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Mr. Sherwood advises government contractors on a wide range of matters, including claims and disputes, government investigations, suspension and debarment, bid protests, and regulatory counseling. In addition, Mr. Sherwood counsels clients on risk mitigation strategies, including the process of obtaining SAFETY Act protection.
Claims and Disputes
- Assisted contractor to obtain a zero-dollar resolution for warranty and product defect claims involving a large U.S. Navy procurement.
- Represented large defense contractor in seeking costs disallowed under a development contract.
- Prevailed in obtaining relief for an employee’s breach of a non-compete agreement.
- Defended and counseled contractors regarding supply chain disputes and subcontractor requests for equitable adjustment.
Government Investigations
- Conducted internal investigations for large defense contractors and non-profit grantees, evaluating allegations of misconduct relating to fraud, conflicts of interest, costs, and small business rules, among other issues.
- Defended large defense contractor in matter involving criminal and civil fraud allegations.
Suspension and Debarment
- Defended large and small businesses against suspension and debarment proceedings.
- Advised contractor on responding to suspension imposed during a competitive procurement.
Bid Protests
- Brought and defended bid protests at the Court of Federal Claims and Government Accountability Office regarding a wide range of issues, including cost and pricing evaluations; conflicts of interest; proposal non-compliance; rights in technical data; and procurement integrity.
Regulatory Counseling
- Counseled contractors on rights in intellectual property relating to government contracts and non-procurement funding agreements, including compliance with the Bayh-Dole Act; DFARS technical data rights; and trade secret issues.
- Advised contractors on cost allowability issues, commercial contracting rules, and proposal certifications.
Risk Mitigation
- Advised large sports stadiums on obtaining SAFETY Act coverage.
- Advised defense contractor on Public Law 85-804.
June 30, 2020, Inside Government Contracts
On Friday, the General Services Administration (“GSA”) announced that it had awarded three contracts to develop online shopping portals for commercially-available off-the-shelf (“COTS”) items. The awardees are Amazon Business, Fisher Scientific, and Overstock.com. GSA’s awards were made to implement Section 846 of the NDAA for FY 2018, which required the agency ...
June 16, 2020, Inside Government Contracts
Late last year, a spokesman for the Department of Defense announced without fanfare that the agency would increase audits of certified cost or pricing data under the Truth in Negotiations Act (“TINA”). While the full effect of that enhanced focus on TINA compliance remains to be seen, a recent decision by the Armed Services Board...… Continue Reading The post ...
March 17, 2020, Inside Government Contracts
As the fallout from COVID-19 continues, federal contractors in every industry are seeing significant impacts on their ability to perform, ranging from scheduling delays to supply chain interruptions and increased costs of performance. We previously addressed the rules and regulations governing excusable delays, which permit a contractor to avoid default if a ...
March 6, 2020, Inside Government Contracts
The global spread of the COVID-19 virus may put many federal contractors at risk of missing contractual deadlines. In a growing number of cases, supply chains may become cut off, work spaces may be closed, or employees may need to stay home, all of which could impact a contractor’s ability to perform in a timely...… Continue Reading The post “Excuse Me, My ...
December 2019, Government Contracting Law Report
November 6, 2019, Inside Government Contracts
The government has released its long-awaited annual report on federal suspension and debarment activities, and the data reflect a number of trends and developments that should be of keen interest to federal contractors and grantees. The report, which is published by the Interagency Suspension and Debarment Committee (“ISDC”), shows that suspension and debarment ...
GSA’s E-Commerce Portal Program Is Here: What the New Solicitation Means for Government Contractors
October 4, 2019, Inside Government Contracts
After nearly two years of planning, GSA has released an RFP seeking prototypes of online shopping portals that would allow federal customers to buy COTS items from their computers. GSA’s plan implements Section 846 of the NDAA for FY 2018, which instructed the agency to create an internet marketplace exempt from many standard procurement regulations. ...… ...
October 3, 2019, Inside Government Contracts
The False Claims Act has long protected relators from retaliation for preparing a qui tam complaint. But what if an employee “blows the whistle” on a garden-variety problem — for instance, a laboratory that she believes is falling short of standards in a federal funding agreement? In a split decision, a panel of the D.C....… Continue Reading The post Blowing ...
August 21, 2019, Inside Government Contracts
On the eve of deciding an $82 billion dollar protest dispute, GAO dismissed a string of protests without reaching the merits because another contractor filed a protest of the same procurement at the Court of Federal Claims. AECOM Management Services, Inc., B-417506.2 et al., Aug. 7, 2019. GAO did so under its long-standing rule that...… Continue Reading The ...
May 13, 2019, Inside Government Contracts
In the latest step towards delivering on the long-promised “Procurement Through Commercial e-Commerce Portals” program, the General Services Administration has announced plans to build a proof-of-concept for federal online shopping, aiming to issue an RFP by the end of the year for web-based acquisition platforms. According to GSA’s notice, the platforms will be ...
April 30, 2019, Inside Government Contracts
As the old adage goes, you can’t unring a bell. But GAO recently concluded that it was rational of an agency to do just that when taking corrective action in a bid protest. In Quotient, Inc., B-416473.4, Mar. 12, 2019, 2019 CPD ¶ 106, the Department of Education (“ED”) established a competitive range and then...… Continue Reading The post Turns Out You Really ...
June 20, 2018, The Government Contractor
Court of Federal Claims: Offeror on a GSA Lease Lacks Standing to Raise Appropriations Issues
October 2017, Pratt's Government Contracting Law Report
July 2017, Pratt's Government Contracting Law Report