NDIA — 21st Annual Expeditionary Warfare Conference BRONZE Sponsor — Doug Hibshman, Fox Rothschild LLP

Doug Hibshman is a partner in Fox Rothschild’s District of Columbia office and focuses his practice in the Government Contracts arena, where he represents and advises contractors, subcontractors, suppliers, and other stakeholders of all sizes in navigating the complex federal contracting regulations before numerous agencies such as the Department of Defense, GSA, NASA, FAA, CMS, HHS, and other agencies.

Doug is a Lieutenant Colonel in the Marine Corps Reserve. Doug served nine years on active duty as a Judge Advocate at MCRD San Diego and Judge Advocate Division, HQMC, where he served in numerous roles including legal assistance attorney, Series Commander, prosecutor and Special Assistant United States Attorney, administrative law attorney, and Branchhead of the Judge Advocate Division Plans and Policy Branch, HQMC.  Doug has served in the Marine Corps Reserve since 2007 and is currently assigned to the Judge Advocate Operational Law Detachment, HQMC, where he provides operational law training to active duty and Reserve Marines throughout the Marine Corps.

In his civilian law practice, Doug routinely represents his clients in federal bid protests, small business size and status protests, contract claims seeking additional compensation from the government, understanding the complex provisions of the FAR and DFARS, ensuring compliance with numerous federal regulations, avoiding liability under the False Claims Act liability, conducting internal investigations, qui tam claim defenses, export control issues, avoiding Organizational Conflict of Interest and FOCI issues, understanding and applying the complex Small Business Administration rules, and representing clients in litigation related to a federal contract.  Doug has successfully represented clients in achieving positive results in numerous protests and contract claims. Doug also possesses a Top Secret Security clearance and has represented clients on classified bid protests and other sensitive disputes.

Additionally, Doug has a national and international commercial construction/infrastructure practice where he represents 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; 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; and 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.

Representative Matters

Doug has successfully represented:

  • An aeronautical engineering contractor against a classified bid protest involving allegations of OCI before the GAO.
  • A general contractor in False Claims Act qui tam action related to a large-scale, multimillion-dollar construction project for the Department of Defense.
  • A manufacturing contractor and its key employees against suspension and debarment actions initiated by the Department of Defense.
  • 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.
  • A computer services and software company against Organizational Conflict of Interest claims raised by the Department of Defense.
  • 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.
  • 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.
  • A construction prime contractor and its key employees against suspension and debarment actions initiated by the Environmental Protection Agency (EPA).
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • An international construction manager from construction defects claims related to an $85 million hospital construction project in Maryland.