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- Government Contracts
“An impressive bench of experienced and highly skilled government contracts practitioners,” Covington’s Chambers ranked government contracts group represents clients in all aspects of the public procurement process.
From large aerospace and defense contractors to growing NGOs, we help clients solve problems and secure opportunities.
With global teams of experts who cut across traditional practice groups (such as M&A, white collar, product liability, IP, and life sciences) we resolve our clients’ most intricate problems efficiently and creatively.
Vencore and KeyPoint’s Combination to Form Perspecta
Represented government contractors Vencore and KeyPoint Government Solutions and their private equity owner Veritas Capital as government contracts counsel in their combination with the U.S. Public Sector business of DXC Technology to form Perspecta.
Six-Year Dispute with DOJ Ends with Declination
Our client, a major aerospace manufacturer, was accused of misrepresenting key facts to a government agency, resulting in the agency's decision to move forward with a rocket launch that eventually failed. The client enlisted Covington’s representation in what ended up being a six-year, high-stakes dispute with DOJ. Our compelling presentation and mastery of the details bolstered our arguments, and DOJ ultimately advised it would not pursue a False Claims Act case against the company.
$1 Billion Breach-of-Contract Recovery
Obtained what is likely the largest single award in the 150-year history of the Court of Federal Claims: a $1 billion judgment on behalf of 11 plaintiffs in claims against the U.S. government seeking monetary recovery for the government’s breach of contract. The award was affirmed by the Federal Circuit.
Cutting-edge cost allowability victory
Successfully represented a major defense contractor, through trial and decision, in board of contract appeals litigation involving the allowability of private security costs allegedly incurred in connection with providing logistical support to the U.S. military during the Iraq War. The case raised cutting-edge cost allowability, contractor-on-the-battlefield, and statute of limitations issues.
Protection of IP rights for pharmaceutical companies
For pharmaceutical companies entering into R&D contracts, grants, and cooperative agreements with BARDA, NIH, and DTRA, we have successfully developed and implemented strategies for protecting our clients’ intellectual property. We have helped our clients limit or avoid government IP rights through the use of alternative contracting vehicles, specially negotiated contract clauses, properly drafted statements of work, and other means. We have also obtained waivers of U.S. manufacturing requirements under the Bayh-Dole Act.
Obtained SAFETY Act protection for anti-terror products and services
The SAFETY Act, administered by the U.S. Department of Homeland Security, provides liability protection to the makers and users of anti-terror technology in the event of a terror attack. We have successfully guided clients from virtually every major industry in the United States, including government contractors, airports, port authorities, chemical companies, large sports stadiums, and professional sports leagues, through the SAFETY Act application process and secured SAFETY Act protection for a wide range of technologies.
DOE grant to support clean energy
Representing a large chemical company in its negotiation of a U.S. Department of Energy (DOE) grant to construct a cathode materials production plant that supplies manufacturers of advanced lithium-ion batteries. Addressing significant property ownership and intellectual property considerations.
Dismissal of wrongful death case based on government contractor defense
Obtained dismissal of a wrongful death case brought against a major government contractor for alleged gamma radiation exposure from a cargo screening device it manufactured for national security/border protection purposes. Early in the case, and only after minimal discovery, we successfully asserted the government contractor defense and convinced the trial court that the government had meaningfully reviewed and approved the product’s design specifications, that the product conformed with those specifications, and that the contractor had no knowledge of any product risks or hazards unknown to the government.
Dismissal of wartime wrongful death claims brought by contractor employees
Obtained dismissal of wrongful death claims against a military support contractor following an insurgent attack on a supply convoy in Iraq. After the district court refused to dismiss the case, we successfully brought an interlocutory appeal and persuaded the court of appeals that the Defense Base Act provided an exclusive remedy and barred the employee claims.
Dismissal of personal injury case involving military personnel
Persuaded a district court to dismiss a tort suit brought against a large logistical services contractor for injuries sustained by a soldier on a military base in Iraq. The district court and the court of appeals agreed that the case raised political questions because of the involvement of the military that were outside the scope of judicial review.
Addressing Regulatory Enforcement Actions
We have addressed regulatory investigations and enforcement actions from regulators in the United States, Europe, and Asia following data breaches. These have included investigations or formal enforcement proceedings brought by the Federal Trade Commission, State Attorneys General, and the Securities and Exchange Commission in the United States, and by data protection authorities and sector-specific regulators across Europe and Asia.
International procurement capacity building
Through the United Nations Development Program, the International Senior Lawyers Project, and the U.S. Department of Commerce’s Commercial Law Development Program, we provide procurement law expertise and training to senior procurement officials of foreign governments including Liberia, Iraq, and Afghanistan to help those countries build capacity for conducting predictable and transparent procurements. This experience allows us to provide specific, knowledgeable advice to clients wishing to pursue procurements conducted by foreign governments.
Navigating FMS and FMF processes
Advised multiple sellers of military products to foreign governments through the Foreign Military Sales (FMS) and Foreign Military Financing (FMF) processes, gaining approval from the Defense Security Cooperation Agency for the sales and for using financing from FMF and commercial banks to enable the transactions.
Navigated foreign legal requirements for international contractors
Organized foreign counsel in 40 foreign countries to determine legal requirements governing U.S. government contractors working in country, to ensure local compliance as to business registrations, visas, employment laws, and taxes. In doing so, developed a template for determining foreign requirements and a network of local counsel to serve as a resource for the contractor.
Minority business enterprise subcontracting
We defended a major supplier to transit authorities funded by the U.S. Federal Transit Administration against allegations that it was subcontracting with ineligible Minority Business Enterprises (MBEs), thus enabling our client to continue supplying the transit authorities of several major metropolitan areas.
Alion's Acquisition of MacAulay-Brown
Represented Alion Science and Technology as regulatory counsel in its acquisition of MacAulay-Brown. We handled government contracts, national security, cybersecurity, trade controls, and anticorruption matters for Alion.
$500 million in recoveries for oil and gas companies
Obtained nearly $500 million in judgments and settlements for multiple oil and gas companies in breach of contracts case against the U.S. government involving undeveloped federal oil and gas leases offshore North Carolina, Alaska, and Florida.
Successfully Represented Communications Manufacturer in Proposed Debarment Before GSA
Represented a manufacturer of lightweight communications supplies that had been proposed for debarment by the General Services Administration ("GSA"). After obtaining an emergency waiver of the proposed debarment, which enabled our client to continue filling new orders, we filed a formal written response that convinced GSA to terminate the proposed debarment.
Successfully Defended $50 Million Sole-Source Award by Air Force
Successfully defended a $50 million sole-source contract extension to an air combat services contractor. We persuaded GAO to dismiss all but one of the protester’s claims, which caused the protester to withdraw its protest before GAO reached a decision.
Case of first impression arising from an FMS contract
Represented a U.S. electronics manufacturer in federal trial and appellate courts against contract claims by a foreign sovereign government asserting third-party beneficiary rights under a Foreign Military Sales (FMS) contract. The case raised issues of first impression under the Contract Disputes Act and Arms Export Control Act (AECA).
Advising on domestic sourcing compliance under subgrants and state and local agreements
Advised multiple for-profit clients about domestic sourcing requirements imposed under subgrants and state and local agreements through various Departments of Transportation and Energy appropriations, New Jersey Buy American requirements, and the American Recovery and Reinvestment Act of 2009.
Advising clients regarding anti-human trafficking compliance
Advised multiple clients concerning the Federal Acquisition Regulation’s anti-human trafficking requirements, which were expanded in early 2015. Our advice has included creating employee policies and trainings to facilitate compliance and developing contractor compliance plans that, among other things, provide tools for monitoring subcontractor adherence to human trafficking prohibitions.
Advised client of risk mitigation techniques during contract formation
Counseled a major defense contractor on how to mitigate potential future tort risk during contract discussions with the U.S. government. The military wanted the contractor to provide support for a significant anti-terrorism initiative, and the contractor needed advice on how best to structure the contract to minimize its risk and maximize its protection in the event of third-party claims arising from its contract performance.
Advice regarding shared employee and facility costs during M&A process
Advised client on structuring employee secondment agreements so as to permit reimbursement of costs of shared employees and associated indirect costs under a secondment agreement during a contractual novation process in connection with an M&A transaction, enabling the client to orderly transfer employees and facilities to the purchaser and ensure continued reimbursement up to the point of final transfer.
Assisting with review and overhaul of FSS pricing model
We advised a large technology reseller in conducting a review and revision of its pricing practices under its Federal Supply Schedule (FSS) contract with the U.S. General Services Administration (GSA). In addition to identifying and addressing potential pricing irregularities, we successfully guided the company through an overhaul of its Commercial Sales Practices Format (CSP-1) disclosure and convinced the GSA to permit our client to implement an alternative pricing model that greatly reduced administrative burdens.
Assisting clients with VA Schedule contracts involving medical equipment and pharmaceuticals
Assisted numerous clients with matters arising under U.S. Department of Veterans Affairs schedule contracts, blanket purchase agreements, and related national agreements, including matters relating to price reporting, drafting of proposals, interactions with federal employees, small business subcontracting, and compliance with other commercial-contracting requirements.
Arms Export Control Act - third party beneficiary claims
Our client sold microchips under a U.S. Air Force Foreign Military Sales (FMS) transaction to a foreign ally’s defense ministry, in a “back-to-back” sale under the Arms Export Control Act (AECA), in which the Air Force purchased the microchips from our client and then sold them in turn to the foreign defense ministry. The foreign defense ministry then sought to present warranty claims directly against our client, claiming to be a third-party beneficiary under our client’s contract with the Air Force. We waged successful litigation in federal trial and appellate courts raising issues of first impression, which established that third-party beneficiary claims are not available, given the public policy and intent of the AECA.
Advice regarding bid and proposal costs
Advised our client regarding the circumstances in which bid and proposal costs may be claimed as reimbursable costs under a USAID contract, despite agency directive purporting to make virtually all such costs unallowable.
Assisting with cost classification determinations and implementation of subaward negotiation requirements
Advised global nonprofit organization on the appropriate classification of proposal costs claimed in connection with extensions of existing contracts and grants, as well as requirements relating to negotiation of profit under sole-source subawards for commercial items.
Honeywell’s Sale of HTSI to KBR
Represented Honeywell International as regulatory counsel in the sale of Honeywell Technology Solutions, Inc. (HTSI), a leading professional, technical, and mission support services contractor, to KBR for $266 million. We handled government contracts matters for Honeywell.
