Robert Nichols

Robert Nichols is a partner in the firm's Washington, DC office and co-chair of the firm's Government Contracts practice group.

Mr. Nichols' practice focuses on US procurement, regulatory, and litigation matters for contractors in the areas of defense and aerospace, large-scale construction, and international development.  His experience includes compliance counseling; litigating and arbitrating claims and terminations; leading teams defending against investigations by the U.S. Department of Justice, Inspectors General and Congress; suspension and debarment actions; procurement-related legislation; negotiating contract terms; due diligence for contractor M&A; Foreign Military Sales; security clearance issues; and risk mitigation techniques for contractors working overseas.

Mr. Nichols has been an active lecturer and author.  He has taught a course on international government and commercial contracts for Federal Publications Seminars and at various top defense and aerospace companies.

Representative Matters

• Lead counsel for an NGO in what is believed to be the largest USAID suspension and False Claims Act case ever brought.
• Representation of a top five defense & aerospace contractor on a range of bid protests, claims, and overseas contracting matters.
• Lead counsel for Fortune 50 aerospace contractor in seeking a “present responsibility” determination by its military customers following a deferred prosecution agreement with the Justice Department, a consent agreement with the State Department, and special interest from the Senate Armed Services Committee.
• Representation of a Middle East company on contracts with the U.S. State Department valued at $2 billion for the construction of embassies in the Middle East, Africa, and Asia.
• Representation of a Dubai-based energy company selling fuel to the Defense Department for military bases in the Middle East.
• Representation of multiple major defense contractors in successful defense of GAO bid protests relating to armored fighter vehicle procurements valued in excess of $40 billion.
• Lead counsel for a Fortune 50 contractor in $90 million claim against the government, settling the case at full value after extensive negotiations with USAID and the National Security Council.
• Advising some of the largest overseas contractors and NGOs in developing worldwide compliance programs, acquiring US subsidiaries, and navigating the regulatory environment to build US government contracts business.

Previous Experience

• Judge Advocate General, Honors Program of the U.S. Army Corps Engineers

Honors and Rankings

• Washington DC Super Lawyers, Government Contracts (2013)

Pro Bono

• Mr. Nichols' pro bono work includes being outside general counsel to the Army Engineer Association.

Memberships and Affiliations

• GW Law Government Contracting Industry Advisory Board, Member
• Founder and former Advisory Board Chair of the “International Government Contractor,” a Thomson West publication.
• American Bar Association, International Procurement Committee of the Section of Public Contract Law, former Chair
• American Society of International Law, Member

Publications and Speeches

• Robert Nichols was interviewed by Law360 in “Q&A With Covington's Robert Nichols” (2/28/2013).
• Mr. Nichols was quoted in the Washington Post article entitled, “U.S. Embassy in Baghdad Declared Ready, With Nudge by Rockets” (4/18/2008).

Publications

• "Contracting In A Perfect Storm Of Enforcement Risk: Part 1," Law360 (5/22/2013), Co-Author
• "The Government Contracts Update," Covington E-Alert (5/15/2013), Co-Author
• "Innovative Approaches to Legal Risk Management," Covington E-Alert (5/10/2013), Co-Author
• "The Government Contracts Update," Covington E-Alert (4/29/2013), Co-Author
• "Reflections on Legal and Policy Developments in Cybersecurity," Law360 (4/25/2013), Co-Author
• "The Government Contracts Update," Covington E-Alert (4/16/2013), Co-Author
• "The Government Contracts Update," Covington E-Alert (3/7/2013), Co-Author
• "Contractor Responsibility: Toward An Integrated Approach to Legal Risk Management," Thomson Reuters (March 2013), Co-Author
• "The Government Contracts Update," Covington E-Alert (2/21/2013), Co-Author
• "OFCCP Issues Directive Regarding Federal Contractor Use of Criminal History Information in Hiring Decisions," Covington E-Alert (2/12/2013), Co-Author
• "The Government Contracts Update," Covington E-Alert (2/11/2013), Co-Author
• "The Government Contracts Update," Covington E-Alert (1/11/2013), Co-Author
• "The Government Contracts Update," Covington E-Alert (12/20/2012), Co-Author
• "The Government Contracts Update," Covington E-Alert (12/10/2012), Co-Author
• "Retroactive Compensation Caps: How Contractors Can Recover for Breach Damages," Covington E-Alert (5/8/2012), Co-Author
• "The World Trade Organization Adopts a Revised Agreement on Government Procurement," Covington E-Alert (4/16/2012), Co-Author
• "New U.S.-Iraq SOFA Lifts Contractor Immunity," International Government Contractor (December 2008), Author
• "Iraq Reconstruction: Political Situations Creating Legal Risks for Contractors," International Government Contractor (August 2008), Author
• "Flowing Down Clauses to Non-U.S. Subcontractors: An Approach for Ensuring a Meeting of the Minds," International Government Contractor (April 2008), Author
• "Iraq Reconstruction Contracting: Widespread Difficulties in Record-Keeping and the Contractor’s Burden Of Proof," International Government Contractor (May 2005), Author
• "Public-Private Partnerships: Evolutions in the U.S. Public Procurement System and Lessons Learned From the UK and the EU," International Government Contractor (March 2005), Co-Author
• "Iraq Reconstruction: Key Procurement Issues," Briefing Papers (February 2005), Author
• "Europe’s Movement Toward a More Competitive Market For Defense Procurement," International Government Contractor (November 2004), Author
• "Iraq Reconstruction: Government Contracts Year in Review," Year In Review Conference Briefs (2004), Author
• "Iraq Reconstruction: US Government Procurement Practices in a Coalition Environment," Public Procurement Law Review (2004), Author
• "Iraq Reconstruction: Needs, Opportunities, and the Contracting Environment," BNA's Federal Contracts Report (October 2003), Author
• "Issues in Developing Breach Claims: Under the General Dynamics Compensation Cap Decision," BNA's Federal Contracts Report (April 2002), Co-Author

Presentations and Speeches

• "Bid Protests: Creative Thinking for Better Capture Efforts," Webinar (3/21/2013)