Richard W. Arnholt
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.
Over the past two decades Richard has represented government contract clients in a wide range of issues. In particular, he has extensive experience counseling clients on the complex ethics and compliance obligations required of government contractors and grant recipients; assisting companies and individuals faced with suspension or debarment by a number of government agencies; filing and defending against bid protests at the Government Accountability Office (GAO), Court of Federal Claims, and the Federal Circuit; and government contracts-related litigation such as prime/sub disputes and defending against False Claims Act (FCA) allegations.
His practice focuses on:
- Government Contracts Counseling & Litigation – Counseling contractors and subcontractors on implementing and upgrading ethics and compliance programs; conducting international investigations; and defending against allegations of non-compliance relating to FCA violations, procurement fraud and misconduct, counterfeit parts, organizational and personal conflicts of interest, post-government employment hiring restrictions, and the Buy America Act/Trade Agreements Act, among other issues.
- Suspension/Debarment – Representing companies from Fortune 25 multinationals to 8(a) small businesses 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 Environmental Protection Agency, the General Services Administration, and the Department of Homeland Security, among other agencies. Richard has experience negotiating administrative agreements to resolve suspension and debarment actions, as well as upgrading compliance programs, engaging external monitors, and developing training programs that are often necessary elements of such agreements.
- Bid and Size Protests – Advising government contractors in numerous bid protests before the GAO, U.S. Court of Federal Claims, and the Federal Circuit. In addition, he has represented contractors in agency-level bid protests and in size protests before Small Business Administration Area (SBA) Offices and appeals before the SBA Office of Hearings and Appeals. He has extensive experience representing clients both as interveners and protesters. Click here to review a list of Richard’s published bid protest decisions.
Prior to entering private practice, Richard served as a law clerk for the Honorable Mary Ellen Coster Williams of the U.S. Court of Federal Claims.
Memberships
American Bar Association, Section of Public Contract Law
- Membership, Diversity & Outreach Committee — Vice-Chair (2007-present)
- Contract Claims and Dispute Resolution Committee — Vice-Chair (2005-present)
- Privatization, Outsourcing & Financing Transactions Committee — Co-Chair (2009-2012)
- Acquisition Reform & Emerging Issues Committee — Co-Chair (2009-2011)
- Young Lawyers Committee — Co-Chair (2007-2009)
- Young Lawyers Division Liaison (2004-2006)
Representative Experience
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Advise a public university system on compliance with the rules associated with grants and contracts from NIH, NSF, and the Department of Defense
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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.
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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.
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Protest Filed with Court of Federal Claims on Behalf of The Green Technology Group
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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.
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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.
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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.
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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
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Alpha-Omega Change Engineering Sold to CAE USA
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Represented Vector Disease Control International in its sale to Rentokil North America
Publications
Upcoming Events
Past Events
Media Mentions & Firm News
Additional News & Insights
Presentations
- “Challenges of the New DoD Rule on Counterfeit Electronic Parts,” Crowell & Moring Webinar (June 5, 2014)