Successfully protested the terms of a $600 million cloud procurement
When the Central Intelligence Agency (CIA) issued an RFP for cloud services, we filed a protest challenging the terms of the RFP as unduly restrictive of competition. After discussion with the U.S. Government Accountability Office (GAO), the agency agreed to amend the RFP to revise the terms at issue in the protest.
Successfully protested the terms of a $2 billion USAID procurement
When USAID issued a $2 billion procurement for consulting services related to economic growth and poverty reduction, we protested the terms of the solicitation. Our protest convinced the agency to abandon its use of the “low cost, technically acceptable” evaluation scheme by arguing that LPTA was inappropriate for the complex, high-stakes services being sought.
Veritas Capital’s investment in Alion Science & Technology
Represented private equity firm Veritas Capital as regulatory counsel during its acquisition of Alion Science & Technology Corporation, a leading provider of engineering services to the Department of Defense. We handled government contracts, trade controls, and national industrial security due diligence.
Utility privatization for the military
Represented contractors in negotiating and administering contracts to design, build, finance, own, and operate energy and water and wastewater facilities on U.S. military bases, leaving the military to perform its core functions.
Veritas Capital’s investment in SolAero Technologies Corp.
Represented private equity firm Veritas Capital as regulatory counsel during its acquisition of EMCORE’s Space Photovoltaics business, and represented the business, which is now known as SolAero Technologies Corp., during its subsequent acquisitions of Alliance Spacesystems and Vanguard Space Technologies. We handled government contracts, trade controls, anti-corruption, and other regulatory due diligence, and also assisted with contract novations.
North Carolina protest victory
We successfully protested the award of a multi-year statewide tire contract to our client’s competitor. We convinced the State to take corrective action, which resulted in a contract award to our client.
Inverted domestic corporations
We have advised several clients concerning the statutory ban on federal contracting with “inverted domestic corporations.” Our advice has enabled these clients to arrange their business structures and operations so as to maintain contracting opportunities to the maximum extent possible.
Los Alamos investigation
We represented the University of California in an intense and wide-ranging investigation by the House Energy and Commerce Committee’s Subcommittee on Oversight and Investigations into alleged fraud and mismanagement at the Los Alamos National Laboratory. The investigation involved more than two dozen witness interviews and culminated in three days of hearings. At the conclusion of the investigation, the University retained its contract to manage the Laboratory.
Lindsay Goldberg's transformation of PAE
Represented private equity firm Lindsay Goldberg and PAE as regulatory counsel in six different M&A transactions that have grown PAE to a defense contractor with annual revenue in excess of $2 billion. Our work began in 2011 with Lindsay Goldberg’s acquisition of PAE from Lockheed Martin, and continued through to PAE’s acquisitions of Defense Support Services, CSC’s Applied Technology Division, USIS’s Global Security and Solutions Business, and A-T Solutions and to Lindsay Goldberg’s 2016 sale of PAE to Platinum Equity. Our work in each of these deals has included government contracts, national security, trade controls, and anti-corruption due diligence and advice on transaction structuring, novations, and regulatory approvals.
Successfully Defended $160 Million Navy Award
Successfully defended a major maritime services corporation’s $160 million federal contract to modify and operate a vessel on behalf of the Navy against protests litigated to a decision on the merits at both the U.S. Government Accountability Office (GAO) and the Court of Federal Claims.
Successfully Represented a Construction Company in a Federal Highway Administration Debarment Proceeding
Represented a large Puerto Rican construction company and its principal in suspension and debarment proceedings before the U.S. Department of Transportation Federal Highway Administration, resulting in a decision of no debarment.
Successfully Represented a Defense Contractor in Proposed U.S. Army Debarment
On behalf of a defense manufacturer in response to proposed debarment by the U.S. Army, conducted an internal company investigation and prepared the company’s formal response, resulting in the Army’s termination of the proposed action.
Debarment Advice for a Potential Investor
Advised a potential investor about likelihood of adverse debarment action resulting from alleged misconduct by target company’s employees.
Financing of a cleared contractor
Advised a publicly-traded investment company on government contracts and national industrial security matters related to a debt financing arrangement involving a contractor with significant classified operations.
Financing of foreign military sales
Assisted in the structuring of multi-billion dollar bank facilities to finance the manufacture and delivery of major defense systems to foreign governments under Foreign Military Sales (FMS) contracts.
HAECO's Acquisition of TIMCO Aviation
Represented Hong Kong Aircraft and Engineering Co. (HAECO) as regulatory counsel in its $388.8 million acquisition of TIMCO Aviation, a global provider of aviation maintenance, repair, and overhaul services. We handled CFIUS and government contracts matters for HAECO.
CVG Sale
Represented CVG, Inc. in its sale to Integral Systems, Inc.
CRADA with the Department of Defense
Negotiated a Cooperative Research and Development Agreement (CRADA) with the U.S. Department of Defense for evaluation of innovative automotive technologies in connection with the precursor of the LMTV program.
CRADA with Air Force Research Laboratory
Representing an aerospace technology company in its negotiation of a Cooperative Research and Development Agreement (CRADA) with the U.S. Air Force Research Laboratory for the testing and validation of privately developed propulsion technology. Addressing key intellectual property protection issues.
CRADA advice for a consumer products company
Advised Fortune 50 consumer products company about its rights and obligations under a Cooperative Research and Development Agreement (CRADA) with a U.S. Department of Energy weapons lab.
Compliance with DBE requirements
Representing a large automotive parts manufacturer in its response to a show cause notice from a local transit authority customer, addressing questions regarding Disadvantaged Business Enterprise (DBE) participation.
Ensuring compliance with sourcing restrictions
Counseled our client, a construction material supplier, in connection with a state government construction project partially funded by federal grant funds, and persuaded the prime contractor to accept Mexican-sourced construction material consistent with applicable federal grant restrictions.
SBIC portfolio company divestment advice
Our client was a small business defense contractor owned by a Small Business Investment Company (SBIC) that was nearing the end of the control period permitted under Small Business Administration (SBA) regulations. We advised a special committee of the board of directors of the client about the potential effects of various potential sale and transfer scenarios on the client’s continued small-business status, and enabled the committee to decide upon a course of action that would permit the client to continue to perform and compete for small-business set-aside contracts.
SBA Size Determination
We took over a U.S. Small Business Administration (SBA) size determination proceeding for our client, an IT services provider, after previous DC government contracts counsel had failed to persuade the SBA that our client was a small business. We submitted thousands of pages of documentation and numerous position papers in what is believed to be the most complex size determination ever performed by SBA, and persuaded the agency that our client is a small business, notwithstanding its affiliation with dozens of other small businesses, thus allowing it to continue to compete for business on small business set-aside contracts.
Significant prime-sub dispute victory
Prevailed on the appeal of a $250 million prime-sub dispute centered on a Truth in Negotiations Act issue. This was a huge victory for the client, after having lost at the trial level using different counsel.
Successfully protested $1.6 billion DoD award
When the U.S. Transportation Command issued a $1.6 billion multiple-award contract for transportation services, we protested the agency’s decision not to include our client among the awardees. After briefing and subsequent negotiations, the agency agreed to award a contract to our client.
Successfully defended prime contractor in data rights lawsuit
We successfully defended a Navy prime contractor accused of misusing its subcontractor’s design data. We convinced the court that the Defense Federal Acquisition Regulation Supplement (DFARS) data rights clauses allowed the client to use and distribute the data, resulting in a complete summary judgment for our client.
Successfully defended bidder against claims of misuse of competitors data
We obtained a complete jury verdict for our client accused of misappropriating the incumbent’s trade secrets to win a $200 million NASA contract. The alleged trade secrets included the data generated under the incumbent’s existing NASA contract and the incumbent’s proposal data for the new contract.
Successfully defended $50 million MDA award
When the U.S. Missile Defense Agency (MDA) awarded a contract to our client for engineering and support services, a competitor protested. We successfully defeated the protest.
Successfully defended $150 million FDA award
When the U.S. Food and Drug Administration (FDA) awarded our client a $150 million contract for IT services, two competitors protested. We successfully defended the protests, getting one dismissed for lack of interested party status and the other denied on the merits.
Successfully Defended $1 Billion Coast Guard Award
When the U.S. Coast Guard awarded a contract worth more than $1 billion for the construction and delivery of naval vessels, a competitor protested, first at the Government Accountability Office (GAO) and then at the Court of Federal Claims. We defeated both protests and preserved the award.
Successfully Defended $1 Billion Award for Embassy Services
Our client’s award was challenged by three competitors. We defeated all three protests. We also persuaded the agency to override the automatic stay of contract performance, and then successfully defended the override before the U.S. Court of Federal Claims.
Successfully defeated infringement suit in the Court of Federal Claims
One of our clients provides a key component of the F-35 Joint Strike Fighter. A rival contractor sued the U.S. government in the Court of Federal Claims, alleging that the component infringed its patent. We intervened on behalf of our client and persuaded the court to rule that the patent is invalid.
Successful resolution of best pricing investigation
One of the nation’s largest construction supply companies was investigated for failing to provide the General Services Administration (GSA) with its “best pricing” for materials. Working with the company’s auditors, we were able to resolve the matter for no money based on ambiguities in the Schedule language as applied to the circumstances.
Successful representation of major defense IT contractor in GSA IG audit
Successfully represented a major defense IT contractor in an audit of two U.S. General Services Administration (GSA) Schedule contracts by the GSA Inspector General (IG), in which the IG initially asserted a claim for the repayment of tens of millions of dollars. The matter was resolved for less than $5,000.
Successful jury trial defense of Schedule contractor in False Claims Act case in the Eastern District of Virginia
Through a jury trial in the Eastern District of Virginia, successfully represented a Schedule contractor accused of submitting fraudulent commercial pricing data in violation of the False Claims Act (FCA). The Fourth Circuit affirmed the jury verdict in favor of the contractor.
Sale of satellite sports content to the U.S. Army
Negotiated the sale of satellite sports content to Army Non-appropriated Fund Activity.
Structuring subaward practices under new uniform grant requirements
Assisted a coalition of nonprofit organizations in revising internal policies and standard subagreements to account for completely revamped uniform grant requirements that impose significant new burdens on the subaward process.
Severance cost dispute for DOE contractor
Recovered disallowed severance costs paid by a U.S. Department of Energy (DOE) contractor to its employees when the contractor exited the contract and the employees went to work for a successor contractor. The costs were unallowable under the Federal Acquisition Regulation (FAR), but the contract contained an unusual provision, personally approved by President Truman, making virtually all costs allowable. We handled the preparation of the initial claim, the contract appeal to the Court of Federal Claims, and the appeal to the Federal Circuit, at the end of which our client recovered every penny of its severance outlay, plus interest.
