Reggie is a Litigation Partner and the Chair of the firm’s Federal Government Contracts and Procurement Practice Group based in Washington, DC. He has a well-established federal litigation and compliance practice with a focus on complex claims prosecution and defense, litigation, and alternative dispute resolution. Reggie’s clients include national and international corporations, including defense contractors and suppliers, design and engineering firms, construction managers, and large specialty trade contractors.
Reggie litigates bid protests, claims and disputes before the Government Accountability Office (GAO), the various Boards of Contract Appeals, and the U.S. Court of Federal Claims. He represents clients in connection with claims and performance disputes, including terminations, past performance evaluation challenges, DCAA/DCMA audits and investigations, Organizational Conflicts of Interest (OCI), Rights in Data challenges, and suspension and debarment proceedings. Reggie regularly works to resolve complex and sensitive matters with the counsel with the Department of Justice (DoJ), the Department of Defense (DoD), the U.S. Army Corps of Engineers (USACE), the Naval Facilities Engineering Command (NAVFAC), the General Services Administration (GSA), the Small Business Administration (SBA), and the Environmental Protection Agency (EPA).
Reggie advises clients on transactional, project administration issues including contract and subcontract negotiations, teaming arrangements and strategic alliances, and contract novations due to changes in corporate structure. Reggie assists clients develop, implement, maintain, and improve their federal business ethics and compliance programs. He works with clients to help them comply with requirements such as Federal Small Business Subcontracting Plans, the SBA’s 8(a) mentor-protégé program, the Buy American Act (BAA), the International Trafficking in Arms (ITAR) and export control issues, as well as the Contract Cost Principles and Procedures under FAR Part 31 and the Truth in Negotiations Act (TINA). Reggie has conducted numerous internal investigations, assisted with voluntary disclosures, and defended numerous civil False Claims Act cases, including those brought by private relators (Qui Tam) and the various Offices of Inspector General (OIG).
In the area of commercial and federal construction, Reggie assists clients with claims prosecution and defense before federal and state courts, boards of contract appeals, and in commercial arbitration and mediation. Representative claims include constructive changes, delay, acceleration, and lost labor productivity claims, differing site conditions, defective specification claims, as well as defense of design and construction management professionals against professional negligence and breach of contract claims. Representative projects include mixed-use retail/residential, hotels, convention centers, hospitals, parking structures, universities, museums, power plants, petrochemical facilities, water filtration and water treatment plants, as well as bridge and highway projects.
Before Fox Rothschild
Prior to joining Fox, Reggie was a partner with the Atlanta-based, federal government contracts and construction litigation firm, Smith, Currie & Hancock LLP. He also served as a Captain in the U.S. Army (3/77 Armor Battalion, 3rd Brigade, 1st Armor Division and the 28th Transportation Battalion) from 1991 to 1996, serving four of those years in Germany, Hungary, Croatia and Bosnia-Herzegovina. While in law school, Reggie was a member of University of Georgia Law Review.
Beyond Fox Rothschild
Reggie has also served as Co-Chair of the Construction Division of the American Bar Association's Section of Public Contract Law and as the Co-Editor of the Government Contracts Newsletter for the ABA Forum on the Construction Industry. He has authored numerous articles on government contract issues that have been published in the National Associated Builder and Contractors’ Construction Executive magazine, The Procurement Lawyer, the American Bar Association’s Public Contract Law Journal and the ABA Forum on the Construction Industry’s The Construction Lawyer. Reggie currently serves on the Board of Directors for the Virginia Chapter of the Associated Builders and Contractors (ABC Virginia Chapter) and the Board of Governors of the Washington Building Congress (WBC).
Reggie has served on the board of directors of two abused women’s shelters—the International Women’s House in the Atlanta metropolitan community, where he served as the Chair of the Board of Directors in 2008 and 2009, and the Loudoun Abused Women’s Shelter (LAWS) in Virginia where Reggie served as the Treasurer of the Board of Directors from 2010 through 2016. Reggie is also active in U.S. Masters Swimming and his local chapter of the Izaak Walton League of America, a national conservation organization dedicated to conserving, restoring and promoting the sustainable use and enjoyment of America’s natural resources.
- Appeal of 1201 Eye Street, N.W. Associates, LLC vs. General Services Administration, CBCA No. 5150. Successful award of more than $2 million in operating cost escalations for a Real Estate Investment Trust (REIT) against the General Services Administration on the National Park Service Headquarters in Washington, DC where GSA unsuccessfully argued that ten years of accumulated operating costs did not carry over to a five year lease extension.
