Tyson Arbuthnot
David E. Aron
Gayle M. Athanacio
Stephen L. Bacon
Merri A. Baldwin
Robert J. Breakstone
Dennis J. Callahan
Thomas H. Carlson
Jeffery M. Chiow
Alecia E. Cotton
Joshua M. Deitz
Robert C. Goodman
Lucas T. Hanback
John G. Heller
Dennis C. Huie
Suhani Kamdar
Lauren B. Kramer
S. Amber Lee
Mark J. Linderman
E. Jacob Lubarsky
James Robert Maxwell
Joseph C. McGowan
Patricia A. Meagher
Robert S. Metzger
Brian D. Miller
Alexis J. Morris
Nicholas T. Niiro
Roland Nikles
Neil H. O'Donnell
Dean D. Paik
Sharon Ongerth Rossi
Aaron M. Scolari
Aaron P. Silberman
Katherine M. Svinarich
Renée D. Wasserman
Alan J. Wilhelmy
Paul M. Zieff


Robert S. Metzger
Shareholder
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Areas of Practice

Mr. Metzger is a member of the firm's Government Contracts and Complex Commercial Litigation Practice Groups, and is the head of RJO’s Washington, D.C. office. He advises leading U.S. and international companies on key public contract compliance challenges and in strategic business pursuits. His litigation practice includes representation of companies in civil matters in federal and state courts and before administrative agencies. His transactional practice includes international projects, joint ventures, direct and FMS sales to foreign governments. Bob has been recognized as among the nation’s leading experts in cybersecurity and supply chain risk management. He also has extensive experience in federal and state bid protests and in controversies arising from information technology (IT) implementation projects.

Professional Qualifications

Mr. Metzger’s clients include prominent U.S. and international firms in aerospace, computer equipment, defense, electronics, enterprise computing, information technology, infrastructure, professional services, software, space systems and telecommunications. His experience in government contract-related controversies includes bid protests, compliance and internal investigations, complex claims and disputes, cost-related controversies, terminations, and defense of actions brought under the False Claims Act. Chambers USA ranks Bob at “Tier 3” among top government contracts lawyers nationwide and in 2015 cited him for abilities with “cutting-edge issues in areas such as counterfeit goods and cybersecurity.” The Legal 500 in 2016 cites Mr. Metzger as an “expert” in cyber and supply chain security. He also is among the 49 U.S. lawyers rated as “Expert” in government contracts by Who’s Who Legal (2016).

Mr. Metzger was named a 2016 "Federal 100" awardee by Federal Computer Week, which said of him: “He brings a deep understanding of the statutes and legal underpinnings of those efforts, combined with an ability to integrate policy, regulation and technology, and he has helped industry have a voice in those deliberations. In 2015, he was at the forefront of the convergence of the supply chain and cybersecurity, and his work continues to influence the strategies of federal entities and companies alike.”

He is a member of the Defense Science Board task force that produced the Cyber Supply Chain Report in February 2017. At RSA Conference 2017, Bob moderated a panel discussion on “Cyber/physical Security and the IoT: National Security Considerations.”

Bob is admitted to the Bar of the State of California and the District of Columbia. He is the co-author (with Daniel Lyons) of “A Critical Reassessment of the GAO Bid-Protest Mechanism,” Wisconsin Law Review, Volume 2007, No. 6, 2008 and is a Guest Lecturer at the George Washington University Law School on state and local information technology procurement. Bob is the Vice-Chair of the Cyber/Supply Chain Assurance Committee of the IT Alliance for Sector (ITAPs), a unit of the Information Technology Industry Council, and participates in public-private cyber and supply chain security initiatives. He has an extensive portfolio of publications in diverse areas that include cyber and supply chain security, state and local IT acquisition, organizational conflict of interest, contract award controversies and GSA multiple award schedule contracting. He is a Vice-Chair of the Commercial Products and Services Committee of the ABA Public Contracts Law Section. 

