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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.
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 ...
March 20, 2018, Inside Government Contracts
Following instructions from Congress to create a new online shopping system leveraging existing commercial practices, the General Services Administration (“GSA”), in coordination with the Office of Management and Budget (“OMB”), has released an implementation plan (“Plan”) to begin e-commerce purchases by 2019. As discussed in a previous blog post, GSA’s Plan ...
February 27, 2018, Inside Government Contracts
Few issues have bedeviled the GSA Schedules program as much as the provision of incidental supplies and services under Schedule orders. For years, it has been unclear how such supplies and services are to be purchased and priced, since they are not themselves on Schedule. But now, with GSA’s new Order-Level Materials (“OLM”) rule, GSA...… Continue Reading The ...
January 30, 2018, Inside Government Contracts
Federal contractors may be subject to a slate of new regulations in 2018, including rules that increase cyber reporting burdens, expand small business competition, and change the procedures for competitively awarding IDIQ contracts. Among the proposed rules, announced in the Semiannual Regulatory Agenda of the FAR Council and the General Services Administration ...
January 11, 2018, Inside Government Contracts
As part of ongoing efforts to create an online marketplace for government purchasers, GSA officials held a public meeting yesterday to discuss potential market structures and legal requirements. A wide range of stakeholders attended the hearing, responding to questions from GSA on issues such as how many online portals should be implemented, who should have...… ...
December 14, 2017, Inside Government Contracts
In an effort to create a new online market for government contracts, the General Services Administration (“GSA”) has invited industry to comment on the development and design of e-commerce portals for commercial procurements. GSA’s request for comments will be published tomorrow, December 15, 2017. This comment period provides a valuable opportunity for ...
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