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Rogers Joseph O’Donnell is highly respected as one of the leading government contracts law firms in the country. For several years the firm has been recognized by Chambers USA as being one of the top government contracts law firms in the nation. Leading legal ranking guides such as Chambers, The Legal 500 and Who’s Who Legal have singled out many of our lawyers as among the nation’s best government contracts practitioners. Our government contracts attorneys handle all aspects of government contracting at the federal, state and local levels throughout the country.
We handle matters within the full scope of Federal, State and Local public contracts law. This includes, among other things: Federal, State and Local bid protests; claims and performance disputes; prime-sub disputes; terminations for default or convenience; regulatory compliance advice and counseling; internal investigations; mandatory disclosures; False Claims Act issues, Organizational Conflicts of Interest, Procurement Integrity and ethics issues; suspension and debarment; rights in data, intellectual property and software licensing; cost issues including Cost Accounting Standards and allowability; cyber and supply chain security; GSA Federal Supply Schedule and Multiple Award Schedule Contracts; labor and employment issues; International Aerospace Transactions; grants, cooperative agreements and other non-procurement instruments; Other Transactional Authority procurements; Offsets and FCPA Compliance and litigation; ITAR/EAR regulations; SBIR/STTR Program issues; and negotiation of Prime and Subcontracts, Teaming, JV, and Mentor-Protégé Agreements.
Among these areas, our Firm has had many numerous noteworthy successes. Highlights of selected areas are discussed in further detail below.
Rogers Joseph O’Donnell (RJO) is recognized as one of the preeminent firms in the area of bid protests. We represent clients in the full scope of federal, state, and local bid protests at all levels, including agency protests and protests to the Government Accountability Office (GAO) and the Court of Federal Claims (COFC). We also represent clients in appeals to the Court of Appeals for the Federal Circuit and in other protest-related matters, such as size protests to the Small Business Administration (SBA) and size appeals to SBA’s Office of Hearings and Appeals (OHA). Our track record is dominated by successful outcomes with a long list of multi-billion dollar protests in recent years, including two $10 Billion protest matters for Microsoft during the past two years. That clients trust us with matters of such significance attests to our status as a bid protest powerhouse. Yet, we are also nimble and frequently handle more modest protests for smaller clients. Several of our protest attorneys – Neil O’Donnell, Robert Metzger, and Lucas Hanback – are individually recognized by the leading legal ranking guides Chambers and Partners and The Legal 500, and they lead our deep bench of highly experienced bid protest attorneys. In short, when a protest matter of great importance arises, there is no better team than RJO to have in your corner.
A sample of our recent representative matters includes:
RJO is routinely called upon to assist clients in preparing complex requests for equitable adjustment (REAs) and claims, and we represent clients in related litigation at the Boards of Contract Appeals, the COFC, and the Court of Appeals for the Federal Circuit. We work collaboratively with our clients’ internal stakeholders to develop detailed REAs and claims that will maximize their ability to recover amounts owed by the government. Our team, led by Neil O’Donnell, Mark Linderman, and Stephen Bacon, has extensive experience preparing and litigating claims involving various theories of recovery including constructive changes, defective specifications, differing site conditions, delay and disruption, acceleration, superior knowledge, and failure to cooperate. Contractors also frequently engage RJO when they are faced with the prospect of a termination for default or convenience, as well as when, in litigation, contractors need to overturn an improper default termination. If a contract is terminated for convenience, our attorneys help guide contractors through the intricate rules that govern the preparation and negotiation of termination settlement proposals (TSPs) under FAR Part 49. The RJO team also is adept at litigating termination for convenience claims.
A sample of our recent representative matters includes:
RJO advises leading companies on cyber, supply chain, and national security matters. Robert Metzger is recognized as one of the nation’s preeminent experts on cyber laws and regulations affecting the public sector. His work is well known and respected by government and industry alike. Bob served on the Defense Science Board task force that produced the “Cyber Supply Chain Report” (April 2017), and he is a co-author of the MITRE “Deliver Uncompromised” Report that has influenced federal security initiatives, among them DoD’s Cybersecurity Maturity Model Certification (CMMC). Bob has participated in several other MITRE projects on national security, emerging technology, and other public policy subjects. When naming Bob a 2016 “Federal 100” awardee, Federal Computer Week cited Bob’s “ability to integrate policy, regulation and technology.” He is supported by a team of RJO lawyers with deep experience in this practice area, including Alexandria Tindall Webb and Deborah Rodin. Our clients include world-class technology companies, as well as smaller, innovative concerns. RJO’s capabilities in cyber and security matters are recognized by Chambers and Partners and The Legal 500 in their 2021 ratings.