Mr. Metzger is a member of the International Institute for Strategic Studies (IISS), London. Academic publications on international security topics include articles in International Security, the Journal of Strategic Studies and Indian Defence Review. Bob’s practice includes advice to leading companies on international aerospace and defense transactions. He has published articles and presented to leading international forums on U.S. defense security cooperation, satisfaction of offset requirements and on compliance risks that accompany offsets. For the Section of International Law, Mr. Metzger is a Vice-Chair of the Aerospace & Defense Industries Committee and a Vice-Chair of the International Procurement Committee. He is an active member of the World Bank Community of Practice now developing a “model law” for compensatory measures in international procurement contracts.

Before joining RJO, Bob was a partner at a number of internationally recognized firms, including Gibson Dunn & Crutcher (where he was co-chair of the government contracts practice), Kirkland & Ellis and Latham & Watkins. 

Education

J.D., Georgetown University Law Center
Editor, Georgetown University Law Journal

B.A., Middlebury College

Research Fellow, Center for Science & International Affairs
(now “Belfer Center”),
Harvard Kennedy School of Government


Bar Admissions
California
District of Columbia




Practices
Government Contracts
Complex Commercial Litigation

Recent Publications and Public Speaking

Understanding CUI Regulations and Achieving Cost-Effective Compliance, Webinar, Sept. 20, 2017

The Defense Science Board Task Force on the Cyber Supply Chain, Workshop, Aug. 16, 2017

Understanding CUI Regulations and Achieving Cost-Effective Compliance Webinar, Aug. 2, 2017

Countdown to Regulatory Compliance: Is Your Organization Ready for GDPR & NIST? Webinar, July 11, 2017

Protecting CDI Remains a Challenge for Defense Contractors (Audio) Federal Drive, May 17, 2017

The New Normal: IoT Policy, Regulation, and Standards, Speaker, ABA Section of Science & Technology Law panel, May 10-11, 2017

Cyber: A GovCon Approach to NIST Compliance, Speaker, Dixon Hughes Goodman LLP 22d Annual Government Contracting Update conference, May 4, 2017

Cybersecurity and the Supply Chain: Risk Management and Compliance, 2-hour LIVE CLE Video Broadcast, myLawCLE, May 1, 2017

Cybersecurity and Government Contracting: Regulations, Implications and Compliance, 2-day course, Federal Publications Seminars, Apr. 25-26, 2017 (co-presented)

Navigating Defense Department Cyber Rules, National Defense, Apr. 21, 2017

Navigating Bid Protests Caused By DOD Cybersecurity Rules, Law360, Apr. 18, 2017 (PDF) co-authored

RJO-Authored Cyber Security White Paper Now Released, RJO Update, Apr. 2017, by R. Metzger

"White Paper, “Federal Actions to Enable Contractors to Protect “Covered Defense Information” and “Controlled Unclassified Information,” released by IT Alliance for Public Sector (ITAPS), Mar. 27, 2017

JESD243: An Industry Standard for COUNTERFEIT ELECTRONIC PARTS – or Something Less? Counterfeit avoidance standards need additional detail for addressing and mitigating key risks, Counterfeit Mitigation, Mar. 2017 (PDF) co-authored

Cyber Protection of CDI: Changed Requirements, New Methods, More Questions, Bloomberg Law, Federal Contracts Report, 107 FCR 217, Feb. 28, 2017 (PDF)

"Detection and Avoidance of Counterfeit Electronic Parts: An Expert's Perspective," Webinar, Public Contracting Institute, LLC (PCI), Feb. 22, 2017

"Cyber/Physical Security and the IoT: National Security Considerations," Moderator, RSA 2017 Conference, Feb. 17, 2017

"CUI and CDI: The Federal Push to Protect Sensitive Technical Information," CLE/CPE Federal Publications Seminars webinar, Jan. 31, 2017

"Supply Chain Risk Assessment and Compliance: Mitigating Risk With Effective Due Diligence and Supplier Oversight," CLE webinar sponsored by Strafford Publications, Jan. 10, 2017

