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Mr. Sherwood helps clients solve problems arising from government contracts. He advises government contractors on a wide range of matters, such as compliance with procurement regulations, contract formation, and government investigations. Mr. Sherwood also represents clients in bringing and defending bid protests, including challenges to the terms of competitions. In addition, Mr. Sherwood counsels clients on risk mitigation strategies, including the process of obtaining SAFETY Act protection from the U.S. Department of Homeland Security.
- Successfully protested award of multiple civilian IDIQ contracts.
- Advised contractor on responding to a solicitation for therapeutics issued by the Department of Health and Human Services.
- Counseled life sciences contractor on drafting government subcontracts.
- Successfully defended protest challenging award of a Navy task order.
- Represented client during agency inquiry regarding organizational conflict of interest, resulting in favorable outcome.
- Successfully protested terms of an Interior Department solicitation for facility services contract.
- Counseled large contractor during small business qui tam investigation arising from a teaming arrangement.
November 5, 2018, Inside Government Contracts
The Department of Defense (“DoD”) has proposed a new rule limiting the use of “brand name or equal” contract competitions, calling on contracting officers to publicly justify their need for a brand name-type product before issuing a solicitation. The rule would implement Section 888(a) of the National Defense Authorization Act of 2017, which directed the...… ...
November 2, 2018, Inside Government Contracts
In three related bid protest decisions made public last week, the Government Accountability Office (“GAO”) reaffirmed the principle that agencies must meaningfully consider price when making best value tradeoff decisions. GAO sustained the protests, stressing that merely paying lip service to price while selecting a more expensive, higher-rated offeror is not ...
October 8, 2018, Inside Government Contracts
With the General Services Administration’s (“GSA”) recent issuance of a prospectus in connection with its announced plan to acquire new office space for the Securities and Exchange Commission (“SEC”) in lower Manhattan, now is a good time for a quick refresher about the congressional lease approval process under 40 U.S.C. § 3307, which potentially gives rise...… ...
August 10, 2018, Inside Government Contracts
Last year, we wrote about a trial court’s decision to dismiss a False Claims Act (“FCA”) complaint regarding alleged Trade Agreements Act (“TAA”) non-compliances because the relator failed to plead fraud with “particularity” under Rule 9(b). That decision offered a sweeping rebuke of speculative FCA claims, and emphasized why it can be difficult to present...… ...
July 2, 2018, Inside Government Contracts
Due to the government’s increased focus on domestic preference requirements – for example, through President Trump’s formal policy and action plan for agencies to “scrupulously monitor, enforce, and comply” with the so-called “Buy American Laws,” and Congress’s proposed legislation to make certain Buy American requirements more robust – contractors should not be ...
June 20, 2018, The Government Contractor
May 10, 2018, Inside Government Contracts
Non-incumbent awardees who are defending their awards against a bid protest often view sole-source “bridge” contracts issued to the incumbent as something akin to death and taxes — an unpleasant, yet seemingly inescapable fact of life. But a recent Court of Federal Claims decision offers an important reminder that these types of contracts are not...… Continue ...
May 7, 2018, Inside Government Contracts
For contractors who are concerned that filing a bid protest in the Government Accountability Office or Court of Federal Claims may alienate their customer, agency-level protests are a welcome, less-confrontational alternative that allows them to raise their concerns in a discreet, non-public fashion. But as shown by GAO’s recent decision in GovSmart, Inc. – ...
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 30, 2018, Inside Government Contracts
Contractors that must comply with the government’s domestic preference laws should take note of United States ex rel. Folliard v. Comstor Corp., __ F. Supp. 3d __, 2018 WL 1567620 (D.D.C. 2018) — a recent decision dismissing a country-of-origin fraud lawsuit initiated by serial relator Brady Folliard. In Comstor, the relator alleged that two contractors...… ...
If Shulkin Didn’t Resign, Who Runs the VA Until a New Secretary Is Confirmed? A Vacancies Act Puzzle
April 3, 2018, Inside Government Contracts
Recent news reports have raised a substantial question about who has authority to run the Department of Veterans Affairs (“VA”) in the wake of Dr. David Shulkin’s departure from the agency. According to the White House, Dr. Shulkin resigned. Meanwhile, Dr. Shulkin himself has publicly insisted that he did not resign and was instead fired....… Continue ...
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