/sub release based on the law of the state where the Federal project was located. SeeMetric Constructors, Inc. v. United States, 314 F.3d 578 (Fed. Cir. 2002)
- For a leading IT company, defended a multi-party litigation and obtained a settlement through mediation whereby the client owed nothing in damages and was indemnified for all legal fees and expenses
- For an architect-engineering firm, defended a claim brought by the Naval Facilities Engineering Command (NAVFAC) for an allegedly defective civil engineering design
- For an architect-engineering firm, defended a claim brought by the City of Chicago for the allegedly defective design of the O'Hare International Terminal
- For an environmental remediation company, prepared and prosecuted a differing site conditions claim against the Dallas/Fort Worth International Airport in Federal District Court in Fort Worth, Texas
- For a government construction contractor, obtained a favorable decision at the Armed Services Board of Contract Appeals (ASBCA) for a claim resulting from a defective specification
- For a major national construction firm, established an argument that led to a court injunction against an owner that sought to initiate arbitration of a dispute beyond the applicable statute of limitations
- For a facilities operations contractor working on a school district/municipal contract, obtained summary judgment for all damages sought in Federal District Court in Maryland
International contracts/export controls
- Investigated and presented numerous voluntary disclosures under the EAR and the ITAR
- Defended a major aerospace company against a multi-million dollar civil sanctions charge brought by the Directorate of Defense Trade Controls (DDTC), alleging violations of the ITAR
- Prepared numerous Commodity Jurisdiction Determination requests that have resulted in the removal of ITAR controls over clients' products and technology
- Prepared numerous Technical Assistance Agreements (TAAs), Manufacturing License Agreements (MLAs), and licenses for the export of equipment and technology
- Defended exporters against allegations by the Office of Export Enforcement (OEE) of the Department of Commerce of violations of the EAR
- Successfully pursued applications at OFAC for licenses under sanctions programs and for removal of entities from OFAC's specially designated nationals (SDN) lists
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Activities and Affiliations
- Member: American Bar Association
- Lecturer: The George Mason University Law School "Technology, Terrorism and National Security Law" curriculum; University of Minnesota National Seminar on Government Contracts; Federal Publications, Inc.; Lecture topics include contracting with the Department of Energy, environmental contracting, base operations support services (BOSS) contracting and general government contracts principles, export controls, economic sanctions and the FCPA
- Listed: Chambers USA: America’s Leading Business Lawyers in international trade law, 2005
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Education and Professional Background
- University of Virginia, B.S., double major in philosophy and economics, 1986
- Marshall-Wythe School of Law at the College of William and Mary, J.D., 1989
- Admitted to practice: Virginia, 1989; District of Columbia, 1990
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