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Bryan M. Byrd
Associate
Washington +1 202 662 5704 bbyrd@cov.com Download V-card

Bryan Byrd has experience advising clients across a broad range of issues arising from their participation in government contracting.

Mr. Byrd’s practice covers multiple subject-matter areas, including: contract negotiations, bid protests, flow-down requirements, schedule contracts, compliance, and performance disputes. He works with clients in many industries, including life sciences, defense, and construction.

Procurement and Non-Procurement Agreement Compliance and Negotiation

  • Advise government contractors related to FAR, DFARS, and other agency supplement requirements, including flow down requirements for subcontractors.
  • Assist government contractors with establishing internal compliance policies relating to, among other things, mandatory reporting, gift restrictions, and organizational conflicts of interest.
  • Represent government contractors in negotiating prime contracts with the U.S. Government, as well as subcontracts and teaming agreements supporting U.S. Government programs.
  • Represent pharmaceutical companies in negotiations to perform work for the U.S. Departments of Health and Human Services and Defense in connection with significant threats to public health.
  • Represent pharmaceutical company in negotiation of cooperative research and development agreement with the U.S. Department of Energy.
  • Represent a leading healthcare anti-fraud software provider in negotiations to perform work for the U.S. Centers for Medicare and Medicaid Services.

Intellectual Property Rights and Obligations

  • Represent government contractors regarding intellectual property and data rights and obligations under the FAR, DFARS, and other agency supplements, including providing guidance about protecting contractor proprietary information and government rights in data provided pursuant to a government contract.
  • Represent pharmaceutical companies regarding the Bayh-Dole Act, including providing guidance about general Bayh-Dole Act requirements, U.S. manufacturing requirements, collaboration and transaction considerations, and U.S. Government license and march-in rights.
  • Assisted a pharmaceutical company in negotiating exclusive licenses for government-owned vaccine technology.

Litigation, Investigations, and Other Disputes

  • Represent government contractors before the Civilian Board of Contract Appeals and the Armed Services Board of Contract Appeals in complex contract disputes involving terminations, requests for equitable adjustment, and cost allowability.
  • Successfully represented defense contractor in multi-million dollar breach of contract suit brought by subcontractor in Eastern District of Virginia’s “rocket docket.”
  • Assisted defense contractor in dispute with Department of Navy over highly-sensitive trade secret data incorporated into deliverables provided under the contract.
  • Assisted with internal investigation of government contractor in response to False Claims Act allegations.

Transactional Assistance

  • Represent private equity firms and contractors in the acquisition and sale of government contractors and assets, involving issues related to carve out, False Claims Act liability, compliance, intellectual property rights, state and local contracting, protest risk for pending proposals, key personnel, organizational conflicts of interest, pending litigation, and competitive effects.

Other Representative Matters

  • Represent government contractors in bid protests, including protests filed by clients at the Government Accountability Office and the Court of Federal Claims.
  • Advise regarding questions about Procurement Integrity Act.
  • Advise regarding questions about Anti-Deficiency Act and Augmentation of Appropriations

Pro Bono

  • Advise humane society in performing contract for comprehensive animal care services for the District of Columbia.
  • Advise leading nonprofit organization for the protection of children who enter the U.S. immigration system alone regarding government contract compliance.
  • Represent veterans in filing petitions for extraordinary relief from the U.S. Court of Appeals for Veterans Claims directing the Department of Veterans Affairs to certify veterans’ appeals of benefits decisions.
  • Coordinate the Cardozo Saturday Academy, a partnership between Cardozo Senior High School and Covington providing educational enrichment programs for high school students.

Memberships and Affiliations

  •  American Bar Association, Section of Public Contract Law

Previous Experience

  • Special Assistant United States Attorney, U.S. Department of Justice, U.S. Attorney’s Office, Eastern District of Virginia
  • Attorney-Examiner, U.S. Civilian Board of Contract Appeals
  • Professorial Lecturer in Law, The George Washington University Law School, Scholarly Writing Program, Public Contract Law Journal