Representative Matters

  • 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.
  • 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.
  • Appeal of Kostmayer Construction, LLCvs. 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.
  • 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.
  • Successfully defended an international defense contractor from a proposed suspension and debarment involving federal projects in Kyrgyzstan, Kazakhstan and Colombia under the U.S. Department of Defense Counter-Narcoterrorism Technology Program Office (CNTPO). As a result of our representation, the government dropped its investigation and dismissed the proposed suspension and debarment.
  • 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.
  • 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.
  • 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.
  • Successfully defended a national federal construction contractor against civil False Claims Act allegations asserted by the U.S. Department of Justice (DOJ) and a proposed suspension and debarment brought by the Environmental Protection Agency (EPA). As a result of our representation, the client was able to enter a favorable administrative settlement agreement with DOJ involving an independent monitor and the EPA’s Suspension and Debarment Official dismissed the proposed suspension and debarment upon the conclusion of the hearing.