Ford's Colony
110 Troon
Williamsburg, Virginia 23188-9195

My Experience

Private Practice:

My practice focuses on claims against the Government arising from solicitations for Federal contracts, or arising from performance of these contracts.

Federal courts have adopted electronic case filing over the Internet, and I have the required computer systems and software, and I have the expertise, that is required by this paperless system.

Federal claims practice is a significant part of my activities: I routinely pursue contract claims before agency boards of contract appeal or in the United States Court of Federal Claims. Another focus of my practice is white-collar fraud defense work, including defenses against proposed debarments, and against civil fraud claims.

My cases include protests against awards of multi-million dollar computer support services or hardware and software acquisitions before the United States Court of Federal Claims, or at the Government Accountability Office. I have pursued (or defended) protests in state courts, before state boards or commissions, and before the United States Postal Service.

The law concerning Government acquisitions is complex, assuring the involvement of the United States Court of Appeals for the Federal Circuit in many cases. I have thus engaged in a number of appellate cases each year arising from the United States Court of Appeals for the Federal Circuit’s supervisory role over agency boards of contract appeal and over the United States Court of Federal Claims.

Transactional work is another part of my practice. I’ve held consulting services contracts with Federal agencies to provide procurement legal services on large computer systems acquisitions. As well, I’ve provided legal services to Virginia transportation commissions on questions arising under the Virginia Public Procurement Act. I routinely provide advice to private clients on teaming agreements, cost issues, subcontract disputes, and other questions that arise during contract performance. I help private clients present their positions before Congress.

Back to top

General Services Administration Board of Contract Appeals:

I was appointed as an Administrative Judge in February 1980. I became the Deputy Vice Chairman in January 1984, and in November 1986, I was appointed Vice Chairman. Prior to 1985, I heard and decided major contract claims arising from Federal construction projects, including the Museum of American History; the Federal penitentiary in Otisville, New York; the Air & Space Museum; and the Thurmond Federal Building in Columbia, South Carolina. Although my decision in Capital Electric Co., GSBCA No. 5316, 83-2 BCA ¶ 16,548, was subsequently reversed by the United States Court of Appeals for the Federal Circuit, Capital Electric Co. v. United States, 729 F.2d 743 (1984), that decision eliminated existing confusion over two very different theories of damages: under­absorbed overhead versus extended home office overhead. In addition to construction contracting, I decided many lease contract disputes—GSA’s role as the Government’s landlord results in many lease contract disputes that come before the GSBCA. In 1985, I became increasingly involved in the GSBCA’s new protest jurisdiction over computer and telecommunications acquisitions. I was the Administrative Judge who decided most of these cases until I left the GSBCA in May 1987.

Back to top

Defense Logistics Agency:

I began a Government career as an attorney-advisor with Defense Logistics Agency’s Defense Construction Supply Center in Columbus, Ohio. I began trying contract claims before the Armed Services Board of Contract Appeals in 1968. I tried one of the first claims for defective cost or pricing data, M-R-S Manufacturing Co., ASBCA No. 14825, 71-1 BCA ¶ 8821, aff’d sub. nom. M-R-S Manufacturing Co. v. United States, 492 F.2d 835 (1974). I count as a significant victory a case in which I used the “gross mistake” exception to support revoking acceptance of defective dehydrator cartridges used in the tail turret of B-52 aircraft, Catalytic Engineering & Manufacturing Co., ASBCA No. 15257, 72-1 BCA ¶ 9342.

Back to top

Publications, Presentations, and Activities:

I maintain a World Wide Web site, The Procurement Lawyer, a compilation of electronic resources for government contracts, public procurement, and federal acquisitions. I publish periodic RSS feeds, Government Contractor Insights, that are distributed over the Internet.

I have been a lecturer at GSA’s “Trail Boss” program, a two-week intensive course for senior Federal computer systems personnel. I have also been a lecturer on Government contracts, protests, and trial practice for the Department of Justice’s Legal Education Institute.

I serve as a volunteer moot court judge for The George Washington University Law School Government Contracts Moot Court Competition. I am a member of the Federal Circuit Bar Association, and a member of the Federal Circuit Bar Association’s Amicus Committee.

Back to top

Awards:

Assistant Secretary’s Award for Excellence, United States Department of State, Bureau of Administration, September 1995.

Federal Computer Week’s Federal 100 Award, March 5, 1991.

Defense Logistics Agency Meritorious Civilian Service Award, February 19, 1980.

Research Editor, William & Mary Law Review, 1967-68.

Back to top

Education and Licenses:

B.A., honors, University of Illinois, 1966; J.D., Marshall–Wythe School of Law, College of William and Mary, 1968.

Admitted to the bars of the Supreme Court of Virginia, District of Columbia Court of Appeals, United States District Court for the District of Columbia, United States District Court for the Eastern District of Virginia, United States Court of Federal Claims, United States Court of Appeals for the Fourth Circuit, United States Court of Appeals for the Federal Circuit, United States Court of Appeals for the District of Columbia Circuit, and Supreme Court of the United States of America.

Back to top