Service Contract Act investigation and disclosure
Our client, a major large business provider of IT services to the federal government, discovered possible Service Contract Act compliance issues in the operations of a recently acquired subsidiary. We conducted and internal investigation and assisted the client in making a disclosure to the U.S. Department of Labor, which closed the matter without adverse financial or other consequences for our client.
Senate Armed Services Committee hearing
We represented a major federal contractor in an oversight hearing conducted by the Senate Armed Services Committee concerning the contractor’s activities supporting overseas military operations.
Dismissal of Multidistrict Litigation Alleging Contractor Negligence Inside Overseas War Zones
Obtained complete dismissal of 63 lawsuits brought by 800-plus named plaintiffs against KBR, the largest military services contractor in Iraq and Afghanistan. These claims challenged KBR’s use of burn pits to dispose of waste during those wars. The district court adopted our arguments in their entirety and held the claims were barred by the political question doctrine and preempted based on the “combatant activities” exception to the Federal Tort Claims Act.
Won Lawsuit Challenging GSA Debarment of Tech Entrepreneur
Successfully litigated a challenge to the debarment of a technology entrepreneur by the General Services Administration, resulting in a published 43-page opinion setting aside the debarment on the basis of due process violations.
Snow Phipps’ Creation of Acentia
Represented private equity firm Snow Phipps during its creation of IT services contractor Acentia, starting with the acquisition of ITSolutions and following with the add-ons of NetStar-1 and 2020 Company. We handled all aspects of these transactions.
Veritas Capital’s Acquisition of Peraton
Represented private equity firm Veritas Capital as regulatory counsel during its $690 million acquisition of Harris Corporation’s government IT services business, now known as Peraton. We handled government contracts and national security matters for Veritas Capital.
Tower Three’s Acquisition of NTS
Represented private equity firm Tower Three Partners as regulatory counsel during its acquisition of NTS, a regional provider of broadband and other communications services in Texas. We handled communications, government contracts, and federal assistance matters for Tower Three.
SafeNet’s Sale of its Government Business to Raytheon
Represented data security firm SafeNet as regulatory counsel during the sale of its encrypted communications business to Raytheon. We handled government contracts, national security, and trade controls matters for SafeNet.
Lindsay Goldberg’s Investment in ECS Federal
Represented private equity firm Lindsay Goldberg as regulatory counsel during its investment in ECS Federal, a leading mid-sized provider of technology services to the U.S. government. We handled government contracts, national security, trade controls, and anti-corruption matters for Lindsay Goldberg.
Resolved claims arising from the incarceration of U.S. contractor for espionage
Negotiated a creative settlement of a tort suit filed by a subcontractor arising from his imprisonment in Cuba for carrying out a USAID democracy-building program in that country. We converted that tort settlement into a contract claim by the prime contractor, and successfully negotiated payment to fully compensate the subcontractor while making the prime contractor whole.
Successfully protested $200 million U.S. Army award
When the U.S. Army awarded a $200 million contract for IT services, we protested the award, arguing that the awardee had an organizational conflict of interest and gained an unfair competitive advantage by hiring a former government official. The agency took corrective action in response to the protest.
Successfully protested exclusion from $500 million+ biodefense competition
When the U.S. Department of Defense (DoD) conducted a competition for an Advanced Development and Manufacturing (ADM) facility for medical countermeasures, we protested DoD’s exclusion of one of the offerors from the competitive range. The protest issues were of extraordinary technical complexity, but after several rounds of briefing, we convinced the agency to reverse course and invite the offeror back into the competition.
Government Contracts AI
Provided training to clients on AI and its impact in the government space.
Protection of Client IP Rights
For pharmaceutical, energy, and defense companies entering into R&D contracts, grants, and cooperative agreements with federal agencies (including DoD, DOE, and HHS), we have successfully developed and implemented strategies for protecting our clients’ intellectual property. We have helped our clients limit or avoid government IP rights through the use of alternative contracting vehicles, specially negotiated contract clauses, properly drafted statements of work, and other means. We have also obtained waivers of patent ownership from federal agencies, as well as waivers of the U.S. manufacturing requirements under the Bayh-Dole Act.
Procurement advice and protests in states across the country
We have helped clients navigate state procurement systems and have handled protests in states across the country, including: California, Texas, New York, Florida, Maryland, the District of Columbia, Oregon, North Carolina, Massachusetts, Minnesota, Georgia, Colorado, Washington, New Jersey, and others.
Privatization of municipal assets
Represented the trustee for the City of Harrisburg, Pennsylvania as part out the workout of its debt crisis to monetize and transfer certain city assets to the private sector to help satisfy the city’s debt obligations.
Transfer of major construction dispute from state to federal court
Removed a construction dispute involving several hundred million dollars from state to federal court, which was a superior forum for asserting various federal defenses on behalf of our government contractor client. We defeated the plaintiff’s efforts to send the case back to state court, successfully arguing that the case properly was removed under the federal officer removal statute because of the significant role played by the federal government in the construction project.
Successfully protested award for contract to help reform the justice system in Mexico
We successfully challenged an agency award of a contract to assist the government of Mexico in reforming its justice system, obtaining corrective action that involved new final proposal revisions. When our client won the second round award, we defended a challenge by the prior awardee, and preserved the award to our client.
Sale of ThreatGRID, Inc.
Represented ThreatGRID, Inc. in its sale to Cisco Systems, Inc.
Emerging IoT Government Contracts Standards
We monitor and advise clients on legislation and regulations that affect IoT-related government contracts. For example, we track legislation that would require the development of contractual IoT security standards for IoT devices purchased from government contractors. We also advise on IoT best practices for government contractors.
Supporting overseas military banking services
Provide ongoing support to a major banking contractor by challenging cost disallowances by the U.S. government that could interfere with the bank’s ability to provide critical banking services to military members stationed around the world.
Support of derivative sovereign immunity defense through Supreme Court amicus brief
Filed a Supreme Court amicus brief on behalf of a government contractor trade association in support of a U.S. Navy contractor being sued for unwanted text messaging. The proposed class action raised significant questions regarding the application of derivative sovereign immunity to private contractors performing work on behalf of the federal government.
New York state protest victory
We brought bid protests in New York State administrative and judicial forums concerning redevelopment of municipal hospital property. We obtained an opportunity for our client to become the selected awardee after the procuring agency initially selected two other awardees.
Structuring an OTA arrangement
Advising a Fortune 50 company during the negotiation of an Other Transactions agreement with an Intelligence Community customer.
Resolved hotly-contested completion disputes of U.S. Embassy in Baghdad
Negotiated resolution of concerns that the contractor building the U.S. embassy in Baghdad had thousands of unauthorized deviations from specifications, which prevented the U.S. State Department’s acceptance of the sprawling compound. Demonstrated in senior-level meetings and on-the-ground inspections that the project was materially compliant, leading to acceptance and the resolution of investigations by multiple agencies and Congress.
Pohlad Family’s Acquisition of PaR Systems
Represented the Minnesota-based Pohlad family as regulatory counsel in its acquisition of PaR Systems, a leading provider of integrated robotic automation and specialized material handling solutions. We handled government contracts matters for the Pohlad family.
Bayh-Dole Advice Across Sectors
We have advised clients in various sectors regarding the substantial manufacturing requirement under the Bayh-Dole Act, including securing waivers of the requirement and helping clients structure manufacturing obligations to maximize business efficiencies within the requirements of the Bayh-Dole Act. We also routinely advise clients regarding the Bayh-Dole Act’s requirements for perfecting title in intellectual property and avoiding potential march-in actions under the Act.
Magellan’s Acquisition of AFSC
Represented Magellan Health as regulatory counsel during its $117.5 million acquisition of Armed Forces Services Corporation (AFSC), a provider of behavioral health and specialty services to the Department of Defense and other U.S. government agencies. We handled government contracts and national security matters for Magellan.
Navigation of Organizational Conflicts of Interest
We have helped major contractors navigate the specific Organizational Conflicts of Interest (OCI) rules and requirements imposed by the Centers for Medicare and Medicaid Services (CMS), the Defense Health Agency, and other agencies. When CMS rolled out its new approach to OCIs, including its new standard clause and required forms, we helped a major CMS contractor comment on key aspects of the approach.
Negotiated cooperative research and development agreements (CRADAs)
Advised major pharmaceutical, consumer products, and energy companies, as well as universities, concerning IP rights under CRADAs for technology transfers at national laboratories.
Negotiation and vetting of state contracts for healthcare exchanges and MMIS
We helped a major client negotiate contracts with state healthcare exchanges in Maryland and several other states, and navigate the procurement rules and risk areas unique to many state exchanges. We have also advised clients regarding intellectual property and other issues specific to state MMIS procurements.
Navigation of issues specific to CMS Recovery Audit Contracting
We helped a client navigate a range of issues unique to RAC contracts with the Centers for Medicare and Medicaid Services (CMS).
Navigation of multiple issues related to healthcare.gov
In the wake of the failed launch of healthcare.gov, we helped a major health IT company navigate compliance and other issues related to its healthcare.gov contract and efforts to remediate the website and related IT systems.
Verscend’s Acquisition of Cotiviti
Represented Verscend Technologies as regulatory counsel in its $4.9 billion acquisition of Cotiviti. We handled government contracts matters for Verscend.
Verscend’s Acquisition of a GDIT Business
Represented Verscend Technologies as regulatory counsel in its acquisition of General Dynamics IT’s commercial health insurance payer-focused products. We handled government contracts matters for Verscend.
Advising clients in complex transactional work with life sciences portfolios involving government contracts
Advised multiple clients on unique government contracting considerations in the sale or licensure of their life sciences portfolios to companies with a broad range of government contracting experience.
Advising clients on pricing and contracting under Veteran’s Health Care Act programs, including VA FSS, 340B, and Tricare
Advice to numerous clients regarding compliance with the statutory and contractual pricing obligations under the Veteran’s Health Care Act (VHCA), including performing gap analyses, providing policies and training, and assisting with investigations and disclosures.
Advising clients on the negotiation and performance of contracts with the Biomedical Advanced Research and Development Authority, the Defense Threat Reduction Agency, and the National Institutes of Health
Advised multiple clients on matters arising from their negotiation and performance of manufacturing and research and development contracts relating to various pandemic and Chemical, Biological, Radiological and Nuclear (CBRN) threats, including matters relating to government indemnification or liability protection for unusually hazardous risks, compliance with cost standards and principles, and protection of intellectual property.
