David R. Johnson

Led a litigation team at the CoFC in obtaining a dismissal of several protest actions seeking an injunction against a task order award extension for V&E’s client on the Department of Education’s student loan collection program contract

Lead counsel on successive successful GAO bid protests, twice obtaining corrective action by the Department of Homeland Security (DHS) to reevaluate two contract awards under the same procurement, resulting in the client retaining its incumbent contract work

Obtained summary dismissal of a protest at GAO against a client’s contract award where the protestor attempted to challenge the client’s compliance with the solicitation requirements 

Successfully prosecuted an agency-level bid protest at the U.S. Army, convincing the government to terminate a contract award to the client’s competitor for automated installation entry hardware and software for dozens of military installations, which allowed the client to perform additional work under its incumbent contract

Successfully defended a protest at GAO, defeating the protester’s challenges to the agency’s technical evaluation and the small business size status of our client, allowing the client to keep the contract

Successful lead counsel in obtaining corrective action on two simultaneous task order GAO bid protests for one of the world’s largest audit, tax, and advisory services firms

Served as lead counsel in the successful defense of a protest by our client’s competitor against a Customs and Border Protection (CBP) contract award for supply of inspection equipment before GAO

Successful lead counsel on a significant GAO bid protest decision finding material misrepresentation in a competitor’s proposal, and GAO fund proposals should be reevaluated

Successful lead counsel in defending $100+ million contract award before the FAA’s ODRA

On behalf of a security company, convinced the Department of Housing and Urban Development (HUD) to take corrective action on a bid protest at the GAO against unduly restrictive specifications for nationwide services

Defended a GAO bid protest alleging OCI in the award of a National Security Agency (NSA) contract, resulting in the client keeping its contract award

Assisted in the preparation of a substantial request for equitable adjustment (REA) and the conversion of that REA to a Contract Disputes Act (CDA) claim against the National Oceanic and Atmospheric Administration (NOAA) related to defective specifications on a major shipbuilding contract

On behalf of a software company, prepared a claim resulting in payment of compensation for violations of licenses by a component of a large state university system

Advised on the preparation of a claim related to changes, delays, disruptions, and nonpayment on a U.S. DOD Educational Activity (DoDEA) school project

Assisted a leading aerospace contractor in preparing one of the largest delay and disruption claims ever prosecuted against the U.S. government, having lead responsibility for a $1 billion component of the claim

Prepared and successfully negotiated the resolution of a claim against the State of California Department of Technology Services arising out of software license breaches resulting from a statutorily mandated reorganization and consolidation

Prepared numerous defective specification claims, a number of which the government accepted without requiring the contractor to commence litigation

Defended against a government claim that the contractor-client had failed to meet a mean-time-between-failure (MTBF) reliability requirement

Prepared and resolved substantial claims involving energy savings performance contracts (ESPC)

Led an effort by a team of V&E lawyers to obtain a TRO at the CoFC against the U.S. Navy’s attempt to override an automatic stay of contract performance imposed under CICA

On a successful appeal of a summary judgment dismissal of a subcontractor pass-through claim, convinced the Federal Circuit to reverse a CoFC decision; in doing so, the Federal Circuit adopted contract interpretation arguments of a prime/sub release based on the law of the state where the Federal project was located

For a leading information technology company, defended a multiparty litigation and obtained a settlement through mediation whereby the client owed nothing in damages and was indemnified for all legal fees and expenses

For an architect-engineering firm, defended a claim brought by the Naval Facilities Engineering Command (NAVFAC) for an allegedly defective civil engineering design

For an architect-engineering firm, defended a claim brought by the City of Chicago for the allegedly defective design of the O’Hare International Terminal

For an environmental remediation company, prepared and prosecuted a differing site conditions claim against the Dallas/Fort Worth International Airport in Federal District Court in Fort Worth, Texas

For a government construction contractor, obtained a favorable decision at the Armed Services Board of Contract Appeals (ASBCA) for a claim resulting from a defective specification

For a major national construction firm, established an argument that led to a court injunction against an owner that sought to initiate arbitration of a dispute beyond the applicable statute of limitations

For a facilities operations contractor working under a municipal government school district contract, obtained summary judgment for all damages sought under contract interpretation in Federal District Court in Maryland (monetary damages)

Successfully defended a supplier to the Department of Defense (DOD) in an investigation of alleged substitute and non-complying parts, resulting in a modest settlement and an agreement that the DOD would not seek suspension or debarment

On behalf of a construction company, obtained a termination of a General Services Administration (GSA) debarment proceeding in a matter involving a conviction of an employee for bribery of government officials

On behalf of an equipment manufacturer, substantially mitigated a U.S. Navy SDO-imposed debarment period in a matter involving forgeries of government signatures on materials provided as part of Small Business Administration (SBA) application documents

On behalf of an electronic connector manufacturer facing allegations of product substitution, persuaded the Defense Logistics Agency (DLA) Suspension and Debarment Official (SDO) to terminate a proposed debarment with no adverse action to the client within 30 days of the agency’s issuance of the notice of proposed debarment

For a large independent oil and gas producer, working in conjunction with a V&E Environmental Partner, provided strategic and legal advice to successfully resolve and close out without further action a debarment proposed by the Environmental Protection Agency (EPA) resulting from a conviction under the Clean Water Act (CWA)

