Government Contracting

Bombardier Transportation (Holdings) USA, Inc. v. MWAA, Civ. Action 03-343-A (E.D. Va. Aug. 6, 2003). Successfully represented the MWAA in a protest of the award of the $180 million design-build construction project for the Automated People Mover System at Dulles International Airport.

Appeal of The Boeing Company on behalf of Lockheed Martin Corporation, ASBCA No. 54853 06-1 BCA 33,270 (April 12, 2006). Led a team representing the world's largest defense contractor in a $230 million sponsored claim before the Armed Services Board of Contract Appeals involving ten contracts and subcontracts to manufacture state of the art rocket motors during the Cold War. The case raised complex issues of first impression concerning government contract indemnification clauses authorized under Public Law 85-804, insurance, and recovery of environmental remediation costs and toxic tort litigation expenses coordinated with CERCLA litigation, remediation activity, and DCAA audits. The case established that the ASBCA has Contract Disputes Act jurisdiction over claims based on 85-804 indemnification clauses.

Restructuring of a full-service software development company that provides program management, software development and testing, training and advanced analytic solutions for the Intelligence Community.

Restructuring of a private company that provides high-end computer network operations and related technical support to various U.S. government agencies and other commercial technology vendors in support of the national security mission.

Sale of 3H Technology LLC, a specialized information technology company serving the U.S. government and commercial clients, to Apogen Technologies Inc., a subsidiary of QinetiQ Group plc.

Sale of a classified systems engineering and technical assistance (SETA) provider to a confidential, leading mid-tier contractor to the DoD, Intelligence Community and NASA.

Represented management team of EOIR Technologies, Inc., a provider of advanced solutions in cloud computing, big data analytics and C4ISR, in sale to Arlington Capital Partners.

Sale of a computer integration defense contractor to Science Application International Corporation (SAIC), a Fortune 100 technology and consulting company.

Sale of a software development, systems integration and operational support company providing high-level security systems to intelligence agencies to a U.S. public company.

Sale of a software development, systems integration and operational support company providing high-level security systems to intelligence agencies to a U.S. public company.

Sale of Agency Consulting Group, Inc., a provider of highly technical solutions for cloud computing analytics, critical systems infrastructure and specialized mission solutions in support of the National Security Agency (NSA), to Vistronix, LLC.

Sale of ALTA Systems, Inc., a CMMI Level 3 information technology company that provides IT support services to various U.S. Government agencies (including the Centers for Medicare and Medicaid Services) and commercial customers, to ManTech International Corporation (NASDAQ: MANT).

Sale of Atlantic Coast Telesys, a computer integration defense contractor, to Science Application International Corporation (NYSE: SAIC).

Sale of Conquest Inc., a provider of advanced, large-scale systems and software technology solutions for federal and commercial organizations, to The Boeing Company (NYSE: BA).

Sale of data center and colocation facilities in mid-Atlantic region to private equity group.

Sale of Denali Solutions, LLC, a global leader in records management systems (RMS), investigative and administrative solutions, to state and local public safety agencies to Intergraph Corporation, a world leader in public safety and security software solutions.

Sale of e.Magination Network, LLC, a software engineering and web development company, to Bridgeline Digital, Inc. (NASDAQ: BLIN).

Sale of Immediate Response Technologies, LLC, a provider of shelters, respirators, personal protection and life support products for militaries, first responders and law enforcement agencies, to AirBoss of America Corp. (TSX: BOS).

Sale of Kimmich Software Systems, Inc., a government contractor engaged in cyber operations, signals processing, data analytics, software development and systems engineering, to Vistronix, LLC.

Sale of Objective Solutions, Inc., an engineering solutions provider for the Intelligence Community that focuses on data analytics, cyber network security and digital signal processing, to Vistronix, LLC.

Sale of OGSystems, LLC, an innovative solutions provider with advanced technologies in geospatial intelligence, big data analytics and insider and counterintelligence threats, to Parsons Government Services Inc.

Sale of RABA Technologies, a software development, systems integration and operational support company providing high-level security systems to intelligence agencies, to SRA International, Inc.

Sale of Special Operations Technology, Inc. (SOTECH), an information technology and professional services company that provides integrated commercial-off-the-shelf-based intelligence and operational solutions to U.S. law enforcement agencies, and two affiliated companies (Zu Industries, Inc. and Bushido Communications LLC) to Ultra Electronics Holdings plc (LSE: ULE) for $118 million.

Sale of Urban Robotics, Inc., a provider of hardware and software solutions for 3D intelligence, surveillance and reconnaissance (ISR), remote sensing and geospatial applications, to OGSystems, LLC.

Sale of Ventura Solutions, Inc., a hardware and software engineering company that provides custom solutions for the Intelligence Community, to The Boeing Company (NYSE: BA).

Sale of Wavefront Technologies, Inc., a specialized engineering services firm that provides systems and network engineering, software development and analytical services for cyber and mission-focused programs within the Intelligence Community, to Ball Aerospace & Technologies Corp., a subsidiary of Ball Corporation (NYSE: BLL).

Sale of White Cliffs Consulting, LLC, a recognized leader in the digital discovery domain at the National Security Agency that applies multidisciplinary high-end technical analysis and engineering to the entire end-to-end Signals Intelligence (SIGINT) and cyber capture, sort and analysis process, to Novetta Solutions, LLC, a portfolio company of Arlington Capital Partners.

Sale of Zytel Corporation, a provider of cyber security systems and expertise in support of the U.S. intelligence, counterterrorism and cyber warfare missions, to Sotera Defense Solutions, Inc. (f/k/a Global Defense Technology & Systems, Inc. (NASDAQ: GTEC)) for $26.8 million.

A Miles & Stockbridge team served as sell-side counsel for a large Maryland pest control company in the sale of the business to a Swedish-based pest control company. The deal involved sophisticated government contract matters because of the sale to an international buyer.

Served as Court appointed officer to sell the stock of a company engaged in the business of systems engineering, integration and communication in the intelligence and defense industry.

Served on the government litigation team that litigated and resolved the largest contract claim appeal ever asserted against the U.S. Army.

Protest of Apptis, Inc., 10-ODRA-00535, Mar. 25, 2011. Successfully defended the award of an $800 million systems engineering contract to intervenor Booz Allen Hamilton in a protest containing a large number of counts. In a 105-page opinion, the FAA’s Office of Dispute Resolution denied every count.

Serco, Inc. v. United States, 101 Fed.Cl. 717 (2011). Successfully obtained a TRO at the U.S. Court of Federal Claims for Serco, Inc., as part of Serco’s protest of the Army’s award of a contract to provide certain services at an Army depot.

Successfully obtained corrective action for a protester at the GAO challenging the award of a logistics support task order to another company early in the protest proceedings.

Successfully represented a defense contractor that had been suspended – twice – from performing Government contracts; convinced the Navy Suspension and Debarment Official to lift the two separate suspensions. As part of lifting the first suspension, the agency lawyer said that we had “decimated” the administrative record.

Washington-Dulles Transportation, Ltd., v. Metropolitan Washington Airports Authority, Civ. Action 02-1656, 87 Fed. Appx. 843 (4th Cir. Jan. 30, 2004), cert. denied, 543 U.S. 813 (Oct. 4, 2004).  Successfully represented the Metropolitan Washington Airports Authority (MWAA), the interstate compact that runs Reagan National and Dulles International Airports, in a protest of the award of the taxicab concession contract at Dulles Airport establishing in a case of first impression the review and oversight roles of the federal and state courts over MWAA.

Tax-free restructuring of two government defense contractors, one providing software and hardware services, and the other providing environmental consulting services.

The restructuring of ownership and financing, and the establishment of an Employee Stock Ownership Plan for a government contractor involved in the information technology business.

Transfer of a privately-owned defense-based facilities design and development company to a Special-Purpose Acquisition Company.

Sale of OGSystems, LLC, an innovative solutions provider with advanced technologies in geospatial intelligence, big data analytics and insider and counterintelligence threats, to Parsons Government Services Inc.