Alion's Sale of Naval Systems Unit to Serco
Represented Alion Science and Technology as regulatory counsel in its sale of its naval services unit to Serco Inc. We handled government contracts, national security, CFIUS, and trade controls matters for Alion.
HP Enterprise's Acquisition of Cray
Represented Hewlett Packard Enterprise as special counsel in its $1.3 billion acquisition of Cray, a supercomputer manufacturer. We handled government contracts, intellectual property, technology transactions, trade controls, data privacy, anti-corruption, and employment matters for HP Enterprise.
Peraton's Acquisition of Solers
Represented Peraton as regulatory counsel in its acquisition of Solers, Inc., a software development and systems integration provider. We handled government contracts, national security, and cybersecurity matters for Peraton.
$44 Million Breach-of-Contract Recovery for KBR
Recovered $44 million plus interest on behalf of Kellogg Brown & Root Services Inc. (KBR) in a highly-publicized breach of contract dispute with the United States Army regarding the allowability of private security costs. The U.S. Court of Appeals for the Federal Circuit unanimously affirmed a ruling by the Armed Services Board of Contract Appeals that held the Army breached its contractual obligation to provide physical security to KBR and its subcontractors during the Iraq War.
Successfully protested $2 billion+ biodefense award
When the federal government awarded a contract worth more than $2 billion for the development and delivery of a medical countermeasure, we protested at the U.S. Government Accountability Office (GAO). After many rounds of briefing, and a hearing before GAO, the agency agreed to cancel and re-compete the majority of the contract.
Renegotiated government IP agreements
On behalf of a major pharmaceutical manufacturer, we renegotiated agreements with the National Institutes of Health (NIH) concerning IP rights arising out of the development, manufacture, and use of experimental vaccine supplies for international clinical trials, and negotiated contract terms placing on the government the risk of the client’s use of contested IP developed by another contractor.
Declination and Highly Favorable Global Resolution
Represented leading engineering contractor facing allegations of quality deficiencies and lobbying violations related to multi-billion nuclear waste treatment contract; secured a partial DOJ declination and resolved all remaining claims on highly favorable terms.
Criminal Declination and Favorable Civil Settlement
Represented government contractor facing parallel criminal and civil proceedings related to alleged manufacturing quality nonconformances; secured declination of the criminal matter and extremely favorable civil settlement.
Summary Judgment in Defective Pricing Suit
Won summary judgment on False Claims Act case alleging TINA violations, United States ex rel. Sanders v. Allison Engine Company, 364 F. Supp. 2d 699 (S.D. Ohio 2003).
Dismissal of FCA and Kickbacks Allegations
Won dismissal of False Claims Act case, brought in the Eastern District of Virginia, alleging prime contractor had violated contract provisions governing the award of subcontracts.
Declination in Investigation into Alleged Small Business Fraud
Convinced Department of Justice to decline intervention in qui tam action alleging false statements concerning eligibility for small business credits.
Declination for Alleged Trade Agreements Act Violation
Secured DOJ declination for pharma manufacturer accused of supplying federal agencies with non-conforming drugs in violation of the Trade Agreements Act.
Dismissal of Allegations Related to Security Contract
Won motion to dismiss for Tyco and ADT in a False Claims Act suit relating to security contracts with federal judiciary.
Largest Suspension and Investigation in USAID's History
A voluntary disclosure to USAID by one of its largest not-for-profits led the agency to suspend the entity for potential false claims and lack of internal controls, resulting in the board of directors forcing the resignation of the entity’s leadership team and hiring our lawyers to resolve the matters. When the agency refused to lift the suspension due to the lack of trustworthy internal controls and the entity was on the brink of shuttering its doors, our lawyers successfully negotiated a grand bargain to transfer nearly all of the programs, assets, and employees to another not-for-profit and settle the False Claims Act (FCA) investigation.
Eight-Year FCA Investigation Ends with Declination
Press reports accusing our client of using inflated labor categories on a billion dollar contract triggered an eight year False Claims Act (FCA) investigation. Eventually, our appeal to senior attorneys at the U.S. Department of Justice’s Civil Division brought an end to the FCA investigation and cleared the way for the client to negotiate an administrative settlement with the contracting agency resulting in a net payment to the client of millions of dollars.
Dismissal of Suit Alleging Fraud in Defense Contracts
Obtained dismissal of qui tam action alleging fraud in connection with Iraqi procurement contracts, as sanction for discovery abuse, United States ex rel. Mayberry et al. v. Custer Battles LLC et al., No. 1:06-cv-364 (E.D. Va. 2008).
Cybersecurity FCA Victory for a Services Contractor
Represented a services contractor in obtaining DOJ declination of allegations involving adequacy of critical cyber infrastructure and negotiated small, five-figure administrative settlement with the agency.
Criminal Declination and Favorable First-Mover Civil Settlement
Represented major airline in industry-wide parallel civil/criminal investigation of fraud in connection with U. S Postal Services contract, securing criminal declination and favorable first-mover civil settlement.
February 13, 2020, Inside Government Contracts
On Monday, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Acetris Health, LLC v. United States, No. 2018-2399 (Fed. Cir. Feb. 10, 2020) (“Acetris”), that would permit pharmaceutical manufacturers to source a drug’s active pharmaceutical ingredient (“API”) from India, China and other non “designated countries” and yet still offer the...… ...
February 13, 2020, Inside Government Contracts
On January 31, the Department of Defense (“DoD”) released Version 1.0 of its Cybersecurity Maturity Model Certification (“CMMC”). This is the fourth iteration of the CMMC that DoD has publicly released since it issued the first draft in October, and it is intended to be the version that auditors will be trained against, and that...… Continue Reading The post A ...
February 11, 2020, Inside Government Contracts
As of February 10, 2020, the World Health Organization (WHO) reported that 40,554 cases of the Novel Coronavirus (2019-nCoV) have been confirmed globally, with twelve cases confirmed in the United States. The WHO has been issuing situation reports on a daily basis since January 21, and each report in February alone has identified more than...… Continue ...
February 4, 2020, Inside Government Contracts
On Friday January 31, 2020, Ellen Lord, Under Secretary of Defense for Acquisition and Sustainment, Kevin Fahey, Assistant Secretary of Defense for Acquisition, and Katie Arrington, the Chief Information Security Officer for the Department of Defense (“DoD”), briefed reporters on the release of the Cybersecurity Maturity Model Certification (“CMMC”) Version ...
January 14, 2020, Inside Government Contracts
The Trump Administration has declared this month National Slavery and Human Trafficking Prevention Month, calling on industry associations, law enforcement, private businesses, and others to work toward ending modern slavery and human trafficking. This proclamation follows the Administration’s efforts to combat human trafficking, which we have previously ...
Covington Named a Law360 "Firm of the Year"
January 13, 2020
WASHINGTON—Law360 has named Covington one of its 2019 “Firms of the Year” for the second consecutive year based on the firm having received six Practice Group of the Year awards. The Covington practices named 2019 Practice Groups of the Year are: Competition/Antitrust Government Contracts International Arbitration Life Sciences Media & ...
4 Gov't Contracting Policy Developments To Watch In 2020
January 1, 2020, Law360
Fred Levy spoke with Law360 about the 2021 National Defense Authorization Act. Mr. Levy says the upcoming NDAA could also include more provisions that would expand the government’s right to obtain pricing information on commercial items, given recent congressional attention to alleged “price-gouging,” even as that definition has been applied somewhat ...
December 19, 2019, Inside Government Contracts
Late last week, House Democrats passed Speaker Nancy Pelosi’s Elijah E. Cummings Lower Drug Costs Now Act. This bill would, among other things, permit the Department of Health and Human Services (“HHS”) to negotiate lower prices for 250 of the costliest drugs on behalf of Medicare beneficiaries and other consumers. Although this particular legislation ...
December 17, 2019, Inside Government Contracts
On December 13, the Department of Defense (“DoD”) released the latest version of its Cybersecurity Maturity Model Certification (“CMMC”). This is the third iteration of the draft model that DoD has publicly released since it issued the first draft in October. (We previously discussed Version 0.4 and Version 0.6 of the CMMC in prior blog...… Continue ...
December 5, 2019, Bloomberg Law
Commerce Department Proposes Rule Impacting Information and Communications Technology Supply Chains
December 3, 2019, Inside Government Contracts
On November 27, 2019, the Department of Commerce issued a proposed rule to implement the May 15, 2019 Executive Order entitled “Securing the Information and Communications Technology and Services Supply Chain.” Once finalized and effective, the regulations will govern the process and procedures that the Secretary of Commerce will use to determine whether ...
December 2019, Government Contracting Law Report
December 2019, Government Contracting Law Report
November 27, 2019, Covington Alert
The Department of Commerce (“the Department”) has issued a proposed rule implementing the May 15, 2019 Executive Order entitled “Securing the Information and Communications Technology and Services Supply Chain,” which we previously analyzed here. Once finalized and effective, the regulations will govern the process and procedures that the Secretary of Commerce ...
November 26, 2019, Inside Government Contracts
Last week, the FAR Council issued a Final Rule, setting forth new FAR provisions that require the reporting of certain counterfeit and suspect counterfeit parts and certain major or critical nonconformances to the Government – Industry Data Exchange Program (“GIDEP”).[1] This Final Rule comes more than five years after the rule was first proposed in...… ...
Seven Covington Lawyers Named Law360 MVPs
November 22, 2019
WASHINGTON—Law360 has named seven Covington lawyers as MVPs, third most among all firms, in their respective practice areas. The awards single out lawyers from across numerous practice areas based on their success in high-stakes litigation, complex global matters, and record-breaking deals. The Covington lawyers recognized as Law360 MVPs are: Thomas ...
November 18, 2019, Inside Government Contracts
On November 6, 2019, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) issued a Notice of Proposed Rulemaking (“NPRM”) aimed at resolving what OFCCP describes as a “decade of confusion.”[1] At issue is a long-standing question concerning the scope of OFCCP’s enforcement authority over health care providers participating in ...
November 14, 2019, Law360
Jay Carey spoke with Law360 about the high rate of success for federal contract protests at the Government Accountability Office over the last five years, as shown in a recent GAO report. Mr. Carey say among other barriers in the way of a successful protest, protesters bear the burden of proof, often have less access to relevant information than agencies, and ...
November 8, 2019, AmLaw Litigation Daily
Ethan Posner, Matthew Dunn, and Christopher Denig were featured in Am Law Litigation Daily as "Litigators of the Week." The team was profiled for their complete defense win for UnitedHealth Group subsidiary Executive Health Resources in U.S. District Court for the Eastern District of Pennsylvania. Krysten Rosen Moller led the associate team and was involved in ...
