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- Home
- Professionals
- Jason A. "Jay" Carey
Jason Carey represents government contractors in litigation, counsels them regarding a wide range of formation and compliance matters, and defends them in investigations by federal and state governments.
Recognized by Chambers as one of the nation’s top bid protest lawyers, Mr. Carey represents clients before the U.S. Government Accountability Office, the Court of Federal Claims, and state tribunals across the country. He litigates protests involving complex procurements often worth billions of dollars, across a wide range of industries — aerospace and defense; biotechnology; health care; cybersecurity; information technology; telecommunications; and others. A list of his recent wins is in the “Representative Matters” section below.
Mr. Carey also counsels clients on government contracts law and regulation, with an emphasis on matters related to the formation of government contracts. For example, he counsels clients extensively on organizational conflicts of interest, and on strategies for protecting intellectual property rights when entering into procurement contracts, grants, cooperative agreements, and “Other Transaction Authority” agreements with the government.
Mr. Carey defends government contractors under investigation by the federal and state governments. In one engagement, he represented a space technologies company in joint criminal and civil fraud investigations alleging overcharges in violation of FAR and the Cost Accounting Standards (CAS). Although commenced with a search warrant, the criminal case was declined and the civil False Claims Act case was dismissed by the court.
- Won GAO protest overturning a $5 billion award by the Department of Energy for nuclear waste remediation at the Savannah River site (2018).
- Won protest defense of Medicaid managed care contracts worth up to $15 billion against multiple protests in Kansas state court (2018).
- Won GAO protest of 12 contracts worth up to $6.8 billion for medical disability exams by the Department of Veterans Affairs (“VA”) (2016).
- Twice won protest defenses, first at GAO and then at COFC, when the VA awarded 10 of those 12 contracts to our clients, and three competitors challenged those awards (2017).
- Twice won protests at COFC overturning a $500 million award by the U.S. Navy to Fluor Federal Solutions for Base Operation Support Services on Guam (2018).
- Won GAO protest of awards worth $2 billion for debt collection services by the Department of Education (2017).
- Won protest defense of $3 billion award by the Defense Health Agency under the Tricare Dental Program (2016).
- Won protest defense at GAO protecting a $100+ million award by the Department of Homeland Security for a next-generation biometric analysis system (2018).
- Won protest defense of $500 million pharmacy benefits manager contract in California state court (2017).
- Won GAO protest of $100+ million contract by the Office of Personnel Management for investigative support services (2017).
- Won protest defense at GAO of $150 million USAID award (2017).
- Won protest defense at GAO of $400 million award by the Army for logistics and support services in Kuwait and Qatar (2016).
- Won protest defense of $60 million award by the U.S. Air Force for engineering and technology acquisition support (2016).
- Won protest defense of award for audit services by the Department of the Interior (2016).
Memberships and Affiliations
- American Bar Association Public Contract Law Section, Vice Chair, Bid Protest Committee
October 22, 2018, Inside Government Contracts
Although the Freedom of Information Act (FOIA) allows citizens to request agency records and thus keep a close eye on their government, proprietary information is exempt from disclosure under Exemption 4, which protects “trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential.” A substantial body of case ...
October 4, 2018, Inside Government Contracts
Last month, the Federal Circuit weighed in on a largely-overlooked provision in the Federal Acquisition Streamlining Act (“FASA”) that requires federal agencies, to the maximum extent practicable, to procure commercially available goods and services to meet their needs. In the case — Palantir USG v. United States — the court affirmed the decision by the...… ...
July 12, 2018, Inside Government Contracts
For the first time in several years, the version of the FY 2019 National Defense Authorization Act (NDAA) that just passed the Senate does not contain any major reforms to limit bid protests. But the bill the Senate sent to the conference committee process does contain two provisions aimed at bid protests. Although they are...… Continue Reading The post Senate ...
June 20, 2018, Inside Government Contracts
Earlier this month, the Government Accountability Office (“GAO”) sustained a bid protest challenging the agency’s decision to exclude the protester from consideration based on a potential organizational conflict of interest (“OCI”). The GAO decision serves as a reminder that an offeror that is excluded from a competition on the basis of a perceived OCI can...… ...
May 11, 2018, Inside Government Contracts
This past March marked the beginning of a more fulsome required debriefing process for defense contracts. The Director of Defense Procurement and Acquisition Policy (“DPAP”) issued a class deviation memorandum, effective March 22, 2018, requiring contracting officers to: (1) provide unsuccessful offerors an opportunity to submit additional questions within two ...