- Protest of Engineering Design Technologies, Inc., GAO Case No. B-410363. Successful prosecution of a Government Accountability Office (GAO) bid protest involving the agency’s source selection committee’s failure to follow the solicitation’s best value criteria on an Indefinite Duration/Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) for environmental remediation services, including military munitions responses. As a result of the protest, the client gained the opportunity to compete for contracts in excess of $500 million.
- Protest of Zapata Incorporated, GAO Case No. B-407933. Successful prosecution of a GAO bid protest involving a client’s wrongful exclusion from the competitive range of an IDIQ MATOC for environmental remediation services based on the agency’s failure to correctly apply solicitation criteria and consider all elements of the proposal. As a result of the protest, the client was awarded a place in the $250 million MATOC pool and recovered its protest costs from the agency.
- Conducted internal investigation on behalf of federal contractor concerning potential size certification fraud by multiple subcontractors. Responsible for determining scope of review, negotiating with U.S. Attorney General, interviewing witnesses, analyzing risks implicit in recently revised regulations, and presenting findings. Obtained successful result of government declining to pursue civil or criminal charges against client under the Civil or Criminal False Claims Act.
- Assisted federal contractor in bringing FAR 52.203-13 disclosure of potential violations by a subcontractor concerning improper Davis-Bacon wage rates.
- Appeal of Columbia Construction Company vs. General Services Administration, CBCA No. 3258. Successful award for a lost productivity claim against the General Services Administration on the IRS Service Center renovation project in Andover, Massachusetts.
- Successfully defended a large national construction program management firm against an owner’s claims of professional negligence and breach of contract on a private healthcare facility in Baltimore, Maryland.
- Successfully defended a large, national professional engineering firm against multiple, multimillion-dollar professional negligence and breach of contract claims in South Carolina, Georgia and Florida.
- Asserted, negotiated and settled a $30 million cumulative impact claim on behalf of one of the nation’s largest engineer-procure-construct contractors against a private owner on a petrochemical facility in Kansas.
- Successfully represented a joint venture against the operations and maintenance contractor and the U.S. Department of Energy in a multimillion-dollar lost labor productivity claim on the Oak Ridge National Laboratory in Oak Ridge, Tennessee.
- Tried two multimillion-dollar lost productivity claims on behalf of large mechanical and electrical subcontractors against a construction manager at risk on a convention center expansion project in Georgia. There were more than 120 days of hearings on this matter.
- Successfully represented a mechanical subcontractor and electrical subcontractor in obtaining a multimillion-dollar recovery for lost labor productivity from a construction manager at risk on a large convention center project in Georgia.
- Appeal of Kostmayer Construction, LLC vs. United States Army Corps of Engineers, ASBCA No. 55053, 08-2 BCA ¶ 33869. Successful challenge to the U.S. Army Corps of Engineers’ decision to default terminate a construction contract on a levee project in New Orleans, Louisiana and subsequent award of more than $4 million and attorneys’ fees.
- Application of Equal Access to Justice Act of Kostmayer Construction, LLC, ASBCA No. 55053, 09-2 BCA ¶ 34,302 (Successful award of attorneys fee from the U.S. Army Corps of Engineers).
- Arbitrated to award a multimillion-dollar lost productivity claim on behalf of a large electrical subcontractor on a modern museum project in Ohio.
Federal Government Contracts & Procurement Blog
Reggie contributes to the Federal Government Contracts & Procurement blog, addressing current and future issues affecting federal contractors and procurement professionals in both the Washington, D.C., area and throughout the United States.
Honors & Awards
- AV Rated in Martindale-Hubbell
- Included in a list of "Super Lawyers" by DC Super Lawyers (2012-2016)
- Included in a list of “Super Lawyers” by Georgia Super Lawyers (2010, 2011)
- Included in a list of “Rising Stars” by Georgia Super Lawyers (2005, 2009)
- Named as an “Up-and-Coming Individual” in construction law in Georgia by Chambers USA (2006, 2007)
- Recipient, Special Recognition Award for Outstanding Legal Services, International Women's House (a women's shelter) (2005)
- Recipient, Meritorious Service Medal, United States Army (1996)
- Omicron Delta Kappa (1990 to present)