Doug is a partner in the firm’s Federal Government Contracts and Procurement, Construction and Infrastructure Practice Groups. He has an international federal government contracts and commercial construction/infrastructure litigation practice with a focus on prosecuting and defending complex claims.
Doug routinely represents federal service providers, construction contractors, subcontractors, suppliers, manufacturers, architects and engineers, project owners and specialty trade contractors in prosecuting and defending claims before various federal and state courts, boards of contract appeals, federal procuring agencies and in alternative dispute resolution forums (commercial arbitrations, mediations and negotiations).
Doug manages and litigates all manner of disputes, including:
- Federal, state and local bid protests
- Contract claims and requests for equitable adjustments
- SBA size protests and size appeals
- Disputes between contractors, suppliers, architects and engineers, project owners and sureties
- False Claims Act claims (qui tam suits) and related fraud claims
- Other disputes involving federal government contracting and commercial construction/infrastructure matters
Doug has a Top Secret security clearance and represents clients in classified bid protests, contract claims and related contract disputes.
Federal Government Contracts
Doug routinely represents clients in connection with bid protests before the Government Accountability Office (GAO) and the U.S. Court of Federal Claims. He also regularly:
- Defends against allegations of Organizational Conflicts of Interest (OCI)
- Defends against False Claims Act and other fraud allegations
- Challenges terminations for default and negotiating termination for convenience settlement package
- Challenges entity and individual suspensions and debarments; challenging agency past performance evaluation
- Pursues contract claims and equitable adjustments before various agencies, such as the U.S. Army Corps of Engineers (USACE), General Services Administration (GSA), Naval Facilities Engineering Command (NAVFAC), Naval Air Systems Command (NavAir), Defense Logistics Agency (DLA), Environmental Protection Agency (EPA), Air Force Center for Engineering and the Environment (AFCEE), National Aeronautics and Space Administration (NASA), Veterans Administration (VA) and other federal and quasi-federal agencies
- Litigates disputes between parties involved in federal contracts
Additionally, Doug assists federal contractor clients with:
- Understanding the complex federal procurement process
- Navigating the GSA Supply Schedule process
- Advising clients on the Small Business Administration (SBA) regulations
- Managing False Claims Act and fraud investigations
- Preparing reports on potential procurement violations to disclose to federal procuring agencies
- Managing suspension and debarment proceedings and negotiations
- Providing federal ethics and compliance training
- Establishing internal compliance programs and anti-fraud control systems
- Managing OCI
- Preparing and managing export compliance/ITAR license requests
- Drafting subcontracts, supply contracts, purchase orders, teaming agreements, joint venture agreements and other contract documents
- Advising clients on federal procurement rules and processes, such as the Buy American Act/Buy America Act, Davis-Bacon/Service Contract Act, DCAA audits, Cost Accounting Standards (CAS) and other federal laws and regulations
Construction and Infrastructure
Doug’s national and international commercial construction/infrastructure practice involves representing general contractors, subcontractors, suppliers, architect and engineering firms, project owners and specialty trade contractors in various construction project-related disputes, which routinely include claims related to, among other things:
- Breaches of the contract documents
- Changes to contract terms and the scope of work, which lead to extra costs
- Delays, acceleration and lost productivity
- Differing site conditions
- Mechanic’s and material liens
- Defective work and defective specifications
- Damage to work
- Breach of design/engineering standards of care
- Contract/subcontract terminations
- Project close-out and punchlist disputes
- Indemnification, contribution and subrogation
- Surety bond claims and disputes
Doug represents clients on all manner of construction projects, both new construction and renovation projects, which routinely include: large-scale industrial and commercial projects; hospitals and health clinics; large-scale earthwork and site work projects; universities; museums; utility and power plants; parking structures; heavy highway, bridge, airport and transportation projects; levee wall, dam and marina projects; water treatment plants; breweries; restaurants and retail projects; mixed-use retail/residential projects and chemical facilities.
Before Fox Rothschild
From 2008 to 2011, prior to joining Fox Rothschild, Doug was a senior associate with the Atlanta-based, construction and government contracts litigation firm, Smith, Currie & Hancock LLP in the firm’s Washington, DC office.