On behalf of a diversified multinational corporation, negotiated an administrative agreement with an agency SDO, which resulted in no interruption to the corporation’s ability to do business with the Federal government

Retained as professional counsel by a non-Washington D.C. law firm to assist in defeating a proposed debarment of a southwestern U.S. independent oil and gas producer brought by the Department of Interior (DOI) based on alleged violations of a Bureau of Land Management (BLM) order

Retained by a large public utility to provide advice and assistance related to cost allocations and performance irregularities identified on a number of Department of Energy (DOE) cost sharing agreements

Advised a Fortune 100 company on issues pertaining to the negotiation and establishment of a project under a large Recovery Act-related grant and provided ongoing counseling and advice in the performance and ultimately, the close out of the financial assistance agreement

Successfully negotiated a teaming agreement among four large defense contractors for the implementation of the U.S. Army’s noncompetitive acquisition strategy for an advanced field artillery system and future armored resupply vehicle program

Retained by a U.S. Navy contractor on a project valued at greater than $1 billion to advise on a wide variety of government contract-related issues, including performance requirements, default and suspension issues, and FOIA issues, arising in the midst of a project performance crisis

Advised a Fortune 100 client in establishing effective Buy American Act manufacturing and purchasing processes, as well as assisting clients in waiver requests and voluntary disclosures relating to Buy American Act requirements on U.S. government procurements and grant programs

Worked with a team of V&E government contracts lawyers to investigate and address with certain DOD components a contractor’s possible failure to perform required testing on certain supplies for aircraft and ships, which ultimately resulted in the contracting authority and the relevant SDO closing the matter without fine or penalty

Assisted in the development and implementation of a government contracts ethics and compliance program at a Fortune 100 company

After serving as lead counsel on a series of successful GAO bid protests to overturn a U.S. Army decision to keep operations and maintenance work in-house for the former Walter Reed Medical Center in Washington, D.C. (see, Johnson Controls World Services, Inc., B-295529.2, -.3, -.4, -.6) was retained in coordination with a team of lobbyists and other specialists to advise on crisis management issues related to Congressional and media inquiries about the operation and closure of the facility

Served as the lead regulatory lawyer for the acquirer overseeing all government contracts and national security (DSS, CFIUS, DDTC) aspects of a $6 billion satellite industry merger, involving an ultimate foreign parent purchaser 

Retained by a cutting edge technology client with ultimate foreign ownership to assist the client in obtaining agreement from DSS on acceptable mitigation of foreign ownership control or influence in order to obtain a facility security clearance to enable the client to perform classified work for the U.S. government 

Retained by a Fortune 100 company to investigate and disclose to DDTC possible ITAR violations of a newly acquired entity

As part of the closing of an almost $1 billion transaction, led the investigation and voluntary disclosure of numerous possible ITAR violations, resulting in a quick closeout of the issues at DDTC without fine or penalty

Investigated and assisted the client in voluntarily disclosing the possible export to destinations proscribed under the ITAR of certain United States Munitions List (USML)-controlled drawings, resulting in DDTC’s close out of the matter without fine or penalty

Defended a major aerospace company against a multimillion dollar civil sanctions charge brought by DDTC, alleging violations of the ITAR

Retained as specialty DSS counsel multiple times by a significant private equity firm to advise on FOCI issues in co-investments with a foreign sovereign wealth fund

Served as special counsel to an outside independent monitor of companies under compliance consent agreements relating to export controls violations

For a Fortune 100 company, handled and resolved without penalty a voluntary disclosure involving possible violations of the Foreign Trade Regulations (FTR) administered by the Census Bureau

For a Fortune 100 company, led an investigation, preparation of a voluntary disclosure, and the resolution that disclosure at OFAC without fines or penalties concerning possible violations of the Iran sanctions related to a divestiture of a European operation of the company

Teamed with one of V&E’s White Collar Partners, successfully defended a non-U.S. oil and gas field supplier criminally charged in U.S. federal court for violating the Iran sanctions for diverting products

Retained by a Chinese oil and gas company to address the improper identification of it on numerous state and local government entity sanctions lists for allegedly doing business in Iran

Retained by a government contractor operating under a Special Security Agreement (SSA) with DSS to investigate possible internal compliance issues under the NISPOM

Retained by a private equity firm divesting of a line of businesses that included a U.S.-based oil and gas services business on the eve of the close of a transaction to handle all DDTC/ITAR-related requirements and a CFIUS filing which had not been identified by non-U.S. deal counsel; working with the buyer’s counsel from another AMLAW 100 firm, achieved a closeout within 30 days of filing at CFIUS, substantially mitigating disruption to the transaction

As part of a V&E deal team, led all aspects of diligence responses and divestiture of a large engineering firm’s business to a foreign-owned buyer that required the establishment of an SSA company and a separate Proxy company to address FOCI mitigation issues

Led the buyer’s side on CFIUS, U.S. export control and DSS issues of an acquisition by a foreign-owned entity of a Big Data software company and established a mitigated entity approved by DSS, allowing the company to continue to perform its full array of government contracts and subcontracts

Served as lead export/trade regulation counsel on Shougang/BeijingWest Industries’ acquisition of Delphi Corporation’s automobile parts business, which was named by Asian-Counsel magazine as one of the “Deals of the Year 2009”