Bid Protests: What's Hot and What's Not

Bill Walter, Director in DHG’s Government Contract Advisory practice, has over three decades of experience in the government contracting industry. Prior to joining the firm, Bill was an auditor for the Defense Contract Audit Agency and held executive-level positions with one of the largest service providers to the Department of Defense.

Bill’s extensive background in the application and interpretation of rules, regulations, and standards applicable to government contractors includes the Federal Acquisition Regulation (FAR), individual agency supplements, and the Cost Accounting Standards (CAS). His experience and perspective provide DHG clients with sound guidance regarding real business challenges and a diverse portfolio of solutions.

Bill’s work includes helping clients understand the requirements associated with developing and implementing pricing strategies, indirect cost allocation solutions, developing accounting, estimating, procurement, project management, and integrated system requirements for clients in various industries including aerospace and defense, contingency contracting, logistics, oil and gas, energy, manufacturing, healthcare, construction, and professional services.

As a faculty member of the George Mason University (GMU) and the Public Contracting Institute (PCI) Government Contracts Program, Bill has developed and taught courses on many facets of contracting. In addition, Bill leads PCI’s “Trending Cost Issues” program, providing monthly updates on topics relevant to the Government Contracting industry. Bill is also a highly sought-after presenter on current topics to industry groups in the federal procurement arena.

Bill regularly writes articles on current industry trends for publications such as Government Contract Costs, Pricing & Accounting Report.

Brad Tress, Manager in Dixon Hughes Goodman's Government Contracting Practice, has more than seven years of experience performing auditing, accounting and consulting services for clients ranging from small businesses to top ten government contractors. He has an extensive background in the application and interpretation of the Federal Acquisition Regulations (FAR), the Cost Accounting Standards (CAS), and other rules, regulations and standards applicable to government contractors. Brad’s work at DHG includes assisting clients with:

• Review of internal control processes and process improvement
• Accounting policy manual creation and updates
• Indirect cost rate strategy and preparation
• Forward Pricing Rates and financial projections
• Cost and price analysis
• Preparation of CAS Disclosure Statements
• Incurred Cost Submission preparation, review and audit
• Contractor support during DCAA audit
• Accounting system surveys and examinations
• Litigation support

Aron Beezley, Partner, Bradley

Aron Beezley’s practice is focused primarily on government contracts law. Named one of the “Top Attorneys Under 40” nationwide and a “Rising Star” in Government Contracts Law by Law360 in 2016-2017, and listed in Washington, D.C. Super Lawyers as a “Rising Star” in Government Contracts Law in 2014-2018, Aron’s vast experience includes representation of government contractors in a variety of industries and in all aspects of the government-contracting process, including negotiation, award, performance and termination.

Having litigated some of the most high-profile and noteworthy government contracts cases in recent years, his practice is particularly focused on the litigation of contract claims and bid protests before the U.S. Court of Federal Claims, the U.S. Court of Appeals for the Federal Circuit, the Government Accountability Office (GAO), and the Boards of Contract Appeals. In this connection, Law360 noted that Aron’s “work on high-stakes government contracts litigation [] has included some of the most consequential recent decisions in the area…” Law360 has also remarked that Aron “has racked up victories for clients in challenges to government contract awards, including Integrated Nuclear Productions Solutions’ successful bid protest of a $22.8 billion Department of Energy deal…”

Aron’s practice also is focused on day-to-day counseling of government contractors, including matters involving:

• Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) compliance
• Small business/socio-economic/veteran-owned business/ HUBZone/woman-owned business/AbilityOne contracting
• Small Business Administration (SBA) mentor-protégé programs
• Federal construction contracting
• SBA size/status protests and appeals
• Joint venture (JV) and teaming issues
• Organizational conflict of interest (OCI) issues
• Freedom of Information Act (FOIA) issues
• False Claims Act (FCA) issues
• Merger and acquisition due diligence reviews for federal contractors
• Cost and pricing matters
• Ethics compliance and investigations
• Buy America and Buy American requirements
• Executive Orders and other labor and employment standards applicable to federal contractors
• “Mandatory disclosure” issues
• State and local government contracts issues and protests
• Suspension and debarment actions
• Corporate issues for federal contractors
• Civil anti-trust issues pertaining to federal contractors
• Service Contract Act (SCA) issues
• Commercial item contracting
• Subcontracting issues
• U.S. Postal Service protests and disagreements 
• Anti-Deficiency Act issues
• Audit issues
• Foreign Corrupt Practices Act (FCPA) issues
• Davis-Bacon Act (DBA) compliance issues
• Cybersecurity issues
• Contract novation and change-of-name issues
• “Revolving door” restrictions
• Truthful Cost or Pricing Data (f/k/a Truth in Negotiations Act (TINA)) requirements
• Terminations for convenience and default
• Grant and cooperative agreements, including compliance with the Uniform Guidance issued by the Office of Management and Budget (OMB)

Aron received his LL.M in Government Contracts Law from The George Washington University Law School. Aron also served as a judicial extern to the Hon. Susan G. Braden, the former Chief Judge of the U.S. Court of Federal Claims, where he assisted in handling a variety of cases in the government contracts context.

Aron currently serves as a vice chair of the ABA Bid Protest Committee, and he also serves on the PubKLaw Advisory Board. Additionally, Aron is a prolific author of articles on legal issues affecting government contractors. He is also a frequent speaker on – and regularly is quoted by news outlets about – legal issues impacting government contractors.