- “Understanding Suspension and Debarment,” Federal Publications Seminars (February 18, 2014)
- “Cost Reimbursement Contracting,” Federal Publications (October 8, 2013)
- “New DoD Protections Against Counterfeit Parts: Is Your Company Ready?” L2 Federal Resources Webinar (August 8, 2013)
- “Federal Contract Terminations: Preparing for the New Era of Budget Cuts,” L2 Federal Resources Webinar (December 2012)
- “Suspension and Debarment,” Virginia Association of Housing and Community Development Legal Seminar (December 2012)
- “Suspension and Debarment: Increased Enforcement Calls for Increased Attention to Compliance,” L2 Federal Resources Webinar (August 9, 2012)
- “Panning for Gold in an Era of Tightened Budgets,” ABA Section of Public Contract Law’s 6th Annual State and Local Procurement Symposium (May 13, 2011)
- “The Universal Problem with Small Business Compliance: Spotting Risks and Finding Solutions,” Webinar (April 7, 2011)
- “Strategies for Smart Growth and Driving Revenue” (October 2010)
Publications
- “News Alert: Suspension & Debarment – Preparing for the Coming Storm,” (March 16, 2012)
- “Mandatory Disclosure Rules for Government Contractors,” Executive Counsel Magazine (April/May 2011)
Client Alerts & Newsletters
- “Proposed FAR Rule to Expand Requirements for Reporting Nonconforming Items,” Government Contracts Bullet Points (June 11, 2014)
- “Eleventh Circuit OK’s Suspension of Affiliates Beyond 18 Months,” Government Contracts Bullet Points (January 8, 2014)
- “SUSPEND Act Gets Moving,” Government Contracts Bullet Points (November 13, 2013)
- “In Texas, Exclusive Means Exclusive,” Government Contracts Bullet Points (June 20, 2013)
- “DoD’s Proposed Counterfeit Electronic Parts Rules Are Short on Details,” Government Contracts Bullet Points (May 22, 2013)
- “Teaming Agreements: Date or Marriage?” Government Contracts Bullet Points (May 16, 2013)
- “DoD Tightens Counterfeit Prevention Policy,” Government Contracts Bullet Points (May 2, 2013)
- “Proposed Consolidation of Civilian Suspension and Debarment Offices,” Government Contracts Bullet Points (February 12, 2013)
- “Davis-Bacon Violation Leads to FCA Liability,” Government Contracts Bullet Points (October 16, 2012)
- “31-Month Suspension of Affiliates Violates FAR,” Government Contracts Bullet Points (July 6, 2012)
- “New Pro-Competitive Restrictions on DoD Prototype Line Items and Options,” Government Contracts Bullet Points (June 18, 2010)
- “‘Rebalancing’ the Federal Workforce,” Government Contracts Bullet Points (May 6, 2010)
- “Mandatory Suspension/Debarment Review for ‘Poorly Performing’ Contractors,” Government Contracts Bullet Points (March 23, 2010)
- “DoD Implements Franken Amendment for Non-Commercial Contracts,” Government Contracts Bullet Points (March 4, 2010)
- “No Warranty Without Express Language,” Government Contracts Bullet Points (February 24, 2010)
- “Check For Weed,” Government Contracts Bullet Points (February 19, 2010)
- “Agencies May Not Rely on Flawed DCAA Audits,” Government Contracts Bullet Points (February 4, 2010)
- “3 Days for Contractor ARRA Comments,” Government Contracts Bullet Points (October 13, 2009)
- “Contingency Contractor Beware,” Government Contracts Bullet Points (October 29, 2008)
- “Beware the Cooperative Agreement,” Government Contracts Bullet Points (April 21, 2008)
In the News
- “Systems to Find Fake Parts Must Meet Several Criteria, Crowell Attorney Says,” BNA Federal Contracts Report (June 5, 2014)
- “5 Areas of Growing Debarment Risk for Contractors / SBA Lifts MicroTech’s Gov’t Contracting Suspension,” Government Contracts Law360 (January 13, 2014); Government Contracts and Aerospace & Defense Law360 (January 29, 2014)
- “DOJ Seeks to Shore Up Contractor Suspension Program,” Government Contracts Law360 (July 2, 2012)
Bid Protest Decisions
Representative bid protest matters that have resulted in published decisions include:
- Safeguard Base Operations, LLC v. United States, B&O Joint Venture, LLC, 989 F.3.d 1326 (Fed. Cir. 2021), reh’g and reh’g en banc denied per curium, No. 2019-2261 (Fed. Cir. May 20, 2021) – Successfully defended against appeal of Court of Federal Claims decision denying protest of $77 million 8(a) small business set-aside award by the Federal Law Enforcement Training Center for dormitory services.
