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The Most Important Government Contracts Related Decisions of 2017


Level: Advanced
Runtime: 91 minutes
Recorded Date: February 01, 2018
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Agenda

12:00 pm - 1:30 pm
  • Garco Construction, Inc. v. Secretary of the Army, 856 F. 3d 938 (Fed Cir 2017)
  • United States ex rel. Harman v. Trinity Industries, Inc., 872 F.3d 645 (5th Cir. 2017)
  • United States ex rel. Vavra v. Kellogg Brown & Root, Inc., 848 F.3d 366(5th Cir. 2017)
  • Technology Systems, Inc., ASBCA No. 59577, 17-1 BCA ? 36,631; Lee's Ford Dock, Inc., ASBCA No. 59041, 16-1 BCA ? 36,298
Runtime: 1 hour and 31 minutes
Recorded: February 1, 2018

Description

What were the most important government contracts-related decisions issued in 2017, and *why* are these decisions important? What is the historical context that gives them importance?

Each of our esteemed panelists has agreed to present analysis of one or more decisions of his/her choosing, which will be punctuated by panel discussion.

This program was recorded on February 1st, 2018.

Provided By

American Bar Association
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Panelists

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E. Sanderson Hoe

Senior Of Counsel
Covington & Burling LLP

Sandy Hoe has practiced government contracts law for more than 40 years. His expertise includes issues of contract formation, negotiation of subcontracts, bid protests, the structuring of complex private financing of government contracts, preparation of complex claims, and the resolution of post-award contract disputes through litigation or alternative dispute resolution. His clients include major companies in the defense, telecommunications, information technology, financial, construction, and health care industries.

For several years, Mr. Hoe also practiced telecommunications regulatory law, appearing before numerous state public utility commissions in hearings to open the local exchange markets for new entrants under the Telecommunications Act of 1996.

For many years, he has been active in the Public Contract Law Section of the American Bar Association, where he was an author of the section’s original publication of “Subcontract Terms and Conditions.” From 1999 to 2011, Mr. Hoe co-chaired the Section’s committee on Privatization, Outsourcing and Financing Transactions and from 2005 to 2008 served on the Section Council. Prior to his service in the ABA, for six years he was on the Steering Committee of the Section on Government Contracts and Litigation of the District of Columbia Bar, including three years as co-chair.

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Karen L. Manos

Partner
Gibson Dunn & Crutcher LLP

Karen L. Manos is a partner resident in Gibson Dunn’s Washington D.C. office and Co-Chair of the firm’s Government and Commercial Contracts Practice Group. Ms. Manos graduated in the top two percent of her class at the U.S. Air Force Academy (B.S., distinguished graduate, 1981), and graduated first in her class from the Duke University School of Law (J.D., with highest honors, 1986), where she was a Note Editor for the Duke Law Journal. Ms. Manos has more than twenty-five years experience on a broad range of government contracts issues, including civil and criminal fraud investigations and litigation, complex claims preparation and litigation, bid protests, qui tam suits under the False Claims Act, defective pricing, cost allowability, the Cost Accounting Standards, and corporate compliance programs.

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John S. Pachter

Member
Smith, Pachter, McWhorter PLC

A practitioner of government contract law for more than 50 years, Mr. Pachter has engaged in substantial litigation before the Boards of Contract Appeals, the United States Court of Federal Claims, Federal District Courts, and the United States Court of Appeals for the Federal Circuit. He has prosecuted bid protests before the Government Accountability Office, the General Services Board of Contract Appeals, the United States Court of Federal Claims and Federal District Courts.

Mr. Pachter’s practice has involved dispute resolution in all areas of government contract law, including prime-subcontractor disputes, both in litigation and under alternative dispute resolution procedures.

In the bid protest area, Mr. Pachter’s practice has involved agency best value determinations, past performance, meaningful discussions, task order contracts, sample task issues, organizational and personal conflicts of interest, cost realism analyses, competitive range controversies, technical evaluations, bid mistakes, and other issues.

Mr. Pachter has represented a number of clients in the debarment area, and obtained the first reversal in federal court of a Service Contract Act debarment. Federal Food Service, Inc. v. Donovan, 658 F.2d 830 (D.C. Cir. 1981).

He has also represented and counseled clients on fraud and compliance investigations, audits, corporate governance and ethics, and defense of qui tam actions. Other work has included defective pricing, cost determination, requests for equitable adjustment, licensing of intellectual property, subcontractor performance issues, small and small disadvantaged business matters, terminations for default and convenience, GSA schedule contracts, task order contracting, multiple awards, commercial products and requests for government information.

In 2012 Mr. Pachter was the first recipient of the Allan J. Joseph Excellence in Leadership Award, conferred by the ABA's Section of Public Contract Law. The award recognizes “exceptional effort and accomplishments” as well as “extraordinary contributions” to the Section.

In October 2007, the Department of the Army appointed Mr. Pachter to serve as Independent Monitor to supervise ITT Corporation's performance under an Administrative Compliance Agreement. ITT entered into that Agreement in connection with a Guilty Plea and Deferred Prosecution Agreement regarding violations of the Arms Export Control Act at the Night Vision component of ITT Defense Electronics & Services.

Since then Mr. Pachter has served as monitor in four additional matters. He has also served as an expert witness in several cases.

In 2004, the Legal Times recognized Mr. Pachter as a Leading Lawyer in Government Contracts. He has also been listed in Virginia Super Lawyers, and in Chambers USA, America's Leading Lawyers for Business and Nationwide Leading Lawyers.

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Honorable Reba A. Page

Judge
Armed Services Board of Contract Appeals

Judge Page is admitted to the Kentucky, Florida, and District of Columbia Bar Associations, and is an active member of the American Bar Association, Judicial Division and Public Contracts Section.

Judge Page was appointed in 1994 to the U.S. Army Corps of Engineers Board of Contract Appeals and later served as chairman; she has been judge for of the Armed Services Board of Contract Appeals since 2000. She previously was regional counsel for the Corps in Cincinnati, OH; Deputy Commissioner, Kentucky Department for Environmental Protection; and began her legal career in corporate work.

Judge Page frequently lectures and publishes on government contracts, trial practice and dispute resolution, and is an adjunct faculty member of the National Judicial College, University of Nevada at Reno.


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