From 2007 to 2008, Doug served as law clerk for the Honorable Mary Ellen Coster Williams of the U.S. Court of Federal Claims, Washington, DC, where he focused on federal bid protests, contract claims and tax cases.
From 1999 to 2007, Doug served nine years as an active duty Judge Advocate (military attorney) in the United States Marine Corps, where he held numerous roles including legal assistance attorney, unit commander, military prosecutor and Special Assistant United States Attorney (SAUSA). He also served as an administrative law attorney, providing legal advice to senior officers and executives regarding various legal issues affecting the Marine Corps, and as head of the judge advocate policy and plans branch at the headquarters of the Marine Corps located at the Pentagon, where he served as the principal legal advisor to the Staff Judge Advocate to the Commandant of the Marine Corps on matters involving future planning and doctrine development, personnel structure and policy, and fiscal and financial matters.
Beyond Fox Rothschild
Doug continues to serve as a member of the Marine Corps Reserve and is currently assigned as a judge advocate at the International and Operational Law Branch of Judge Advocate Division, Headquarters Marine Corps, where he provides advice, guidance and training on operational law issues affecting the Marine Corps, such as rules of engagement, targeting, detainee operations, domestic operational law, war crimes, the Geneva Conventions and other international agreements. His current rank is Lieutenant Colonel and he possesses a Top Secret security clearance.
Doug is a member of the Community Lodgings Board of Directors, in Alexandria, Virginia, which owns and maintains 50 housing units throughout Alexandria set aside for low income families and manages after-school programs throughout the city for at-risk youth to provide free tutoring and development opportunities.
Doug lives with his wife and three children in Alexandria, Virginia, where he is active in the Alexandria Junior Titans Wrestling Club, Boy Scouts of America and various other youth sports and clubs.
- Successfully defended an aeronautical engineering contractor against a classified bid protest involving allegations of OCI before the GAO.
- Successfully represented a general contractor in False Claims Act qui tam action related to a large-scale, multimillion-dollar construction project for the Department of Defense.
- Successfully defended a manufacturing contractor and its key employees against suspension and debarment actions initiated by the Department of Defense.
- Successfully represented an ENR Top 20 federal construction contractor with pursuing multimillion-dollar delay and extra cost claims related to a $1 billion hurricane mitigation and levee wall project in New Orleans, Louisiana.
- Successfully defended a computer services and software company against OCI claims raised by the Department of Defense.
- Successfully represented a solid waste disposal contractor with pursuing and defending against multiple SBA size protests and GAO bid protests related to numerous solicitations for federal services.
- Successfully represented a construction subcontractor in pursuing multimillion-dollar extra cost claims against a prime contractor related to multiple hospital construction projects managed by the Veterans Administration.
- Successfully defended a construction prime contractor and its key employees against suspension and debarment actions initiated by the Environmental Protection Agency (EPA).
- Successfully represented an unexploded ordnance removal subcontractor in pursuing multimillion-dollar extra cost and delay claims against the Department of Defense related to the clearing and mitigation of numerous mine fields and artillery ranges.
- Successfully represented a commercial general contractor on more than 100 retail, office space, mixed use and restaurant projects throughout the country in obtaining payment for extra cost and delay claims from multiple commercial owners.
- Successfully represented a prime contractor in pursuing extra cost and delay claims related to a multimillion-dollar border fence project for the Department of Defense/Department of Homeland Security.
- Successfully represented a federal prime contractor in overturning a default termination and converting it to a termination for convenience in relation to a multimillion-dollar levee wall project in New Orleans, Louisiana.
- Successfully represented a prime contractor in pursuing extra cost and delay claims related to a multimillion-dollar dam project for the Department of Defense in Puerto Rico.
- Successfully defended a federal prime contractor in mediation against extra costs and delay claims brought by its subcontractor on a multimillion-dollar boiler plant design and construction project managed by the U.S. Army Corps of Engineers.
- Successfully defended an international construction manager from construction defects claims related to an $85 million hospital construction project in Maryland.
Federal Government Contracts & Procurement Blog
Doug contributes to the Federal Government Contracts & Procurement blog, addressing current and future issues affecting federal contractors and procurement professionals in both the Washington, DC, area and throughout the United States.
Practical Advice (pdf files)
Honors & Awards
- Included in a list of "Super Lawyers" by DC Super Lawyers (2016)