New Report Shows Feds' Nuanced Approach To Contractors
November 7, 2019, Law360
Mike Wagner is quoted in Law360 regarding the 2018 Suspension and Debarment report. Mr. Wagner says “that modest decline in suspension and debarment activity over time has also been offset in part by suspension and debarment officials' increased use of alternative measures. This dual trend is interesting — I think it speaks to the overall evolution of the ...
November 6, 2019, Covington Alert
On November 5, 2019 the Department of Justice (DOJ) announced the launch of the “Procurement Collusion Strike Force” (PCSF). The creation of the PCSF marks a significant development in the government procurement enforcement landscape. Creation of the PCSF prioritizes the DOJ’s focus on government procurement offenses. As part of that effort, DOJ has launched a ...
October 24, 2019, Law360
Susan Cassidy spoke with Law360 about the Department of Defense’s goal for its Cybersecurity Maturity Model Certification (CMMC) and its impact on join bid contractors. Ms. Cassidy says such teaming arrangements are already complicated and can take years to put together for big defense procurements. Although the DOD has said cybersecurity compliance will be ...
PAHPAI Reauthorizes Key Biodefense Initiatives and Provides Opportunities for Industry Partners
October 2019, Government Contracting Law Report
September 27, 2019, National Defense Magazine
Nooree Lee Receives NAPABA's Best Under 40 Award
September 25, 2019
WASHINGTON—The National Asian Pacific American Bar Association (NAPABA) has recognized Nooree Lee with its Best Under 40 Award. The award recognizes talented individuals within the Asian Pacific American legal community under the age of 40 who have achieved prominence and distinction in their fields of endeavor—be it the practice of law, academia, business, ...
September 11, 2019, Gov Info Security
Susan Cassidy, Samantha Clark, Ryan Burnette, and Ian Brekke are mentioned in Gov Info Security regarding their blog post analyzing the CMMC draft. "The guidance offers no insight into how DOD will determine the CMMC certification level required for each contract solicitation or whether it intends to standardize a process for making such determinations across ...
September 2019, Briefing Paper
August 7, 2019
WASHINGTON—Covington’s Government Contracts and Communications regulatory practices are representing Communications & Power Industries LLC (CPI) in its recently announced deal to acquire SATCOM Technologies, the antenna systems business of General Dynamics Mission Systems, Inc., a business unit of General Dynamics. SATCOM Technologies designs, manufactures and ...
July 12, 2019
WASHINGTON—Covington recently secured a significant victory on behalf of Kellogg Brown & Root Services Inc. (KBR) in a long-running contract dispute with the U.S. Army arising from the Iraq War. The U.S. Court of Appeals for the Federal Circuit unanimously affirmed a 2017 ruling by the Armed Services Board of Contract Appeals (ASBCA) that held the United States ...
Covington Represents Peraton in Solers Acquisition
June 18, 2019
WASHINGTON—Covington is representing Peraton in its recently announced deal to acquire Solers, Inc., a leading provider of software development and systems integration for space situational awareness, satellite ground systems and operations, cybersecurity engineering, and enterprise cloud-based solutions. Covington is handling government contracts, national ...
June 14, 2019, Government Contracting Law Report
Thornberry unveils potential punishments for DoD's slow implementation of acquisition reforms
May 17, 2019, Federal News Network
Scott Freling is quoted in Federal News Network regarding the House Armed Services Committee’s proposal to speed up the Department of Defense’s implementation of changes. Mr. Freling says, “The process for updating and refining the acquisition regulation to keep pace with Congress has slowed to a glacial pace. That causes quite a bit of consternation for ...
May 2019, Government Contracting Law Report
April 9, 2019, Federal News Network
Scott Freling spoke with the Federal News Network regarding the DoD’s hesitation towards implementing acquisition reforms and possible cuts to some defense agencies. Mr. Freling says, “The process for updating and refining the acquisition regulation to keep pace with Congress has slowed to a glacial pace. That causes quite a bit of consternation for contractors ...
April 5, 2019
WASHINGTON—Covington advised Elbit Systems of America, LLC, a subsidiary of Elbit Systems Ltd., in its definitive agreement with Harris Corporation for the acquisition of Harris' Night Vision business for a purchase price of $350 million. The closing of the transaction is subject to receipt of regulatory approvals. Elbit Systems Ltd. is an international high ...
March 7, 2019
LOS ANGELES—Ryan Weinstein has joined Covington in the firm’s Commercial Litigation practice in Los Angeles. Mr. Weinstein most recently served as an Assistant United States Attorney in the Central District of California. At the U.S. Attorney’s Office, Mr. Weinstein prosecuted and tried dozens of criminal cases, briefed and argued numerous appeals before the ...
February 25, 2019, Westlaw Journal Government Contract
February 4, 2019, Federal News Network
Susan Cassidy is quoted in Federal News Network regarding the Department of Defense’s tightening of cybersecurity enforcement regulations on contractors. Ms. Cassidy says, “DoD wants to get everyone to a certain cybersecurity level. Now they are tightening up and they are going to make it a performance and award differentiator.” She said before an award, ...
January-February 2019, The Journal of Robotics, Artificial Intelligence & Law
January 23, 2019
WASHINGTON—Samantha Clark has joined Covington in its Public Policy, CFIUS, and Government Contracts practices in Washington. Ms. Clark’s arrival follows the recent additions of former U.S. Senator Jon Kyl and Broderick Johnson to the firm’s Public Policy practice. Ms. Clark provides advisory and advocacy support to clients facing policy, political, and ...
Covington Named One of Law360's 2018 “Firms of the Year”
January 14, 2019
WASHINGTON—Law360 has named Covington as one of its 2018 “Firms of the Year” for earning seven Practice Group of the Year awards. The Covington practices named 2018 Practice Groups of the Year are: Banking Government Contracts Insurance International Trade Product Liability Sports White Collar "We have followed a ...
DoD is dragging its feet on following the law and it could be a national security issue
November 28, 2018, Federal News Network
Scott Freling is quoted in Federal News Network regarding the implementation of 2017 Department of Defense legislation. Mr. Freling says, “The process for updating and refining the acquisition regulation to keep pace with Congress has slowed to a glacial pace. That causes quite a bit of consternation for contractors we work with where there’s changes that ...
November 2, 2018, Latin Lawyer
Sergio Urias participated in the “Latin Lawyer Live 9th Annual Private Equity Conference,” where he discussed regulatory and corporate issues, and is quoted in Latin Lawyer. Commenting on FIRRMA, Mr. Urias says, “This results in the most complex investment trade and transactional environment in many years and it won’t go away.” Although he thought FIRRMA will ...
Who’s in Your Supply Chain? Contractors Face Increasing Compliance Obligations and Restrictions
August 30, 2018, Covington Alert
How well do you actually know your supply chain—from the materials you acquire to the software you include in your products or services? If you have not answered this question recently, you should consider adding it to your “to do” list. Not only does the U. S. Government want to know, it is increasingly imposing new compliance obligations on its contractors.
August 20, 2018
WASHINGTON—Covington represented Public Service Enterprise Group and its subsidiary Public Service Electric & Gas in securing liability protection under the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 from the U.S. Department of Homeland Security. PSE&G is the first public utility in the United States to be awarded SAFETY Act ...
July 30, 2018
SILICON VALLEY—Covington advised GlaxoSmithKline on its multi-year collaboration with and $300 million equity investment in 23andMe. GSK will become 23andMe’s exclusive collaborator for drug target discovery programs. The collaboration will focus on research and development of innovative new medicines and potential cures using human genetics as the basis for ...
June 20, 2018, The Government Contractor
May 2, 2018, BNA's Federal Contracts Report
Alan Pemberton and Ryan Burnette are quoted in a Federal Contracts Report article regarding a Fourth Circuit ruling that shielded BAE from liability under the Foreign Military Sales program. According to Pemberton and Burnette, although the court didn't definitively address the issue of foreign enforcement, the ruling is favorable for contractors overall because ...
May 1, 2018
WASHINGTON—Covington advised Elbit Systems Ltd. in its $120 million acquisition of the assets and operations of the privately owned U.S. company, Universal Avionics Systems. Elbit Systems is an international high technology company engaged in a wide range of defense, homeland security, and commercial programs throughout the world. Universal Avionics is a ...
March 26, 2018, Thomson Reuters' Westlaw Journal Government Contracts
March 19, 2018, Covington Advisory
Cyberattacks targeting defense contractors illustrate the need for cybersecurity, for thoughtful planning—and for insurance when security and planning prove insufficient. Understanding your insurance policies before things go wrong can help ensure financial protection when they do.
March 2018, Pratt's Government Contracting Law Report
Covington Earns Five “Practice Group of the Year” Awards
February 6, 2018
WASHINGTON—Law360 has named five Covington practice groups among its “2017 Practice Groups of the Year.” The practice groups recognized by Law360 are as follows: Government Contracts International Trade Product Liability Sports White Collar
Gov't Contracts Group Of The Year: Covington & Burling
January 24, 2018, Law360
Covington was named a 2017 Government Contracts Practice Group of the Year by Law360. According to Fred Levy, the group is unique due to the breadth and depth of experience that its attorneys have, and its seamless interaction with other top-tier practice groups at the firm. “I think we’re a very cohesive practice group,” he says. “It really incentivizes our ...
Feds to Ramp Up Online Purchasing Presence
January 22, 2018, E-Commerce Times
Susan Cassidy is quoted in an E-Commerce Times article regarding efforts to create an online marketplace for government purchasers. "One model that was discussed would require a portal provider to contract with GSA to provide an online interface. Under this approach, suppliers would then sign up to use the portal, potentially via a contract with the portal ...
January 18, 2018, Covington Alert
As Congress scrambles in a last ditch attempt to pass a funding proposal, government contractors face the various employment law implications of furloughs caused by the potential government shutdown. During the last government shutdown in 2013, many federal agencies furloughed employees and instructed contractors to implement similar reductions in contract ...
Russian hacker claims there's proof of his DNC breach
January 2, 2018, Politico
Susan Cassidy is quoted in Politico Pro's "Morning Cybersecurity" newsletter regarding the December 31st deadline for defense contractors to meet minimum cybersecurity requirements for the systems they operate for the Pentagon. According to Cassidy, the cybersecurity rule presents “a problem for DoD because there’s a lot of subjectivity in what is ‘adequate ...
