Shaun Kennedy

Client Results

• 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.

• 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.

• 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.

• 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.