Covington & Burling LLP | Biographies

Jade Totman is an associate in the firm’s Government Contracts Practice Group. Previously a U.S. Army officer, he has considerable experience with contractors providing supplies and services in the defense, information technology, and construction industries.

Mr. Totman regularly litigates cases on behalf of government contractors. He routinely files and defends against pre-award and post-award bid protests, with a record of successfully obtaining injunctive relief, corrective action, and merits decisions from the U.S. Court of Federal Claims, the U.S. Government Accountability Office, the U.S. Small Business Administration, and federal and state procuring agencies. He has defended contractors in False Claims Act, qui tam, and environmental-contamination cases in U.S. District Courts. He also has represented contractors in arbitration before the American Arbitration Association.

Additionally, Mr. Totman advises contractors on a broad range of issues at all stages of the procurement process, to include contract administration, contract disputes, regulatory compliance, the False Claims Act, the Foreign Corrupt Practices Act, small and disadvantaged business certification, software data rights, foreign military sales, export controls, procurement integrity, organizational conflicts of interest, prime-sub relations, and corporate acquisitions.

Representative Matters

Successfully defended a $183 million contract award from the Department of Homeland Security against 19 protest grounds filed by a disappointed incumbent, first in the Government Accountability Office and subsequently in the Court of Federal Claims.
Obtained a Court of Federal Claims injunction of the Transportation Security Administration’s award of a security-services contract, protesting on the bases of TSA’s flawed technical evaluation and improper best-value tradeoff.
Successfully challenged a contract award to an ostensible small business by filing size and disadvantaged-status protests with the Small Business Administration and by simultaneously protesting the award before the Government Accountability Office.
Successfully defended a global security-services contractor in a three-week arbitration hearing based on breach of contract and fiduciary duty allegations, and also in litigation before the Eastern District of Virginia involving allegations of fraud, breach of contract, and misappropriation of trade secrets.