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Shaun Kennedy

Partner

901 K Street NW, Suite 850, Washington, DC 20001
555 17th Street, Suite 3200, Denver, CO 80202

Shaun is a trusted advisor to clients in high-stakes bid protests and claims litigation, complex internal investigations, and general government contracts counseling.

Shaun serves as leader of the firm’s Government Contracts practice group and the firm’s Aerospace and Defense industry group.

He brings broad expertise of federal, state, and municipal government contracts matters. Shaun litigates complex bid protests and contract disputes in the Government Accountability Office, U.S. Court of Federal Claims, the U.S. Court of Appeals for the Federal Circuit, and various Boards of Contract Appeals. His depth of expertise includes advising clients in transactional matters, including contract negotiations, mergers & acquisitions, and government audits. Shaun also has extensive experience conducting complex internal investigations and representing clients under investigation by various federal law enforcement agencies.

Prior to joining Holland & Hart, Shaun was a Senior Counsel, Aerospace & Technologies for a large defense contractor. Shaun also served as a Judicial Law Clerk to the Honorable Loren A. Smith of the United States Court of Federal Claims.

Experience

  • Bid protests
  • Contract Disputes Act
  • Claims and REAs
  • Federal grants
  • FAR cost allowability
  • Business system audits
  • False Claims Act
  • Organizational conflicts of interest
  • Post-Government employment
  • Internal investigations
  • Fiscal law
  • Freedom of Information Act

Client Results

Bid Protests
  • Successfully prosecuted a bid protest in the Court of Federal Claims involving the award of a contract for the management of a laboratory at the Turner-Fairbank Highway Research Center.

  • Defended bid protest in the Government Accountability Office alleging improper organizational conflicts of interest in the award of a contract by the National Oceanic and Atmospheric Administration to support the National Data Buoy Center.

  • Successfully pursued a bid protest for the award of a contract by the NATO Support and Procurement Agency to provide air traffic control services at an airbase in Afghanistan.

  • Successfully pursued a state-level bid protest for the award of commissary services by the Department of Corrections of the State of Washington.

  • Obtained dismissal in a bid protest in the Court of Federal Claims of a $750 million Army procurement by successfully arguing that the protester did not have standing due to a disqualifying organizational conflict of interest.

  • Achieved corrective action a bid protest challenging a contract for construction services at F.E. Warren Air Force Base, resulting in the U.S. Army Corps of Engineers awarding the contract to our client.

Contract Claims
  • Advised a client in the preparation of a Contract Disputes Act claim submitted to the U.S. Department of Homeland Security, Immigration and Customs Enforcement, which resulted in a favorable settlement agreement that included a monetary payment and revision of a negative CPARS evaluation.

  • Defended an aerospace company before the Armed Services Board of Contract Appeals in a $140 million affirmative Government claim for breach of contract damages, resulting in a dismissal with prejudice.

  • Obtained a favorable settlement to resolve six consolidated Contract Disputes Act appeals before the Armed Services Board of Contract Appeals for the construction of a security enclave at the Naval Base Kitsap.

  • Litigated a prime/sub dispute in federal district court and negotiated a favorable settlement agreement to resolving allegations that a prime contractor improperly terminated a subcontractor.

  • Obtained a favorable settlement agreement in a dispute with the State of Colorado regarding a construction contract performed at the Pueblo Community College.

False Claims Act & Internal Investigations
  • Conducted an internal investigation on behalf of an aerospace company regarding an allegation of retaliation under the Defense Contractor Whistleblower Protection Act, resulting in a declination to investigate by the Department of Defense, Office of Inspector General.

  • Conducted an internal investigation relating to improper small business subcontracting practices, resulting in a declination by the United States Attorney’s office to intervene in a qui tam False Claims Act action.

  • Led an internal investigation on behalf of a Department of Energy management and operations contractor regarding compliance with purchasing system guidelines.

  • Represented a military parts manufacturer in connection with an Environmental Protection Agency search warrant and investigation conducted by the U.S. Attorney's Office alleging violations of the Clean Water Act.

  • Obtained a declination from the U.S. Attorney’s Office in connection with a False Claims Act investigation concerning improper representations and certifications relating to tax liabilities.

  • Successfully representing a small business contractor during an investigation conducted by the Department of Labor, Wage & Hour Division regarding compliance with the Service Contract Act.

General Counseling
  • Developed an internal policy and procedure on behalf of a research and development contractor to identify, avoid, and mitigate organizational conflicts of interest.

  • Assisted a military parts manufacturer to ensure compliance with relevant export control statutes and regulations, including drafting internal policy and assisting in employee training.

  • Advised a big data visualization provider in the development of its proprietary computer software to maximize data rights protections.

  • Advised a commercial software provider regarding compliance with GSA Scheduling requirements, including preparation of a Commercial Sales Practice disclosure.

News

Publications

Speaking Engagements

Education

Bar Admissions

Professional and Civic Affiliations

  • American Bar Association, Public Contract Law Section
  • National Contract Management Association
  • U.S. Court of Federal Claims Bar Association
  • Colorado Space Business Roundtable, Advisory Board, 2020-Present
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