Four Covington Partners Named Law360 MVPs
December 20, 2017
WASHINGTON—Law360 has named four Covington partners as MVPs in their respective practice areas. The awards single out lawyers from across numerous practice areas based on their success in high-stakes litigation, complex global matters, and record-breaking deals. The Covington lawyers recognized as Law360 MVPs are: Ray Biagini, Government Contracts. Mr. ...
Construction contractors: The government contractor defense is alive and well in the Fifth Circuit
December 18, 2017, Westlaw Journal Government Contract
MVP: Covington's Raymond Biagini
December 12, 2017, Law360
Ray Biagini was named a 2017 Government Contracts MVP by Law360. The publication highlights his representation of KBR in long-running multidistrict litigation that showcased his "expertise at the intersection of tort and federal contracting law."
Recent Issues in Bid Protests at the Court of Federal Claims: The Spring of ‘17
December 6, 2017, U.S. Court of Federal Claims
December 2017, Pratt's Government Contracting Law Report
Aerospace Up Against Deadline on Cybersecurity
November 24, 2017, Los Angeles Business Journal
Susan Cassidy is quoted in a Los Angeles Business Journal article regarding the difficulties that some defense contractors in Southern California were facing trying to meet the Department of Defense deadline of December 31, 2017 for implementing the cybersecurity controls in NIST Special Publication 800-171. Cassidy notes that the definition of the information ...
November 2017, Pratt's Government Contracting Law Report
A Summary of the Recently Introduced “Internet of Things (IoT) Cybersecurity Improvement Act of 2017
November 2017, Pratt's Government Contracting Law Report
October 31, 2017, Bloomberg Government
Susan Cassidy is quoted in a Bloomberg Government article regarding contractors' efforts to comply with new cybersecurity standards. According to Cassidy, the mandate that contractors develop cybersecurity plans—the most recent requirement added to the NIST list—is crucial for contractors. Contractors must “develop, document, and periodically update system ...
Court of Federal Claims: Offeror on a GSA Lease Lacks Standing to Raise Appropriations Issues
October 2017, Pratt's Government Contracting Law Report
October 2017, Pratt's Government Contracting Law Report
September 18, 2017, BNA's Federal Contracts Report
Fred Levy is quoted in a Federal Contracts Report article regarding a provision in the 2018 National Defense Authorization Act that would require the Pentagon to file a report to Congress on contracting fraud. According to Levy, the amendment appears to be a way for Congress to try to keep tabs on DoD, which was subjected to appropriations bills starting in 2012 ...
Predictability of Outcomes in Discovery Disputes at CBCA Improves During its First Ten Years
August 12, 2017, ABA Section of Public Contract Law Council Meeting
August 2, 2017, BNA's Federal Contracts Report
Fred Levy is quoted in a Federal Contracts Report article regarding the effectiveness of the Mandatory Disclosure Rule, enacted almost a decade ago. “I’ve heard anecdotally that some government people complain that they get mostly the small stuff, and that there must be bigger matters out there,” says Levy. “On the other hand, from my perspective as somebody who ...
August 2017, Pratt's Government Contracting Law Report
July 17, 2017, Inside U.S. Trade's Daily Report
Inside U.S. Trade's Daily Report highlights a Law360 article by the firm's Government Contracts lawyers regarding President Trump's "Buy American and Hire American" Executive Order. The firm's lawyers predict an increased "emphasis on procuring domestic end products" and state that "it will be prudent" for contractors and manufacturers "to take a fresh look at ...
Pentagon demands contractors up cybersecurity
July 2, 2017, San Antonio Express-News
Susan Cassidy is quoted in a San Antonio Express-News article regarding new cybersecurity requirements for contractors. According to Cassidy, "Essentially, the DOD wants its contractors to protect its information, because the DOD is a huge target, and its contractors are also a target." Commenting on the fact that over the years, contractors have been working ...
July 2017, Pratt's Government Contracting Law Report
July 2017, Pratt's Government Contracting Law Report
July 2017, Pratt's Government Contracting Law Report
July 2017, Pratt's Government Contracting Law Report
Attys Dish On Escobar's FCA Impact One Year Later
June 16, 2017, Law360
Peter Hutt II is quoted in a Law360 article evaluating how the Supreme Court's decision in Escobar has been applied over the last year. According to Hutt, "Escobar is such a powerful case because it establishes rules that align with common sense. As to 'implied certification,' courts are instructed to determine if defendants were lying to the government by ...
June 2017, Pratt's Government Contracting Law Report
May 8, 2017, The Daily Signal
Sandy Hoe is quoted by The Daily Signal in an article regarding the potential impact of President Trump's 'Buy America' policy on steel mills. Despite steel mill operators' concerns surrounding increased costs and potential layoffs, Hoe explains that "[t]he April executive order doesn't change any law." He adds, "It is a lot like a lot of [Trump's] executive ...
May 2, 2017, BNA's Federal Contracts Report
Peter Lichtenbaum and Fred Levy are quoted in a Federal Contracts Report article regarding the dispute, which is on appeal in the Fourth Circuit, between South Korea and BAE following the failure to finalize a deal to upgrade the F-16 jet. According to Lichtenbaum, the contracting community would expect the Fourth Circuit not to enforce the BAE-South Korea ...
May 2017, Pratt's Government Contracting Law Report
April 25, 2017, Bloomberg BNA
Scott Freling is quoted in a Bloomberg BNA article discussing why defense contractors should prepare for a possible government shutdown. According to Freling, a certain amount of complacency, especially in the Washington area, has crept into companies regarding brinksmanship surrounding federal funding deadlines. “My sense is that contractors are refreshing ...
April 19, 2017, Law360
President Donald Trump took a significant step this week toward implementing his often touted objective of protecting U.S. manufacturers and workers by signing the “Presidential Executive Order on Buy American and Hire American” on April 18, 2017. In addition to addressing reforms to the H1-B visa program to protect U.S. workers, the EO sets forth a policy and ...
April 18, 2017, Law360
Fred Levy is quoted in a Law360 article regarding the effect of President Trump’s “Buy American, Hire American” Executive Order on federal contractors. Commenting on supply-chain adjustments made to items from overseas, Levy says, “If they change the Buy American Act to flow those requirements all the way back down again so it’s not just components, but any ...
Getting Paid Under Federal Government Contracts, Virtual Class
April 6, 2017, Public Contracting Institute
Wall to Mexico: Beautiful She Is, and Insurmountable
March 23, 2017, Die Zeit
Jennifer Plitsch is quoted in a Die Zeit article regarding the Department of Homeland Security’s request for U.S.-Mexico border-wall prototypes. Commenting on the short time frame interested companies have to create a concept, Plitsch says, “The schedule is breathtakingly close.”
March 15, 2017, The Government Contractor
March 2017, Pratt's Government Contracting Law Report
February 28, 2017
WASHINGTON—Covington represented semiconductor manufacturer Intersil Corporation in its $3.2 billion sale to Japan’s Renesas Electronics Corporation. The firm advised Intersil on aspects of the transaction involving Committee on Foreign Investment in the United States (CFIUS), Foreign Ownership, Control, or Influence (FOCI), trade controls, and government ...
Trump's Contracting By Twitter Likely To Backfire
January 23, 2017, Law360
Alan Pemberton is quoted in a Law360 article regarding President Trump’s use of Twitter to involve himself in the federal contracting process. According to Pemberton, "I'm not aware of a president doing quite what President Trump has done." He adds, "It's important to remember that the president certainly has considerable power in the bully pulpit, but ...
January 19, 2017, Covington Alert
Contractors are used to the Defense Contract Audit Agency scrutinizing their internal accounting practices, but in a recent cautionary tale a contractor found itself in the crosshairs of another federal law enforcement agency: the Securities and Exchange Commission (SEC). In a settlement recently made public, defense contractor L3 Technologies, Inc. (L3) agreed ...
January 17, 2017, Federal Contracts Report
Susan Cassidy is quoted in a Federal Contracts Report article regarding the fate of cybersecurity improvements made by the DoD under President Trump. According to Cassidy, “I would expect those to continue forward because I don't see a political will to say, ‘No you shouldn't protect this.’” The nomination of former Sen. Dan Coats (R-Ind.) to serve as director ...
Lockheed Martin Facing Twin Pressures on F-35 Price
January 12, 2017, The Wall Street Journal
Sandy Hoe is quoted by The Wall Street Journal in an article regarding Donald Trump’s focus on the defense sector and his ability to negotiate military deals. According to Hoe, "The president doesn't have the authority just by fiat to negotiate a contract or the terms of a contract."
Six Covington Lawyers Named Law360 MVPs
January 3, 2017
WASHINGTON—Law360 has named six Covington lawyers as MVPs in their respective practice areas. The awards single out lawyers from across various practice areas based on their “success in high-stakes litigation, complex global matters, and record-breaking deals.” The Covington lawyers recognized as Law360 MVPs are: Shara Aranoff, International Trade. Ms. ...
January 2017, Pratt’s Government Contracting Law Report
Trump's $440 billion weapon
December 22, 2016, Politico
Sandy Hoe is quoted in a Politico article regarding President-elect Donald Trump’s interest in taking a direct role in federal contracting. Most federal contracts include a clause allowing the government to break it. When a company tries to prove a contract was broken illegally, the standard is exceptionally difficult. Commenting on a recent decision in which a ...
December 13, 2016, Law360
Jay Carey is quoted in a Law360 article providing a review of significant government contracts policy developments in 2016. Commenting on the 2017 National Defense Authorization Act, Carey says, “I think the provision that puts a thumb on the scale against using LPTA [the lowest price technically acceptable model] is important, and in the long run beneficial not ...
Top Gov't Contracts Cases Of 2016
December 12, 2016, Law360
Peter Hutt II is quoted in a Law360 article providing a roundup of the most significant government contracts cases of 2016. According to Hutt, "Escobar is the case of the decade. ... [Its] effects will continue to ripple.”
Gov't Contracts MVP: Covington & Burling's Jay Carey
December 12, 2016, Law360
Law360 selected Jay Carey as a 2016 Government Contracts MVP and profiled his involvement in a number of major bid protests by federal contractors in a variety of industries, such as UnitedHealth’s challenge to $58 billion Tricare contracts. According to Carey, “One of the things I really enjoy about it is that every protest is a challenge in terms of learning ...
November 2016, Government Contracting Law Report
November 1, 2016, BNA Federal Contracts Report
DOD Updates Cyber Reporting Rule for Contractors
October 3, 2016, Federal Contracts Report
Susan Cassidy is quoted in a Federal Contracts Report article regarding the Defense Department’s updated cyber incident reporting rule. According to Cassidy, the rule succeeded in clarifying some industry concerns, but did not address them all. “They didn't take an opportunity to clarify everything you might have hoped they would.” For example, when asked ...
