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. 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.
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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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
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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
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Successfully represented Arkel International, LLC, a Louisiana-based company that works primarily on contracts performing overseas, in a GAO protest that resulted in the Department of State taking corrective action and making additional awards to Arkel and one other offeror
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Represented Summit2Sea Consulting, an inventor specializing in computer software development, as an intervenor in a GAO protest
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Represented a South Carolina based small business in two separate GAO protests challenging the terms of two solicitations issued by the Department of Veterans Affairs
Publications
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)
Previous Experience
Representative Experience:
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.
Bid Protests
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.
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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