"Supply Chain Cybersecurity: Practical Tips for Implementing Cyber Flows-Down Requirements and Negotiating with Suppliers & Prime Contractors," Speaker, ABA Public Contract Law Section Cybersecurity, Privacy, and Data Protection Committee meeting, Dec. 14, 2016

"Network Penetration Reporting and Contracting for Cloud Services," Speaker, Software and Supply Chain Assurance Working Group (SSCAWG), Dec. 13, 2016

"Evolution of Compensatory Measures on International Public Government Procurement," Speaker, Law, Justice and Development Week, Dec. 8, 2016

"Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations," Moderator, National Defense Industrial Association (NDIA) “Cyber Summit,”Dec. 7, 2016

"Defense Counterfeit Management Policy, Regulation and Practices," Speaker, DMSMS 2016 conference, Nov. 28, 2016

"Changes to Counterfeit Parts Regulations Merit Review, Revision to Industry Practices," Bloomberg BNA Federal Contracts Report, 106 FCR 423, Oct 25, 2016 (PDF)

"Cybersecurity and Your Supply Chain," speaker, IACCM Americas Conference, Oct. 24, 2016

"Cybersecurity—A Unified Approach Across Public Markets," moderator, Meeting of the ABA Public Contracts Law Section, Oct. 6, 2016

"Anticipating—and Resolving—Difficult Issues in State Public Contract Administration," one-day course, ABA Public Contracts Law Section, Oct. 5, 2016

"Don't be the Next Cyber Breach Headline: Protect Yourself with Multi-Factor Authentication," webinar speaker, Exostar, Sept. 29, 2016

White Paper, “Security as a Service: Incorporating NIST 800-171 Requirements into the Defense Supply Chain," sponsored by Exostar, Sept. 2016 (PDF)

"Cybersecurity Summit for Government Contractors: Hot Topics, Trends and Emerging Issues," Speaker, Federal Publications Inc., Sept. 15, 2016

Cybersecurity and Acquisition: How the Federal Government is Using its Procurement Authority to Respond to Cyber Threats, 55th Annual National Seminar on Government Contracts, Sept. 14, 2016

BNA INSIGHTS: NIST Proposes Requirements for System Security Plans, Bloomberg BNA Federal Contracts Report, Vol. 106, No. 9, Sept. 12, 2016 (PDF)

Participant in the Association of Chartered Certified Accountants Roundtable, on "50 Drivers for Change for Accountancy in the Public Sector/Government," Washington, D.C., July 26, 2016

Industry Perspectives on Active and Expected Regulatory Actions, Software and Supply Chain Assurance Forum, July 15, 2016 (PDF)

How Digital Rights Management is Aiding Law Firms with Their Data Security, Information Governance and Audit Compliance Challenges, webinar sponsored by Kraft Kennedy and Seclore, July 11, 2016

Speaker on the current state of cybersecurity regulations and compliance requirements, Pricing, Regulatory Compliance Oversight (PRCO), June 29, 2016 (co-presented)

"JEDEC’s New JESD243: Is It an Industry Standard for Counterfeit Electronic Parts – or Something Less?" SMTA, Technical Symposium and Expo, June 28, 2016 (PDF)

Cyber/Physical Security and the Internet of Things, Center for Hardware Assurance, Security and Engineering (CHASE), June 2, 2016 (PDF)

Detection and Avoidance of Counterfeit Electronic Parts: An Expert’s Perspective, Virtual Training, Public Contracting Institute, May 11, 2016

Secure Networks Critical to Maintaining DoD Tech Edge, Federal Times, Apr. 26, 2016

BNA INSIGHTS: JEDEC’s New JESD243: A New Standard That Is Less Than Industry Needs to Avoid Counterfeit Electronic Parts Bloomberg BNA Federal Contracts Report, Vol. 105, No. 15, Mar. 20, 2016 (PDF)

Internet of Things: When Cyberattacks Have Physical Effects, Federal Times, Apr. 8, 2016

IoT Standards and Information Governance ABA Section of Science and Technology, Mar. 31, 2016

