Walsh Construction Company II, LLC, GAO B-423075.2. Represented StructSure Projects, a national construction management firm, as an intervenor in a bid protest before the Government Accountability Office, successfully arguing in support of the Navy’s removal of a Project Labor Agreement requirement relating to the repair and renewal of a major naval hospital that is part of a Multiple Award Task Order Contract (MATOC).
Successfully assisted a federal contractor in pursuing over $10 million in requests for equitable adjustment arising out of an Enterprise Services contract with the U.S. Department of Commerce to perform technology support for human resources-related matters for the Department and its subagencies including the U.S. Census Bureau, the National Oceanic and Atmospheric Administration (NOAA), the Bureau of Industry and Security (BIS), the Economic Development Administration (EDA), and the International Trade Administration (ITA).
U.S. Department of Energy (DOE), Savannah River Site Salt Waste Processing Facility (SWPF) Litigation — Provided litigation support, including legal advice and analysis as well as management of e-discovery for DOE in multiple appeals pending before the Civilian Board of Contract Appeals. Successfully assisted the DOE negotiate a favorable and greatly reduced settlement of $40 million in claims related to the design, build and operation of the SWPF, a weapons-grade, liquid nuclear waste treatment facility. Selected by DOE as seasoned federal government contracts litigators with extensive experience with nuclear and nuclear-related construction disputes, Fox is able to conduct efficient, cost-effective litigation support to bolster DOE’s legal positions and protect public funds.
Protest of Jacobs Technology, Inc., GAO Case No. B-420016, B-420016.2. Successful intervention in, and defeat of, a Government Accountability Office (GAO) bid protest filed by Jacobs Technology, Inc. challenging the award of a $250 million contract award to Sierra Lobo, Inc. for testing and operations support for NASA at the Johnson Space Center’s White Sands Test Facility in New Mexico.
Represented international engineering and program management firm in a massive internal investigation of allegations contained in a national newspaper critical of the firm’s role as program manager on the California High-Speed Rail Program, a highly visible and politically charged transportation and infrastructure project. It is the largest such project in the United States.
National Nuclear Security Administration (NNSA). Represented the NNSA, a semi-autonomous agency within the U.S. Department of Energy, providing litigation support and legal analysis for numerous cases in the U.S. Court of Federal Claims. Fox Rothschild was awarded a five-year, $12 million indefinite delivery/indefinite quantity (IDIQ) contract based on our extensive knowledge of federal contract disputes, marking the first time the NNSA has ever retained outside federal litigation counsel. In a complex construction dispute requiring creative leveraging of the dispute resolution process, our team supported the agency’s defense of over $350 million in claims asserted by a design, build, operate, and maintain contractor against the government and the development and prosecution of over $500 million in affirmative counterclaims against the contractor for defective design, construction, and cost control. Fox assisted NNSA in resolving all issues in mediation, resulting in Fox receiving exceptional Contractor Performance Assessment Reporting System (CPARS) performance evaluations.
Appeal of Piedmont Independence Square, LLC vs. General Services Administration, CBCA No. 5605.
Successful trial on behalf of a Real Estate Investment Trust (REIT) against the General Services Administration on the renovation of the NASA Headquarters at Two Independence Square in Washington, DC and recovery of millions of dollars in cost overruns caused by GSA and NASA directed changes.
Protest of Coffman Engineers, Inc., GAO Case No. B-416724; B-416724.2.
Successful intervention in and defeat of a Government Accountability Office (GAO) bid protest challenging the presumptive awardee, Burns & McDonnell Engineering Co. Inc.’s award of a $20 million Indefinite Duration/Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) for Architect/Engineering services for the U.S. Naval Facilities Engineer Command Pacific (NAVFAC Pacific).
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 ofColumbia Construction Companyvs. 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, 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.
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 represented Fortune 300 company in the arbitration of a $17 million construction dispute arising out of the $100 million-plus building renovation. A subcontractor (as well as one of its subcontractors) claimed damages arising out of alleged delays and lost productivity. After written discovery, but before incurring the substantial costs of experts and depositions, Fox was able to negotiate a global settlement on terms that were amenable to all parties.
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.