May 2, 2018, Inside Government Contracts
In a new rule announced yesterday, the FAR Council implemented prior statutory changes to GAO’s bid protest jurisdiction. For task orders issued by the Department of Defense, NASA, or the Coast Guard, the rule provides that GAO will have jurisdiction only over task orders “valued in excess of $25 million.” For civilian agencies, GAO continues...… Continue ...
April 25, 2018, Inside Government Contracts
On April 24, 2018, the Department of Defense (DoD) issued a Notice and Request for Comment on draft guidance that DoD proposes for assessing contractors’ System Security Plans (SSPs) and their implementation of the security controls in NIST Special Publication (SP) 800-171. This includes assessments as part of source selection decisions and during contract ...
April 19, 2018, Inside Government Contracts
On April 2, 2018, GAO issued a final rule revising its existing regulations to implement a number of changes to its bid protest process. The new rule becomes effective on May 1, 2018. Several of these changes implement requirements in Section 1501 of the Consolidated Appropriations Act for FY2014 (“Act”), which directed GAO to institute...… Continue Reading The ...
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 ...
January 10, 2018, Inside Government Contracts
Last week, the RAND Corporation published a report entitled “Assessing Bid Protests of U.S. Department of Defense Procurements: Identifying Issues, Trends, And Drivers.” In it, RAND analyzed the prevalence and impact of bid protests of U.S. Department of Defense (“DoD”) acquisitions, and concluded that DoD bid protests are both “exceedingly uncommon” and, on ...
November 16, 2017, Inside Government Contracts
On Monday, GAO issued its Bid Protest Annual Report to Congress for Fiscal Year 2017. Most notably, the effectiveness rate hit 47%. The effectiveness rate looks at all cases filed, and measures the percentage of cases in which a protester obtains some relief, whether through a sustain by GAO or voluntary corrective action by the...… Continue Reading The post ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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
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 ...
Risk Prevention & Mitigation: Protecting Contractor and Military Investments in Nanotechnology
November 16, 2015, 13th Annual Nano for Defense Conference: Transitioning Emerging Technologies
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 ...
Review Important GAO and Court Decisions, Latest Developments and Trending Protest Topics
2/5/2015, 10/9/2014, 6/19/2014, Decisions Webinar Series, Public Contracting Institute
What Government Contractors Need to Know About Bid Protest
7/28/2014, NCMA World Congress
8/14/2013, The Government Contractor
4/24/2013, The Government Contractor
2/13/2013, The Government Contractor
Intellectual Property Rights
9/20/2012, Practising Law Institute Government Contracts 2012 Program
New Developments in Contract Compliance
10/26/2011, Federal Publications Seminar
Legislative & Regulatory Update
8/25/2011, Nash & Schooner Hot Topics Webinar Series, Public Contracting Institute
Data Rights, OCIs, PCIs, and Other Developments
1/26/2011, Nash & Schooner Hot Topics Webinar Series, Public Contracting Institute
New Developments in Contract Compliance
10/27/2010, Federal Publications Seminar
9/15/2010, The Government Contractor
ATK Thiokol, Inc. v. US: Implications for Protecting IP
4/20/2010, Aerospace Industries Association, Intellectual Property Committee Spring Meeting
December 2009, Service Contractor Magazine (Professional Services Council)
The Proposed Tariff Shift Regulation and Trade Agreements Act Requirements
10/14/2009, Washington Management Group
Building A Solid Foundation: Examination of Major Obligations in MAS Contracting. Basis of Award, Disclosure & Reporting, TAA & Other Laws
2/10/2009, MAS Event, The Coalition for Government Procuremen
The Proposed Tariff Shift Regulation and Trade Agreements Act Requirements
11/5/2008, The Trade Agreements Act...What's Next?, Washington Management Group
Internal Audits
9/26/2008, Premier Member Luncheon, The Coalition for Government Procurement
Legal Forecast: What are the Imminent Regulations that will have the Most Effect on Your Business?
5/28/2008, Forecast 2008: How Procurement Changes Could Call For Cloudy Conditions, The Coalition for Government Procurement
Using General Services Administration Schedule Contracts to Sell to the Federal Government
2/5/2008, ACC InfoPAK Webinar
- Chambers USA, Government Contracts (2014-2018)
- Legal 500 US, Government Contracts (2016-2017)
- Law360, Government Contracts MVP (2016)
- Named to BTI’s “Client Service All-Stars 2016” list by General Counsels and In-House Lawyers.
- Ranked as a "Top Lawyer" by the Washingtonian (2015, 2017, 2018).