- Candor Solutions, LLC, B-418670.2, et al.: Jan. 19, 2021, 2021 CPD ¶ 27 – Successfully defended against protest of a Customs and Border Protection service-disabled veteran-owned small business set-aside task order award to Patriot, LLC for information technology services for 65,000 federal employees worldwide. The award had previously been made to Candor Solutions, LLC, but that award decision was reversed after corrective action in response to a protest by Patriot, LLC.
- CWU, Inc., B-417015.17, Mar. 9, 2020, 2020 CPD ¶ 94 – Successfully recovered costs after the Army took corrective action in response to a 2019 protest of an $800 million Department of the Army task order award to Valiant Government Services, LLC for linguist support services.
- The Green Tech. Grp., LLC v. United States, 147 Fed. Cl. 231 (2020) – Successfully protested Defense Health Agency award of a $64 million contract for information technology services.
- Safeguard Base Operations, LLC v. United States, B&O Joint Venture, LLC, 792 Fed. Appx. 945 (Fed. Cir. 2019) – Successfully defended against appeal of Court of Federal Claims decision denying challenge to an override of a stay of performance the Federal Law Enforcement Training Center of a $77 million 8(a) small business set-aside award for dormitory services.
- Safeguard Base Operations, LLC v. United States, B&O Joint Venture, LLC, 144 Fed. Cl. 304 (2019) – Successfully defended against protest of $77 million 8(a) small business set-aside award by the Federal Law Enforcement Training Center for dormitory services.
- Safeguard Base Operations, LLC, B415588.6, et al., Dec. 14, 2018, 2018 CPD ¶ 426 – Successfully defended against protest of $77 million 8(a) small business set-aside award by the Federal Law Enforcement Training Center for dormitory services.
- Safeguard Base Operations, LLC v. United States, B&O Joint Venture, LLC, 140 Fed. Cl. 670 (2018) – Successfully defended against a challenge to an override of a stay of performance by the Federal Law Enforcement Training Center of a $77 million 8(a) small business set-aside award for dormitory services.
- Ascella Technologies Inc., B-412679, et al., Apr. 27, 2016, 2016 CPD ¶ 123 – Successfully defended against protest of a Defense Advanced Research Projects Agency (DARPA) award of a $28 million contract for information technology business support services.
- B&B Medical Services, Inc.; Ed Medical, Inc., B-409705.4, et al., June 29, 2015, 2015 CPD ¶ 198 – Successfully protested Department of Veterans Affairs award of a multi-million dollar home oxygen supply contract.
- Strategic Intelligence Group, LLC, B-410881.3, June 23, 2015, 2015 CPD ¶ 203 – Successfully defended against protest of a U.S. Army Intelligence and Security Command award of a $143 million contract for linguist support services.
- Computech, Inc., B-409195.2, et al., July 29, 2014, 2014 CPD ¶ 256 – Successfully defended against protest of a Federal Communications Commission award of a contract for auction bidding software.
- Career Innovations, LLC, B-404377.4, May 24, 2011, 2011 CPD ¶ 111 – 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, Jan. 26, 2010, 2010 CPD ¶ 65 – 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, et al., Jan. 13, 2010, 2010 CPD ¶ 28 – 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, June 22, 2007, 2007 CPD ¶ 124 – Successfully defended against protest of a $1 billion Department of the Navy award of a global contingency construction contract.
- L-3 Communications Titan Corporation, B-299317, et al., Mar. 29, 2007, 2007 CPD ¶ 66 – 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., Jan. 21, 2005, 2005 CPD ¶ 22 – Successfully protested Department of the Air Force award of a small business set-aside contract for collapsible fuel containment bladders.
Education
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Georgetown University Law Center - LL.M., 2003
With Distinction
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Georgetown University Law Center - J.D., 2002
cum laude
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University of St. Andrews (Scotland) - M.A., 1997
With Honors
Admissions
- District of Columbia
- New York
- U.S. Court of Federal Claims
- U.S. Court of Appeals, Federal Circuit
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