September 29, 2016, Law360
Jennifer Plitsch is quoted in a Law360 article regarding the U.S. Department of Labor's final rule requiring federal contractors to provide paid sick leave to employees. According to Plitsch, "I can't say we've had any clients who have said, 'I'm done with the federal government; I'm never going there again,' but I do think there is increasing concern about the ...
September 19, 2016, Covington Alert
On September 14, 2016, the National Archives and Record Administration (NARA) issued the “Controlled Unclassified Information Final Rule” (Final Rule), effective November 13, 2016, establishing consistent practices and procedures for safeguarding, disseminating, controlling, destroying, and marking Controlled Unclassified Information (CUI) across Executive ...
Cybersecurity: Steps to Take Before, During, and After an Incident
September 14, 2016, 2016 Covington Government Contracts Briefing: Solving Problems, Securing Opportunities
August 31, 2016, Inside Defense
Frederic Levy is quoted in an Inside Defense article regarding a proposed rule that would exempt non-traditional contractors and small businesses from certified cost and pricing data requirements for certain contracts. According to Levy, the "intent is to open up participation in government programs." He adds, "Expanding that concept to a broader base of awards ...
August 19, 2016, Inside Defense
Susan Cassidy is quoted in an Inside Defense article regarding the DOD’s proposed rule change to implement sections of the National Defense Authorization Acts for Fiscal Years 2013 and 2016 relating to commercial item acquisitions. According to Cassidy, "They were going to take out the 'of a type' commercial item, and that's been a big deal with DOD for a long ...
July 12, 2016, BNA's Federal Contracts Report
June 27, 2016, Covington Alert
On June 23, 2016, GSA issued a long-awaited final rule that significantly alters the regulatory landscape for contractors who hold Federal Supply Schedule (FSS) contracts and other government-wide contracting vehicles. The new rule, which is known as the Transactional Data Reporting rule, is the most significant change to the FSS program in more than two decades ...
June 17, 2016, Covington Alert
In Universal Health Services Inc. v. U.S. ex rel. Escobar, No. 15-7 (Slip. Op. June 16, 2016), a unanimous Supreme Court affirmed the viability of the “implied false certification” theory of False Claims Act liability, at least in certain circumstances. This portion of the ruling was not unexpected given the overwhelming acceptance of implied certification among ...
June 2, 2016, National Defense
Hunter Bennett is quoted in a National Defense article regarding proposed legislation that would penalize contractors who challenge the government with frivolous protests to hold a job until the protest is settled. Bennett, wondering if these provisions “simply go too far,” write, “Clearly aimed at curbing the practice of incumbent contractors filing meritless ...
May 31, 2016, Inside Cybersecurity
Susan Cassidy participated in a panel discussion at the annual cybersecurity conference at Georgetown University Law Center and is quoted in this Inside Cybersecurity article regarding the limited scope of liability protections under the new cyber info-sharing law. According to Cassidy, "Anything you create could be used in litigation against you," in referring ...
May 25, 2016, Inside Defense
Jay Carey is quoted in an Inside Defense article regarding the defense industry’s reaction to protest reform ideas being proposed by Capitol Hill and the Pentagon. According to Carey, the defense industry has a more “balanced view of protests.” “They're coming at it not only as a company that sometimes files protests, but as a company that wins awards and has ...
May 23, 2016, Inside Defense
Jay Carey is quoted in an Inside Defense article regarding the defense policy bill approved by the Senate Armed Services Committee which would block GAO protests for task orders. According to Carey, if the bill is passed, it would mean that there is "no effective oversight of task order awards -- which are now a huge part of the procurement process." He ...
May 19, 2016, Federal Contracts Report
Jay Carey is quoted in a Federal Contracts Report article regarding contractor concerns sparked by the Senate version of the National Defense Authorization Act (NDAA), which includes a “loser-pays” provision in bid protests. “I think contractors should be quite concerned” with the Senate version of the NDAA as it now stands, says Carey. “Protests are a critical ...
May 16, 2016, Covington Alert
Today, the Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) issued a Final Rule to add a new subpart and contract clause (52.204-21) to the Federal Acquisition Regulation (FAR) “for the basic safeguarding of contractor information systems that process, store, or transmit Federal ...
April 25, 2016, Inside Defense
Jay Carey is quoted in this Inside Defense article discussing House Armed Services Committee Chairman Mac Thornberry’s expectation that lawmakers will debate proposals to reform the way defense contractors protest losing bids. Carey, disagreeing with Thornberry’s view, says it is inaccurate to characterize contractor protests as being out of control. “Some folks ...
April 20, 2016, Covington Alert
The United States Department of Veterans Affairs (“VA”) recently announced a significant change in policy that will allow it to purchase drug products that were previously unavailable due to the Trade Agreements Act (“TAA”) because they were manufactured in countries with whom the United States does not have a procurement agreement in place. The VA has issued a ...
April 18, 2016, Modern Healthcare
Peter Hutt II is quoted in this Modern Healthcare article discussing the upcoming oral arguments at the Supreme Court in Universal Health Services v. United States ex. rel. Escobar. Hutt argues it is the biggest False Claims Act case to be weighed by the Supreme Court in more than 30 years, and the case would be the "polestar" for any future decisions from ...
April 13, 2016, National Defense
Scott Freling is quoted in this National Defense article exploring the DOJ and FTC joint statement on preserving competition in the defense industry. According to Freling, the interagency truce should “provide some comfort” to defense contractors that mergers and acquisitions can go forward, albeit “under the right circumstances.” Brown adds, the statement ...
April 6, 2016, Federal Contracts Report
Scott Freling is quoted in a Federal Contracts Report article regarding a recent COFC ruling that allowed Starry, an IT firm challenging solicitation cancellation, to depose HHS officials due to an alleged bias. According to Freling, allegations of bias often fail to gain traction during bid protest litigation because it is difficult to allege sufficient ...
March 3, 2016, InsideDefense.com
Jay Carey is quoted in this InsideDefense.com article focusing on the need for the bid protest process and its unintended consequences. Carey, backing the need for greater information throughout the whole process said, "If agencies can share more info in a debriefing, I think that will lower the protest rate." He also added that the government can improve the ...
March 2, 2016, BNA Federal Contracts Report
Jay Carey is quoted extensively in this BNA Federal Contracts Report article discussing bid protest rates. At a panel discussion hosted by the Center for Strategic and International Studies, Carey shared that bid protest rates are increasing but are still low by historical standards. Speaking to BNA, Carey says, “I think people tend to focus on the increase in ...
Who’s the Fairest of Them All: The Effects of Bid Protests on the Acquisition System
March 2, 2016, Center for Strategic and International Studies
Leading Government Contracts Lawyer Joins Covington
February 29, 2016
WASHINGTON, DC - Peter Hutt II has joined Covington as a partner in the Government Contracts practice. “Further enhancing Covington’s standing within the defense community as a leader in the False Claims Act and government cost accounting standards fields remains a key priority for the firm,” said Jennifer Plitsch, co-chair of the firm’s Government Contracts ...
February 29, 2016, Bloomberg BNA
Peter Hutt II and Fred Levy are quoted in this Bloomberg BNA “Big Law Business” article discussing Covington’s growing government contracts practice. Hutt, who has watched the firm’s growth from a distance before joining recently says, “It was an eye opener to everyone in the government contracts space.” Levy, who joined last year, adds, “There continues to be a ...
January 28, 2016
WASHINGTON, DC - Law360 has named six Covington practice groups among its “Practice Groups of the Year.” The practice groups recognized by Law360 are as follows: Government Contracts Insurance International Trade Life Sciences Product Liability Sports
December 15, 2015, Bloomberg BNA
Scott Freling is quoted in a Bloomberg BNA article discussing House and Senate energy policy bills with provisions intended to boost performance contracting and make the government more energy efficient. Ganderson argues that even though some of the energy savings performance contracts (ESPCs) provisions were eliminated, congressional deliberations on ...
Four Covington Partners Named Law360 MVPs
November 25, 2015
WASHINGTON, DC, November 25, 2015 - Law360 has named four Covington partners as MVPs in their respective practice areas. The awards single out lawyers from across 31 practice areas based on their success in high-stakes litigation, record-breaking deals, and complex global matters. The Covington lawyers recognized as Law360 MVPs are: Ray Biagini, ...
DOD Responds to Some Concerns About Supply Chain Rule
November 3, 2015, BNA Government Contracts
Susan Cassidy was quoted in this article.
November 2, 2015, Covington Alert
October 12, 2015, National Defense Magazine
Peter Lichtenbaum is quoted in this National Defense Magazine blog post discussing the push by the Pentagon to attract innovative technology firms and to create new business relationships with the commercial tech sector. Although conversations between government officials and tech leaders are occurring, there are some doubts about the future success of these ...
DoD Issues Interim Rule Addressing New Requirements for Cyber Incidents and Cloud Computing Services
August 27, 2015, Covington Alert
August 24, 2015, InsideGovernmentContracts Blog
August 13, 2015, Inside Cybersecurity
Susan Cassidy was quoted in this article.
August 10, 2015, Covington Alert
July 21, 2015, BNA's Federal Contracts Report
June 22, 2015, Covington Alert
June 17, 2015, Bloomberg BNA Federal Contracts Report
June 2, 2015, GlobalPolicyWatch Blog
May 27, 2015, Covington Alert
Leading Government Contracts Group Joins Covington
May 1, 2015
WASHINGTON, DC, May 1, 2015 — Covington is significantly expanding its government contracts practice with 20 lawyers from one of the nation’s top government contracts groups, including its former chair and leaders in contractor tort liability, bid protests, procurement fraud, trade secrets and employment. The group of five partners and 15 other lawyers from ...
May 1, 2015, The Washington Post
May 1, 2015, The Lawyer
May 1, 2015, The Washington Business Journal
Covington is featured in these articles regarding the expansion of its government contracts practice with 20 lawyers from one of the nation’s top government contracts groups.
May 1, 2015, Bloomberg BNA
May 1, 2015, PubKLaw
April 24, 2015, InsideGovernmentContracts Blog
April 15, 2015, InsideGovernmentContracts Blog
Covington’s Scott Freling Named “Rising Star”
April 8, 2015
WASHINGTON, DC, April 8, 2015 — Law360 has named Covington & Burling’s Scott Freling a recipient of its “Rising Star” award in the government contracts category. The award honors lawyers under the age of 40 whose “legal accomplishments belie their age.” In its profile of Mr. Freling, Law360 wrote that he is “one of today’s go-to experts in the mergers and ...
April 2015, Government Contracting Law Report
March 10, 2015, Covington E-Alert
February 17, 2015, InsideGovernmentContracts Blog
February 10, 2015, InsideGovernmentContracts Blog
February 4, 2015, InsideGovernmentContracts Blog
February 2, 2015, Covington E-Alert
January 9, 2015, Inside Government Contracts Blog
December 17, 2014, InsideGovernmentContracts Blog
December 16, 2014, InsideGovernmentContracts Blog
December 12, 2014, InsideGovernmentContracts Blog
November 18, 2014, BNA, Inc. Federal Contracts Report
October 28, 2014, Covington E-Alert
October 23, 2014, InsideGovernmentContracts Blog
October 1, 2014, Inside Cybersecurity
Covington's David Fagan and Marialuisa Gallozzi are quoted in this article regarding a symposium co-hosted by Covington & Burling and George Washington University's Cybersecurity Initiative titled "Cybersecurity for Government Contractors." "That is the bubble that we're sitting on at this moment," said Covington and Burling insurance attorney Marialuisa ...
Morning Cybersecurity
September 30, 2014, Politico
Michael Chertoff is quoted regarding a symposium co-hosted by Covington & Burling and George Washington University's Cybersecurity Initiative titled "Cybersecurity for Government Contractors." "Information sharing between the government and private sector shouldn’t just be about swapping threat signatures or intelligence, former DHS Secretary Michael Chertoff ...
September 3, 2014, InsideGovernmentContracts Blog
Self-Reporting Is All The Rage In Recent Contractor Regs
August 25, 2014, Law360
Susan Cassidy was quoted in this article.
Inside The Proposed DFARS Business Systems Rule
July 22, 2014, Law360
Susan Cassidy, Scott Freling and Kayleigh Scalzo have co-authored this article about the U.S. Department of Defense issuing a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (“DFARS”) in order to improve the efficiency and effectiveness of auditing contractors’ accounting systems, estimating systems, and material management and ...
July 13, 2014, The Washington Post
Covington partner Susan Cassidy is quoted regarding a recent court decision by the Fourth Circuit that is set to change how much contractors who mislead the government face in potential penalties. "That potential windfall acts as a strong incentive for people to file suits on behalf of the government, said Susan Cassidy, a partner at law firm Covington & ...
July 7, 2014, National Defense Magazine
Susan Cassidy and Mike Wagner authored this article on the increase of "false claims" suits. Under a recent court decision by the Fourth Circuit, a federal government contractor may suddenly find itself facing potentially massive liability based solely on the number of invoices submitted in previous years, even if every one of those invoices was entirely ...
July 3, 2014, Law360
Susan Cassidy and Mike Wagner write on the False Claims Act in this article for Law360: "For the past four years, FCA enforcement has focused most heavily on the health care industry, recovering more than $2 billion a year in cases involving health care fraud. This article discusses a recent FCA ruling by the Fourth Circuit that, if allowed to stand, could ...
May 9, 2014, Covington E-Alert
April 15, 2014, Covington E-Alert
April 8, 2014, Covington E-Alert
February 13, 2014, Covington E-Alert
January 29, 2014, Covington E-Alert
January 21, 2014, Covington E-Alert
January 9, 2014, Covington E-Alert
November 25, 2013, Covington E-Alert
November 21, 2013, Covington E-Alert
November 5, 2013, Covington E-Alert
October 8, 2013, Bloomberg BNA Federal Contracts Report
New Proposed Rules to Enhance Contractors’ Responsibilities in the Fight Against Human Trafficking
September 27, 2013, Covington E-Alert
Department of Labor Moves Forward on Affirmative Action Regarding Individuals with Disabilities
August 8, 2013, Covington Advisory
June 21, 2013, Covington E-Alert
April 17, 2013, Covington E-Alert
April 12, 2013, Covington E-Alert
April 8, 2013, Covington E-Alert
March 2013, Thomson Reuters
February 12, 2013, Covington E-Alert
January 18, 2013, Covington E-Alert
HHS Proposes to Amend Acquisition Regulations Regarding Application of Bayh-Dole Act and Data Rights
January 18, 2013, Covington E-Alert
October 12, 2012, Covington E-Alert
August 29, 2012, Covington E-Alert
August 1, 2012, Covington E-Alert
July 31, 2012, Covington E-Alert
July 31, 2012, Covington E-Alert
July 2, 2012
WASHINGTON, DC, July 2, 2012 — Covington & Burling is bolstering its government contracts practice by adding Susan Cassidy as a partner in its Washington, D.C. office. This marks Covington’s second high-profile addition to its government contracts practice in recent months and underscores the firm’s strong commitment to expand in this area of law. Robert Nichols ...
May 8, 2012, Covington E-Alert
May 2, 2012
SAN FRANCISCO, May 2, 2012 — Covington & Burling LLP advised the University of California, Santa Cruz on the creation of a national, federally-financed bioinformatics database. The database will serve as a secure repository for storing, cataloging, and accessing cancer genome sequences, alignments, and mutation information from leading cancer-related projects ...
4/23/2012
NEW YORK, April 23, 2012 — Covington & Burling represented Thomson Reuters in a definitive agreement to sell its Healthcare business to an affiliate of Veritas Capital for $1.25 billion in cash. The sale, expected to close in the next few months, is subject to regulatory approval and customary closing conditions, including the expiration or termination of ...
April 16, 2012, Covington E-Alert
March 15, 2012, Covington E-Alert
January 18, 2012, Covington E-Alert
January 3, 2012, Covington E-Alert
July 6, 2011, Covington E-Alert
June 15, 2011, Covington E-Alert
June 7, 2011, BNA Insights
HRSA Issues Proposed Rule Implementing Orphan Drug Exclusion for Certain 340B Program Purchases
June 1, 2011, Covington E-Alert
May 31, 2011, Covington E-Alert
May 18, 2011, Covington E-Alert
April 26, 2011, BNA's Federal Contracts Report
March 7, 2011, Covington E-Alert
February 2, 2011, Covington E-Alert
9/18/2009
WASHINGTON, DC, September 18, 2009 — Four Covington & Burling LLP partners were recognized at the Washington Business Journal’s “2009 Top Washington Lawyers” awards gala held last night at The Fairmont Washington. Tony Herman, who chairs the firm’s public service committee, was named the “Top Washington Lawyer” in the pro bono category. Paul Schmidt, a ...
July 16, 2009
NEW YORK, NY, July 16, 2009 — Snow Phipps Group, LLC, a private equity firm, announced on July 7 that it had completed the acquisition of ITS Holding Company (ITSolutions), a leading information technology services provider to US government civilian, national security, and intelligence agencies, along with Mr. Stefan Lalos, co-founder and CEO of ITSolutions. ...
April 14, 2009, Covington E-Alert
Covington Announces Four New Counsel
4/7/2009
WASHINGTON, DC, April 7, 2009 — Covington & Burling LLP is pleased to announce the promotion of four lawyers to of counsels and special counsels. The new of counsels are as follows: Heather Haberl represents local, regional, and national owners, developers, property managers, tax-exempt organizations, and other users in all aspects of real estate ...
April 7, 2009, Covington E-Alert
April 1, 2009, Covington E-Alert
March 25, 2009, Covington E-Alert
February 5, 2009, Covington E-Alert
December 8, 2008, Covington E-Alert
8/7/2008
WASHINGTON, DC, August 7, 2008 — On August 5, Intercell AG completed its acquisition of Iomai Corporation (now known as Intercell USA, Inc.) in a deal that will create a leading traveler’s vaccine portfolio. Covington & Burling LLP advised Intercell on the transaction. Intercell is a growing biotechnology company which focuses on the design and development of ...
Legal Elements of Proposal Preparation
July 24, 2008, National Small Business Federal Contracting Summit
Government Subcontracting
March 7, 2008, National Small Business Federal Contracting Summit
February 4, 2008, Covington E-Alert
December 18, 2007, Covington E-Alert
March 29, 2007, Covington E-Alert
So, You Want to Join the Team; Teaming Agreements in Government Contracting
August 17, 2006, National Small Business Federal Procurement Summit
Teaming Agreements and Subcontracts
August 17, 2006, National Small Business Federal Procurement Summit
July 25, 2006
WASHINGTON, D.C., July 25, 2006 - Covington advised Novartis Vaccines and Diagnostics, Inc. (successor to Chiron Corporation) in its plans to locate, construct and operate a cell culture-derived influenza vaccines manufacturing facility in Holly Springs, North Carolina. The facility, slated to be the first of its kind in the United States, should ...
July 11, 2006, BNA's Federal Contracts Report
July 15, 2005
WASHINGTON, D.C., July 15, 2005 - Five States, represented by Covington & Burling, have prevailed before the Departmental Appeals Board of the United States Department of Health & Human Services (the "Board") in their appeals of Medicaid disallowances. In a decision issued on June 24, the Board reversed disallowances of federal Medicaid funding totaling over ...
Covington & Burling Announces Five New Partners
September 30, 2004
WASHINGTON, D.C., September 30, 2004 - Covington & Burling announced the election of five new partners, effective October 1. Stuart C. Stock, chair of the firm's management committee, commented: "These fine lawyers very much reflect the strength, excellence, and diversity of the firm." Covington's newest partners and their backgrounds are as follows: Robert ...
October 3, 2002
October 3, 2002 - WASHINGTON, D.C. - Covington & Burling represented privately-held Decision Systems Technologies, Inc. (DSTI), of Rockville, Maryland, an information technology, engineering, and science solutions provider to federal government clients, in its sale to STG, Inc., an information technology, engineering and professional services firm also serving ...
Covington Represents Aegis Research Corporation in Its Sale to ManTech International Corporation
August 5, 2002
August 5, 2002 - WASHINGTON, D.C. - Covington & Burling represented privately-held Aegis Research Corporation, of Falls Church, Virginia, a leading provider of secrecy, security, intelligence, counterintelligence, computer forensics, intrusion analysis and other enterprise protection strategies and technical services to the national security community, in its ...
Trumps New Executive Order Requires Additional Buy American Preferences for Infrastructure Projects
April 2019, Government Contracting Law Report
- Law360, Government Contracts Group of the Year (2015, 2017-2019)
- International Legal Alliance Summit & Awards, Best USA Law Firm: Regulatory & Public Procurement (2016)
- Ray Biagini was named an a Law360 MVP in the Government Contracts category (2015, 2017)
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