Larkin Ferrell attorneys bring the following experience to the firm:
Successfully protested the terms of the ENCORE III solicitation, which sought global IT services valued at $17.5 billion, resulting in a restructuring of the solicitation.
Successfully defended a bid protest that affirmed a contractor’s award of a $199 million task order to support the U.S. Department of Agriculture’s web-based supply chain management system—a system which supports food and nutrition programs serving over 30 million Americans and 280 million people worldwide.
Successfully defended a bid protest that secured for a major government contractor a $1.2 billion contract award issued by the U.S. Marine Corps for amphibious combat vehicles.
Successfully protested the Health Care Finance Administration’s contract award for maintenance and enhancement of the government’s Medicare file system as contrary to the evaluation criteria set forth in the solicitation.
Claims, Terminations & Disputes
Represented a major aerospace contractor in the Court of Federal Claims against the United States challenging a default termination. The litigation involved issues of superior knowledge, state secrets, impossibility, failure to make progress, waiver of the delivery schedule, technical specification compliance, the need for contracting officer discretion in terminations, incremental funding, a demand for the return of unliquidated progress payments, deferment agreements, an audit of $4 billion in incurred costs, resolution of numerous cost disallowances, and asset disposition. Following five trials and three appeals to the Federal Circuit, the litigation settled after the Supreme Court decided that the government’s assertion of the state secrets privilege rendered the litigation non-justiciable and the parties were left without enforceable contract claims.
Successfully litigated a contractual indemnification claim against the Corps of Engineers relating to the operation of a hydroelectric facility under a pre-CDA contract. Defeated the government’s defense that indemnification was precluded by contract because the damages were allegedly due to the fault or negligence of the client, and defeated the government’s argument that the contract was not the type of contract for which CDA coverage could be elected. The ASBCA awarded the client $234 million on its claim, plus interest totaling more than $100 million.
Counseled a major defense contractor after a significant helicopter program was terminated for convenience; representation included counseling and client training on preparation and negotiation of a termination settlement proposal, as well as development of a strategy to resolve hundreds of subcontractor termination claims.
Successfully overturned the default termination of five contracts where the VA alleged the contractor had failed to comply with small business subcontracting limits.
Successfully represented a communications company in landmark Court of Federal Claims and Federal Circuit litigation involving breach of contract claims against the U.S. government; claims sought multimillion dollar damages for NASA’s decision not to proceed with the scheduled launch of a commercial satellite in the wake of the Challenger disaster.
Represented a contractor in preparing a multimillion-dollar claim against the District of Columbia government for outstanding payments due and owing the contractor for the development and implementation of the District of Columbia’s health care access exchange under the Affordable Care Act.
Represented a small disadvantaged business in preparing a multimillion-dollar claim against the Metropolitan Washington Airports Authority for costs incurred by owner-caused delays to the project.
Negotiated a termination for convenience for an IT contractor threatened with default termination after a security incident compromised government employee financial information.
Retained as an expert to offer opinion and testimony on irreparable harm in an action for injunctive relief in Starlite Aviation Operations Ltd. v. Erickson Inc., No. 3:15-cv-00497 (D. Or. 2015).
Retained as an expert to offer opinion and analysis on organizational conflicts of interest in connection with a state-run health care procurement.
Retained as an expert to offer opinion and testimony on government contracts issues in legal malpractice litigation.
Other Government Contracts Matters
Counseled a defense contractor on cybersecurity and reporting requirements after a major cyber incident; directed forensic consultants on breach investigation and remediation.
Counseled a small business prime contractor on compliance with limitations on subcontracting.
Counseled a small business on impact of size certification requirements, and defended a size appeal.
Negotiated resolution on behalf of employer of multiple labor and employment disputes involving both union and non-union employees.
Provided HR consulting and program oversight to large non-profit organization.
Counseled employers on ERISA qualified retirement and health & welfare plans.
Counseled employers on compliance with the Affordable Care Act.