Richard Arnholt advises companies, large and small, on the complex rules and regulations applicable to grants and contracts from federal and state governmental entities. In an era of increased budgetary pressures for contractors, Richard focuses his practice on providing practical business and legal guidance to help clients efficiently navigate the minefield of government procurement and grant regulations. Richard has experience assisting companies and individuals faced with potential exclusion from federal contracting by advising them through suspension and debarment proceedings before various government agencies, including the U.S. Army, Air Force and Navy; Defense Logistics Agency; Environmental Protection Agency (EPA); General Services Administration; and Department of Homeland Security (DHS). Richard also represents government contractors in mediation and litigation on the state and federal levels.
American Bar Association, Section of Public Contract Law
After a successful challenge last year to the award of a service-disabled veteran-owned small business (SDVOSB) set aside task order for technology service desk operations by the U.S. Customs and Border Protection (CBP or the Agency), our government contracts team successfully defended the award of that task order after the re-evaluation to our client, Patriot, LLC. The challenge and subsequent successful defense of the award highlight the usefulness of the protest process, a process some contractors are hesitant to use.
Representation of Serco Inc., a provider of professional, technology, and management services, in its definitive agreement to acquire Whitney, Bradley & Brown, Inc., a leading provider of advisory, engineering and technical services to the US Military and H.I.G. Capital portfolio company, for $295 million.
Protest Filed with Court of Federal Claims on Behalf of The Green Technology Group
Richard Arnholt traveled to Guantanamo Bay, Cuba, in June 2019 to provide training on government contracts ethics and compliance issues to employees of a long-standing firm client. The presentation, which was given as part of the client’s periodic employee training program, covered topics such as the importance of an ethical culture, risks of non-compliance, the Procurement Integrity Act, revolving door restrictions, the Anti-Kickback Act, gift and gratuities rules, and time and expense reporting.
Represented Serco Inc. in its definitive Asset Purchase Agreement to acquire Alion Science & Technology Corporation’s Naval Systems Business Unit, including its Canadian business and a small number of related contract operations, for $225 million. The acquisition, subject to regulatory approvals, is expected to close in the second half of 2019. Serco Inc., a provider of professional, technology, and management services, will strengthen its presence in naval support with this acquisition, and will become a stronger integrated maritime solutions provider for the U.S Navy and other customers.
In January 2019, the Government Accountability Office (GAO) dismissed a pre-award protest Bass, Berry & Sims filed on behalf of an 8(a) small business joint venture client after receiving notice from the State Department that the agency was taking corrective action in response to the protest grounds.
Ongoing representation of B&O Joint Venture, LLC (B&O JV), an 8(a) small business joint venture, in multiple actions relating to the Federal Law Enforcement Training Center (FLETC) award to B&O JV of vital maintenance services supporting ongoing training of federal law enforcement officials at FLETC’s Glynco, Georgia facility
Alpha-Omega Change Engineering Sold to CAE USA
Represented Vector Disease Control International in its sale to Rentokil North America
Represented Turtle Reef Holdings, LLC, a service-disabled veteran-owned small business, in a protest challenging an award for Business Intelligence Solution services made by the Department of Veterans affairs
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:
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: