Raymond F. Monroe

Principal

Representative Matters

Litigation: Contract Claims/Case of First Impression/Board of Contract Appeals

  • 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.

Litigation: Protests/Construction/Federal Court

  • Bombardier Transportation (Holdings) USA, Inc. v. Metropolitan Washington Airports Authority, Civ. Action 03-343-A (E.D. Va. Aug. 6, 2003).  Successfully represented 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.

Litigation: Protests/Case of First Impression/Federal and State Courts

  • 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.

Litigation: False Claims Act

  • Successfully defended a major government contractor in a jury trial in the U.S. District Court for the Eastern District of Virginia against alleged violations of the Civil False Claims Act brought by qui tam relators concerning performance of inspections under a telecommunications contract at an Army Base.

Counseling: Disaster and Hazard Mitigation Contracts and Grants

  • Counseled on all aspects of the design and implementation of procurement, accounting, auditing, and compliance systems relating to expenditure of FEMA Stafford Act grant funds for disaster response and hazard mitigation by a private, for-profit entity acting as agent for a state entity under a unique arrangement created by state statute to enhance operations through the use of the private sector to operate and maintain a state-owned utility.
  • Counseled re-insurance companies on the federal procurement opportunities (and associated risks) under the Biggert-Waters Flood Insurance Reform Act of 2012, which provides potential opportunities for privatizing reinsurance of the National Flood Insurance Program.

Counseling: Due Diligence

  • Organized and performed a multi-country due diligence in connection with the expansion of the international public procurement business of one of the world's leading providers of Infrastructure as a Service (IaaS) Cloud Computing.

Counseling: Energy, Renewable Energy, and Utilities

  • Counseled energy services companies and utilities from the inception of laws authorizing ESPCs and Utility Energy Service Contracts (UESCs), including how to continue operations and secure funding in light of the Armed Services Board of Contract Appeals (ASBCA), decision holding that Solar Renewable Energy Credits (SRECs) cannot be included in the calculation of “energy savings” under ESPCs and that the provisions in contracts that include SRECs in energy savings are “invalid.”
  • Counseled companies on the requirements of The Moving Ahead for Progress in the 21st Century Act (MAP-21), including the impact on utilities of MAP-21’s Buy America provisions.
  • Represented a large non-regulated affiliate of a major utility to identify key risk areas and to mitigate performance issues in anticipation of potential high media and congressional visibility relating to the U.S. Army Energy Initiatives Task Force's $7 billion multiple award task order procurement for locally generated renewable and alternative energy using Power Purchase Agreements or their equivalents.

Investigations

  • Represented numerous contractors in internal and external investigations, including investigations relating to potential mandatory disclosures, criminal and civil fraud investigations, and grand jury investigations.

Suspension and Debarment

  • Represented contractors of all sizes in internal and external reviews and implementation of continual improvement measures related to mitigating the risk of suspension and debarment including compliance reviews, revised policies and procedures, self-imposed monitors, and presentations before suspension and debarment officials with matters often involving other overlapping criminal and/or civil proceedings.

Ray handled some of these matters before joining Miles & Stockbridge in 2014.