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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 defense of two GAO protests, a COFC protest, and a Federal Circuit appeal protecting $40 billion contracts awarded by the Department of Veterans Affairs (“VA”) for the Community Care Network (2019-2020).
- Won GAO protest overturning $600 million contract awarded by the Department of Labor for pharmacy benefits management services (2020).
- Won protest defense at COFC protecting intellectual property related to marine engines used in hundreds of U.S. Navy vessels (2019).
- 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 and then protest defense of $300 million contract for DOJ’s International Criminal Investigative Training Assistance Program. We first protested our client’s exclusion from the competitive range, and the agency agreed to re-admit them to the competition. Our client then won the contract and we defended the award (2020).
- 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).
- Won protest defense of $100+ million contract awarded by the Department of Energy (2019).
- Won protest defense of $170 million contract awarded by the Department of the Navy, Naval Information Warfare Systems Command (2019).
- 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
December 22, 2020, Inside Government Contracts
If your company delivers technical data to the Department of Defense, you should take a close look at the Federal Circuit’s decision issued yesterday in The Boeing Co. v. Secretary of the Air Force. The Court acknowledged that contractors may retain ownership and other interests in unlimited rights data, and it held that they may...… Continue Reading The post ...
Three Covington Partners Named Law360 MVPs
November 2, 2020
WASHINGTON—Law360 has named three Covington lawyers as MVPs. 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: Jay Carey was recognized for helping data services giant Optum successfully ...
May 12, 2020, Inside Government Contracts
Many government contractors are familiar with the well-established processes of federal bid protests. Less known is the dizzying variety of procedures applicable to state and local bid protests, and a rule that is well-established in one jurisdiction may be nonexistent in another. Although there are some unifying themes that pervade protest practice everywhere ...
May 7, 2020, Inside Government Contracts
The government’s response to the coronavirus pandemic implicates a host of authorities of interest to contractors, from those under the Stafford Act to its recently invoked Defense Production Act powers. The government has another critical, and perhaps under-examined, set of tools at its disposal to meet the demands of the pandemic: FAR Part 18, “Emergency...… ...
April 2020, Briefing Papers
March 18, 2020, Inside Government Contracts
As a result of novel Coronavirus (SARS-CoV-2) and COVID-19, federal and state governments have a sudden and unanticipated need for more goods and services. Some of those goods and services are highly specialized and specific to Coronavirus and COVID-19. But governments also have an increased and urgent need to buy otherwise-routine goods and services that...… ...
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 14, 2019, Inside Government Contracts
As previously discussed on this blog, the National Defense Authorization Act for Fiscal Year 2017 and the NDAA for Fiscal Year 2018 imposed new limitations on when the Department of Defense can use Lowest Price Technically Acceptable source selection methods. Just last month, the Department of Defense issued a final rule amending the Defense Federal Acquisition ...
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 ...
Not So Fast Guy: Recent GAO Decision Provides Rule For When Agency Deadlines Are Unreasonably Short
November 12, 2019, Inside Government Contracts
Tight deadlines are a fact of life in the world of government contracting. Indeed, it is not unusual for the government to expect a contractor to provide large amounts of information in just a few short days. And the draconian penalty for missing such a deadline is usually the rejection of a proposal. But can...… Continue Reading The post Not So Fast Guy: ...
November 7, 2019, Inside Government Contracts
GAO released its Fiscal Year 2019 protest statistics yesterday, and there are both noticeable changes and relative constants: Protest filings are down by 16%, which means about 400 fewer protests than FY18. The reason why is anyone’s guess, but it’s likely related in large part to GAO’s new Electronic Protest Docketing System — and associated...… Continue ...
October 15, 2019, Inside Government Contracts
Federal contractors usually think of two bid protest forums: the Government Accountability Office and the U.S. Court of Federal Claims. But another protest forum often flies under the radar: the Federal Aviation Administration’s Office of Dispute Resolution for Acquisition — aka the ODRA. In a continuation of our blog post earlier this year, we take...… Continue ...
September 2019, Briefing Paper
July 18, 2019, Inside Government Contracts
The House of Representatives passed its version of the FY2020 National Defense Authorization Act (“NDAA”) last week. The headline story was the remarkably close, party-line vote: in contrast to past years, the bill received no Republican votes, and eight Democratic Members voted against it. Those partisan dynamics obscured the inclusion of two important ...
May 15, 2019, Inside Government Contracts
Federal contractors usually think of two bid protest forums: the Government Accountability Office and the Court of Federal Claims. But there is another protest forum that often flies under the radar: the Federal Aviation Administration’s Office of Dispute Resolution for Acquisition — aka the ODRA. The ODRA has exclusive jurisdiction over bid protests of FAA...… ...
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 ...
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 ...
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
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 (2014-2020)
- Law360, Government Contracts MVP (2019-2020, 2016)
- Legal 500 US, Government Contracts (2016-2017)
- Named to BTI’s “Client Service All-Stars" list by General Counsels and In-House Lawyers (2016, 2019)
- Ranked as a "Top Lawyer" by the Washingtonian (2015, 2017, 2018).