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Mr. Sherwood advises government contractors on a wide range of matters, including 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.
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.
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 ...
Surviving the Shutdown: Seven Things Contractors Should Consider If a Cost Overrun Is on the Horizon
January 23, 2019, Inside Government Contracts
The U.S. Government shutdown is now the longest in U.S. history and is starting to have serious implications for Government contractors. One of many key concerns arises when contractors approach their contract funding ceiling — can they continue to work, and what happens if there is a cost overrun?[1] The answers are often complicated for both...… Continue ...
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 ...
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