Twists and Turns – DoD Backs Away from the ‘Network Penetration’ DFARS. Or Does It? Bloomberg BNA Federal Contracts Report, 105 FCR, Feb. 16, 2016; Privacy and Security Law Report 15 PVLR 532, Mar. 14, 2016 (PDF)

Reconciling risk and value for the Internet of Things,Federal Times, Feb. 4, 2016

Federal Cyber Security Initiatives: Implications for State & Local Governments (and Contractors), presentation to ABA Public Contracts Law Section, State and Local Division, Jan. 28, 2016 (PDF)

Learning to Live with the ‘Network Penetration’ DFARS, Bloomberg BNA Federal Contracts Report, 104 FCR 1293, Dec. 29, 2015 (PDF)

Improving Cyber and Supply Chain Security in GSA Schedule Contracting, Bloomberg BNA Privacy and Security Law Report, 14 PVLR 2300, Dec. 21, 2015; Federal Contracts Report, 104 FCR, Dec. 8, 2015 (PDF)

Avoiding Counterfeit Electronic Parts: How DoD’s Proposed Rule May Affect You, Insight, ERAI, Inc. Quarterly Newsletter, Q4-2015, Dec. 2015 (PDF)

How IoT poses a security risk to our critical infrastructure, Federal Times, IT BLOG, Dec. 11, 2015

Avoiding Counterfeit Electronic Parts: How DoD’s Proposed Rule May Affect You, Friday Flash, The Coalition for Government Procurement, Dec. 4, 2015 (PDF)

Internet of Things - Software & Supply Chain Assurance Legal Landscape, speaker, Department of Defense, Department of Homeland Security, the NIST unit of the Department of Commerce and the General Services Administration, Dec. 2, 2015

Risks for GSA Schedule Contractors, Winvale webinar speaker, Nov. 24, 2015

Data Privacy and Cybersecurity Forum, speaker, Today's General Counsel, Nov. 4, 2015

Data Privacy and Cybersecurity Forum, speaker, Today's General Counsel, Nov. 4, 2015

Making Sense of Commercial Excellence, IACCM America's Forum 2015, Oct. 6, 2015

New GSA Rule For Commercial Supplier Contracts: A Mixed Bag, Law360, Sept. 29, 2015 (PDF) (co-authored)

GSA’s Class Deviation for Commercial Supplier Agreements, RJO Update, Sept. 2015 (PDF) (co-authored)

View from RJO: OMB’s New Guidance on Using Acquisition Methods to Improve Cybersecurity, Bloomberg BNA Federal Contracts Report, 104 FCR, Aug. 18, 2015 (PDF)

Webinar on the cyber security obligations of companies who operate in the public sector and host, use or transmit sensitive federal information,sponsored by BitSight, July 22, 2015 (co-presented)

Protecting The Supply Chain, training session, Public Contracting Institute, June 25, 2015 (co-presented)

Cyber Threats & Privacy Concerns in the Public Sector, Webinar, June 23, 2015 (PDF) (co-presented)

Threats to the Supply Chain: Extending Federal Cybersecurity Safeguards to the Commercial Sector, Bloomberg BNA, 14 PVLR 1010, June 8, 2015 (PDF)

Cybersecurity and Acquisition Practices: New Initiatives to Protect Federal Information of Civilian Agencies, Bloomberg BNA, 97 DER B-1, May 20, 2015 (PDF)

Cloud Computing: How State & Local Governments Can Access Its Benefits and Manage the Risks, ABA 10th Annual State and Local Procurement Symposium, Apr. 24, 2015

A Standards-Based Way to Avoid Counterfeit Electronics Parts, 3-hour workshop, ERAI Executive Conference, Apr. 22, 2015

Webinar on how the federal government will use acquisition methods and contract tools to improve the cybersecurity of contractors who support civilian agencies, Cybersecurity, Privacy and Data Protection Committee, ABA Public Contract Law Section, Apr. 13, 2015

Cybersecurity for the Rest of Us: Protecting Federal Information of Civilian Agencies, Bloomberg BNA Federal Contracts Report, 103 FCR, Mar. 10, 2015 (PDF)

Hot Topics in Bid Protests - 2015, Public Contracting Institute webinar, Feb. 12, 2015 (co-presented)

GAO Bid Protests: Practical Tips," webinar, Jan. 22, 2015 (co-presented)

GSA Multiple Award Schedule Contracting: Lessons From 2014, Law360, Jan. 2, 2015 (PDF) (co-authored)

View From RJO: DOD's Cybersecurity Initiative - What the Unclassified Controlled Technical Information Rule Informs Public Contractors About the New Minimums in Today's Cyber-Contested Environment, Bloomberg BNA Federal Contracts Report, 102 FCR 744, Dec. 30, 2014 (PDF) (co-authored)

View From RJO: A Standards-Based Way To Avoid Counterfeit Electronic Parts, Bloomberg BNA Federal Contracts Report, 102 FCR 540, Nov. 4, 2014 (PDF)

You Don't Have To Report Counterfeits To DOD IG, Law 360, Government Contracts, Aerospace & Defense and Public Policy, Oct. 6, 2014 (PDF)

Legislating Supply Chain Assurance: How the Aerospace Industry Can Conform to Section 818 and the new DFARS, SAE 2014 Aerospace Systems and Technology Conference, Sept. 24, 2014 (PDF)

New Rule Addresses Supply Chain Assurance, National Defense, NDIA's Business and Technology Magazine, in which Bob Metzger has contributed a column in the "Ethics Corner" of the October 2014 issue (PDF)

View From RJO: Risk-Based Acquisition Strategies to Avoid Failed IT Projects, Bloomberg BNA Federal Contracts Report, 102 FCR, Sept. 23, 2014 (PDF) (co-authored)

Indiana V. IBM: What's At Stake For IT Contractors, Law360, Sept. 15, 2014 (PDF) (co-authored)

View from RJO: GAO's Neglected § 21.8(b): How it Can be Used to Address Concerns That Bid Protests are too Costly and Disruptive, Bloomberg BNA Federal Contracts Report,102 FCR, Aug. 5, 2014 (PDF) (co-authored)

Making the Best of the Final DFARS re Counterfeit Parts, Insight ERAI Quarterly Newsletter, Q2, 2014 (PDF)

Public Meeting: Detection & Avoidance of Counterfeit Electronic Parts - Further Implementation, DFAR Case 2012-D055, Final Rule 79 Fed. Reg. 26092, June 16, 2014 (PDF)

The New DFARS Rule: Compliance and Business Risks, Presentation, June 16, 2014 (PDF)

View From RJO: The Challenge Of Pricing 'Commercial' Items, Bloomberg BNA Federal Contracts Report, 101 FCR 603, May 20, 2014 (PDF) (co-authored)

DOD Following Up on Counterfeit Parts Rule With Public Meetings on Next Steps, Bloomberg BNA Federal Contracts Report, 101 FCR 578, May 20, 2014 (PDF)

DoD’s New Regulations on Safeguarding Unclassified Controlled Technical Information, National Defense Industrial Association, Small Business Division, Executive Committee, April 10, 2014 (PDF) (co-presented)

Supply Chain Security: Initiatives to Defend Against the Threats of Counterfeit Parts, IPC APEX Expo 2014, March 26, 2014, Video interview featuring Mark Northrup of IEC Electronics

Convergence of Counterfeit and Cyber Threats: Understanding New Rules on Supply Chain Risk, Bloomberg BNA Federal Contracts Report, 101 FCR, Feb. 18, 2014 (PDF)

A Next Generation Regional Turboprop Transport: A National Aerospace Project for India, Indian Law News, Vol. 5, Issue 1, Winter 2014, guest editor (PDF)

Challenges Facing Civil Aviation in India, Indian Defence Review, Vol. 28:4, Oct.-Dec. 2013

GSA Multiple Award Schedule Contracting: Lessons From 2013, Law360, Dec. 18, 2013, co-authored (PDF)

New DOD Cybersecurity Program Expected To Significantly Affect IT Contractors, Bloomberg BNA Federal Contracts Report, 100 FCR 472, in which Bob Metzger is quoted on supply chain rules, Nov. 19, 2013 (PDF)

Advanced regional turboprop aircraft: Solutions to India's aviation infrastructure restraints, The Economic Times, Nov. 10, 2013

The Many Challenges Facing Civil Aviation in India, India Law News, ABA Section of International Law, Vol. 4, Issue 3, Fall 2013 (PDF)

Offsets Loom Large As Defense Firms Sell More Abroad, Law 360, Sept. 30, 2013 (PDF)

DOD Counterfeit Parts Rule – So Little After So Long, Law 360, June 2013 (PDF)

The ‘VVIP’ Helicopter Scandal: Steering towards a Positive Response” Indian Defence Review, Vol. 29.2 (Apr-Jun 2013), at The ‘VVIP’ Helicopter Scandal: Steering towards a Positive Response). Also available on Kindle at (Indian Defence Review 28.2)

"New DOD Counterfeit Prevention Policy: Resolves Responsibilities Within DOD But Leaves Many Contractor Questions Unresolved," Federal Contracts Report, a publication of Bloomberg BNA, May 15, 2013 (PDF)

"India's Defense Procurement: Responses to the New Scandal, India and the United States: The Evolving Legal Landscape," April 27, 2013 (PDF)

"Supply Chain Security: Reducing Threats to Critical Systems," ERAI Executive Conference, April 18-19, 2013 (PDF) co-authored

"The Importance of Competitive Negotiations to State Information Technology Procurement," The Procurement Lawyer, Section of Public Contract Law, ABA, Vol. 48, No. 3 - Spring 2013 (PDF) (co-authored)

"Defence: Work with Uncle Sam," The Economic Times (India), February 5, 2013

"Making Offsets Work for India," Indian Defence Review, Vol. 28:1, Jan-Mar 2013

"An Appraisal of Select Provisions of the FY 2013 National Defense Authorization Act," Federal Contracts Report, 99 FCR 27, The Bureau of National Affairs, Inc., January 8, 2013 (PDF)

"Negotiation of State IT Contracts," ABA Public Contracts Law Section State & Local Procurement Division, Webcast, September 28, 2012 (PDF)

DoD Counterfeit Parts Rule: What Result When That Butterfly Beats Its Wings?, Service Contractor, by Professional Services Council, September 2012 (PDF) (co-authored)

Counterfeit Electronic Parts: What to Do Before The Regulations (and Regulators) Come? (Part 2), Federal Contracts Report, Vol. 97, by The Bureau of National Affairs, Inc., August 21, 2012 (PDF)

What Contractors Can Learn From Indiana v. IBM, Law 360, August 16, 2012 (PDF) (co-authored)

Better State & Local IT Procurement Through Negotiations, RJO Update, August 2012 (PDF) (co-authored)

Legislating Supply Chain Assurance: Examination of Section 818 of the FY 2012 NDAA, The Procurement Lawyer, Section of Public Contract Law, ABA, Vol. 47, No. 4 - Summer 2012 (PDF) (co-authored)

Counterfeit Electronic Parts: What to Do Before The Regulations (and Regulators) Come? (Part 1) Federal Contracts Report, Vol. 97, June 21, 2012, (PDF) (co-authored)

"California's Use of Negotiations Authority for State Technology Contracts: A White Paper Produced for and in Conjunction with TechAmerica's California Procurement Committee" (PDF) June 20, 2012

Counterfeit Parts Report - A Guide for Contractors, DoD, Law 360: Expert Analysis, May 24, 2012 (co-authored)

India’s Aerospace & Defense Markets Bloomberg Conference (PDF) New York, NY April 26, 2012

US-India Defence Cooperation: Towards an Enduring Relationship (PDF) Indian Defence Review, Vol. 27.2, Apr/Jun 2012

Publications



Contact
Bowen Building
875 15th Street, NW, Suite 725
Washington, D.C. 20005
Phone: 202.777.8950
Fax: 202.347.8429
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rmetzger@rjo.com