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    Global Problem Solving from Covington: Deal with Complex Problems Anywhere in the World

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Mike Wagner

Partner

Washington +1 202 662 5496

  • About
  • Representative Matters
  • Credentials
  • About

    Mike Wagner represents companies and individuals in complex compliance and enforcement matters arising in the public procurement context. Combining deep regulatory expertise and extensive investigations experience, Mike helps government contractors navigate detailed procurement rules and achieve the efficient resolution of government investigations and enforcement actions.

    Mike regularly represents contractors in federal and state compliance and enforcement matters relating to a range of procurement laws and regulations. He has particular experience handling investigations and litigation brought under the civil False Claims Act, and he routinely counsels government contractors on mandatory and voluntary disclosure considerations under the FAR, DFARS, and related regulatory regimes. He also represents contractors in high-stakes suspension and debarment matters at the federal and state levels, and he has served as Co-Chair of the ABA Suspension & Debarment Committee and is principal editor of the American Bar Association’s Practitioner’s Guide to Suspension & Debarment (4th ed.) (2018).

    Mike also has extensive experience representing companies pursuing and negotiating grants, cooperative agreements, and Other Transaction Authority agreements (OTAs). In this regard, he has particular familiarity with the semiconductor and clean energy industries, and he has devoted substantial time in recent years to advising clients on strategic considerations for pursuing opportunities under the CHIPS Act, Inflation Reduction Act, and Bipartisan Infrastructure Law.

    In his counseling practice, Mike regularly advises government contractors and suppliers on best practices for managing the rapidly-evolving array of cybersecurity and supply chain security rules and requirements. In particular, he helps companies assess and navigate domestic preference and country-of-origin requirements under the Buy American Act (BAA), Trade Agreements Act (TAA), Berry Amendment, and DOD Specialty Metals regulation. He also assists clients in managing product and information security considerations related to overseas manufacture and development of Information and Communication Technologies & Services (ICTS).

    Mike serves on Covington’s Hiring Committee and is Co-Chair of the firm’s Summer Associate Program. He is a frequent writer and speaker on issues relating to procurement fraud and contractor responsibility, and he has served as an adjunct professor at the George Washington University Law School.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters

    Investigations and Defense

    • Representing leading aerospace and defense manufacturer in parallel federal civil and criminal investigation concerning alleged noncompliance with DOD Specialty Metals country-of-origin sourcing restrictions.
    • Defended services contractor in False Claims Act investigation conducted by DOJ Civil Fraud Section concerning alleged overbillings. Negotiated expedited resolution of all allegations for fraction of government demand.
    • Conducted internal investigation regarding contractor compliance with GSA Federal Supply Schedule pricing regulations. Led presentation to government investigators and guided client through disclosure and remediation process.
    • Represented leading aerospace and defense company in federal criminal investigation concerning alleged noncompliance with Buy American Act (BAA) and DoD Specialty Metals regulations. Navigated response to grand jury subpoena and secured complete DOJ declination.  
    • Defended pharmaceutical manufacturer in False Claims Act investigation involving alleged violations of the Trade Agreements Act (TAA).Secured DOJ declination following government investigation and achieved subsequent dismissal of non-intervened qui tam case from federal court.
    • Led internal investigation into series of hotline reports at Department of Energy services contractor involving alleged false billing practices, misuse of government property, and reprisal. Guided client through all phases of investigation, disclosure, and remediation processes while avoiding disruption to existing contracts and pipeline opportunities.  

    Suspension and Debarment

    • Represented Hawaii-based defense contractor in successfully avoiding U.S. Navy suspension or debarment following indictment of CEO and majority owner.
    • Represented Texas-based construction contractor in successfully terminating proposed debarment issued by U.S. Immigration and Customs Enforcement (ICE).  
    • Represented Maryland construction contractor in successfully challenging parallel federal and state proposed debarments, resulting in termination of both debarment actions.  
    • Represented global communications manufacturer, in securing an emergency waiver of debarment restriction to prevent business interruption and negotiating the debarment’s termination, effective immediately.
    • Represented tech executive in federal lawsuit successfully challenging debarment under the Administrative Procedure Act, resulting in grant of summary judgment and termination of unlawful debarment.

    Government Contracts Disputes and Counseling

    • Litigated and won ASBCA appeal of Contracting Officer’s final decision, securing victory pre-discovery via early motion for judgment on the pleadings. Appeal of Club Car, Inc., ASBCA No. 61710, 2019 WL 7599743.
    • Assisted several leading software and technology firms in managing and enhancing supply chain security compliance, particularly with respect to Trade Agreements Act requirements, software security, and other ICTS supply chain restrictions.
    • Counseled multiple contractors on a range of strategic and risk-mitigation considerations related to the negotiation of teaming agreements, formation of subcontracts, and resolution of prime-sub performance disputes.
    • Guided large technology reseller through revision of pricing practices under GSA schedule contract, including overhauling its CSP-1 disclosure and persuading GSA to authorize alternative pricing model.
    • Represented several contractors and grant recipients in challenging cost disallowances and negotiations resolutions to performance and cost disputes at both the agency and Board of Contracts Appeal level.

    Areas of Expertise

  • Credentials
    Education
    • The George Washington University Law School, J.D.
        • summa cum laude
        • 2010 Scribes Law Review Writing Award
    • Villanova University, A.B.
        • summa cum laude 
        • Phi Beta Kappa
    Bar Admissions
    • District of Columbia
    • Maryland
    Judicial Clerkship
    • Hon. Maryanne Trump Barry, U.S. Court of Appeals, Third Circuit
    • Hon. J. Frederick Motz, U.S. District Court, District of Maryland
    Pro Bono
    • Representing Kenya-based contractor and recipient in complex cost dispute with USAID arising from performance of logistics contracts in East Africa.
    • Represented Army veteran in successful appeal from denial-of-benefits decision before the Board of Veterans Appeals.

    Areas of Expertise

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