Suspension and Debarment
Richard has represented companies and individuals in investigating and responding to suspension, proposed debarment and show cause notices issued by the Army, Air Force, Navy, the Defense Logistics Agency, the EPA, the GSA, and the Department of Homeland Security, among other agencies. In addition, he regularly counsels government contractors regarding the investigation and disclosure to the government of issues that have the potential to result in suspension or debarment. Representative matters include:
- Represented Fortune 25 contractor in investigating and responding to suspension by the Environmental Protection Agency (EPA); matter resolved by administrative agreement.
- Represented Fortune 20 contractor in investigating and responding to show cause notice issued by the Department of the Navy; matter resolved without an administrative agreement.
- Represented multinational company with approximately $30 billion in annual revenue in investigating and responding to debarment by the Department of the Air Force; matter resolved by administrative agreement.
- Represented large, publicly traded company with approximately $6 billion in sales in investigating and responding to proposed debarment by the General Services Administration (GSA); matter resolved without an administrative agreement.
Ethics & Compliance
Government contractors are required to have ethics and compliance programs in place to, among other things, reduce the risk of fraud on government programs and ensure the prompt disclosure to the government of certain types of violations. For companies that rely on government contract or grant revenue, not only can failure to address compliance gaps result in violation of federal requirements, it can be held against a company under the Sentencing Guidelines or in a suspension/debarment action. Richard has extensive experience counseling clients on evaluating and upgrading ethics and compliance programs to ensure they meet these requirements, as well as training employees in key government contract issues.
Over the past decade, Richard has represented government contractors in numerous bid protests before the Government Accountability Office and U.S. Court of Federal Claims. In addition, he has represented contractors in agency-level bid protests and in size protests before Small Business Administration Area Offices and appeals before the SBA Office of Hearings and Appeals. He has extensive experience working with clients both as intervenors and protestors. Representative matters include:
- Computech, Inc., B-409195.2, et al., 2014 CPD ¶ 256 (2014) – Successfully defended against protest of a Federal Communications Commission award of a contract for auction bidding software.
- Career Innovations, LLC, B-404377.4, 2011 CPD ¶ 111 (2011) – Successfully defended against protest of a Department of Labor small business set-aside award of a Job Corps outreach and admissions services contract.
- CMI Management, Inc., B-402172, 2010 CPD ¶ 65 (2010) – Successfully defended against protest of a Department of Homeland Security award of a $120 million administrative support services contract.
- McKissack+Delcan JV II, B-401973.2, 2010 CPD ¶ 28 (2010) – Successfully protested Department of Transportation rejection of a proposal in a procurement for program management oversight services.
- Kellogg Brown & Root Services, Inc., B-298694.7. 2007 CPD ¶ 124 (2007) – Successfully defended against protest of a Department of the Navy award of a global contingency construction contract.
- L-3 Communications Titan Corporation, B-299317, et al., 2007 CPD ¶ 66 (2007) – Successfully protested Department of the Army award of a $4.65 billion contract for linguistic services in Iraq.
- Cooley/Engineered Membranes; GTA Containers, Inc., B-294896.2¸ et al., 2005 CPD ¶ 22 (2005) – Successfully protested Department of the Air Force award of a small business set-aside contract for collapsible fuel containment bladders.