A sample of our recent representative matters includes:
RJO represents public construction clients of all sizes and types including general contractors, subcontractors, suppliers, construction managers, owners, sureties, and design professionals. We handle construction contract disputes with public entities, including bid protests, claims, and terminations for convenience and default. Our public construction work involves administrative hearings and trials related to federal, state, and local entity construction projects. RJO attorneys, including Neil O’Donnell, Mark Linderman, Joseph McGowan, and Aaron Silberman, have extensive trial experience in state and federal courts and a variety of administrative and arbitration forums.
A sample of our recent representative matters includes:
RJO regularly provides advice to small business government contractors on a range of issues including size and socioeconomic status eligibility, affiliation, the limitation on subcontracting rule, size recertification requirements, mentor-protégé agreements, and joint ventures. Our team, led by Lucas Hanback and Stephen Bacon, is well-equipped to litigate size protests, status protests, and NAICS appeals and routinely represents companies in cases at the SBA Area Offices and OHA. RJO attorneys assist 8(a) Program Participants, Woman-Owned Small Businesses, Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses, and Historically Underutilized Business Zone companies. Patricia Meagher and Stephen Bacon have distinct expertise in this area. We also assist large businesses when they need to understand the applicable rules that may impact a potential teaming arrangement, joint venture agreement, or acquisition that involves a small business contractor.
A sample of our recent representative matters includes:
RJO is a national leader in representation of state and local government contractors in matters such as contract award controversies, performance counseling, claims and disputes, contracts terminations, and public construction matters. We have assisted clients across industries: IT, telecommunications, security services, construction and design services, health care and medical devices, and many more. Robert Metzger and Aaron Silberman have led industry efforts to reform state IT acquisition practices. Bob has been a Guest Lecturer at GW Law School on state and local procurement and has spoken at national forums such as NASPO and NASCIO. Aaron has tried state and local disputes and has co-chaired the State & Local Procurement Division of the ABA’s Public Contract Law Section. Other RJO attorneys with substantial experience in this area include Dennis Callahan, Lauren Sujeeth, and Emily Wieser.
Our recent work in the state and local area includes the following:
RJO handles all types of issues concerning access to public records under the Freedom of Information Act (FOIA) and state public records laws. Our team, led by Lisa Himes, has decades of experience working with federal and state agencies in FOIA matters and has been very successful in obtaining FOIA records for clients in a variety of matters. We also handle reverse FOIA matters and help ensure that our clients’ records are protected from disclosure in those matters. RJO attorneys work on FOIA matters at the federal agency level and in litigation before federal district courts. At the state level, RJO attorneys work with state agencies, cities, school districts, universities, and local agencies to leverage the wide variety of state and local public records laws and regulations.
A sample of our recent representative matters includes:
RJO understands how critical it is for government contractors to stay on top of their regulatory obligations and procurement requirements, and we closely monitor new rules and changes to existing requirements to advise clients on a diverse array of obligations related to government contracting ethics and procurement integrity, labor and employment issues, cybersecurity and supply chain requirements, intellectual property (IP), privacy, and data. Gayle Athanacio has deep expertise in helping clients navigate the impact of emerging and existing regulations on their business, including by advising on the application and scope of solicitation and contract clauses, and by reviewing, crafting, and helping clients implement policies to ensure compliance with regulatory and contractual obligations. We have advised multiple clients on compliance with the GDPR, CCPA, and other state and related privacy requirements. In addition, our team is experienced with counseling clients on complex regulatory processes and procedures.
A sample of our recent representative matters includes:
While procurement contracts under the FAR are perhaps the first thing that clients consider to be in the realm of government contracts, RJO also represents clients in a wide array of non-procurement contractual matters. In the past year, we helped to establish the eighth Manufacturing Innovation Institute funded under a cooperative agreement with the DoD. We have done significant work for contractors under the SBA’s Small Business Innovation Research (SBIR) program. During the COVID-19 pandemic, we have assisted clients in negotiating emergency contracts for vaccine distribution and administration. RJO also advised in projects involving non-procurement state and federal law, including maritime, environmental, and energy law. Patricia Meagher, Aaron Silberman, Lucas Hanback, and Stephen Bacon are key resources here.
A sample of our recent representative matters includes:
