Mr. Vacura is a partner in the firm's Northern Virginia office and he heads the Government Contracts Group. His experience in government contract matters includes counseling, litigation, and claims development for major aerospace, shipbuilding, telecommunications, and electronics companies. His counseling experience includes due diligence reviews for domestic and foreign acquisitions, novation and assignment issues, drafting and negotiating teaming and joint venture agreements, technical data and nondisclosure agreements, export control, international anticorruption, national security, and standard domestic and international solicitations and contract/subcontract terms and conditions. For the past two years, Mr. Vacura has been named a Leading Lawyer in Government Contracts in the Chambers USA: America’s Leading Business Lawyers directory put out by Chamber & Partners Publishing. He also was named a Top Government Contracts Lawyer in 2006 by the Washington Business Journal.

Mr. Vacura has extensive litigation experience involving major weapon systems, software development, communications systems, technical data rights, and classified matters, as well as prime/subcontract disputes, bid protests, injunctive suits, Freedom of Information Act actions, and the Federal Tort Claims Act cases. He also served as interim division counsel for a major telecommunications and electronics client.

Mr. Vacura entered private practice after serving as a major in the U.S. Air Force Judge Advocate General's Department. With the Air Force, he served as a trial attorney for the Air Force Contract Litigation Division at the Pentagon, a procurement legal advisor for the Ballistic Missile Organization in California, a criminal defense counsel, and a prosecutor. Mr. Vacura has lectured and conducted seminars on a variety of federal procurement topics for clients, and for eGov, Federal Publications, the Contract Services Association of America, the Council of Defense & Space Industry Associations, the National Contract Management Association, and various Department of Defense organizations.

Mr. Vacura is an active member of the American Bar Association, and is a Vice-Chair of the Public Contract Law Section, Contract Claims and Disputes Resolution Committee, as well as the International Procurement Committee. He also serves on the Board of Governors for the Boards of Contract Appeals Bar Association.

Mr. Vacura is admitted to the bars of Minnesota, Virginia and the District of Columbia, as well as the Court of Appeals for the Federal Circuit, the Court of Federal Claims, and the District Court for the District of Columbia. He received his J.D. from William Mitchell College of Law in 1983 and his LL.M. in government procurement law from the George Washington University Law School in 1991. He graduated from the University of Texas with honors in 1974 (B.A., political science and psychology). He currently holds a Secret clearance.

Representative Experience: Litigation

• Represent major DOD aerospace company in "reverse" Freedom of Information Act case in federal district court seeking to enjoin the Air Force's release of confidential commercial information submitted in a proposal and incorporated into an Air Force contract. Based on the client's cross-motion for summary judgment, the court determined that the Air Force had not properly justified the basis for its decision to release the information, and remanded the matter back to the Air Force.
• Represented major developer in a $155 million Federal Tort Claims Act case against the Army for environmental damages related to property purchased pursuant to the closure of a former Air Force base.
• Represented major Defense contractor involving over fifteen directed and constructive changes to the contract requirements, as well as termination claims valued at over $27 million. The case involved the client's contract for the design, engineering development, fabrication, test, and certification for the Global Air Traffic Control Program related to military aircraft, and resulted in a favorable settlement for the client.
• Represent major Defense contractor at the Court of Appeals for the Federal Circuit in the Navy's appeal of a favorable ASBCA decision involving $30 million in breach of warranty claims related to the Navy's SQQ-89 antisubmarine warfare system. The case below included extensive motion practice, discovery on numerous technical issues, and a three-week trial involving multiple experts and numerous fact witnesses.
• Represent a major Defense contractor in "reverse" Freedom of Information Act case in federal district court seeking to enjoin the Air Force's release of confidential commercial information related to the satellite and space systems control network submitted in a proposal and incorporated into an Air Force contract.
• Represent a major Defense contractor involving directed and constructive changes to its shipbuilding contract with the Navy. The case involves schedule analysis experts and extensive delay and disruption valued at over $45 million caused by the Navy's changes to the technical baseline of the ship's systems.
• Represented leading supplier of oxidizing agent for solid propellant rocket motors in its request for equitable adjustment for directed and constructive changes to its supply contracts. The case resulted in a favorable settlement, which included restructuring the contract terms and conditions.
• Case involving a major DOD aerospace company in litigation before the Armed Services Board of Contract Appeals. The case involved over $1.8 billion in claims in a complex major weapon systems procurement, the C-17 aircraft. The case settled on the eve of the first of 8 scheduled trials for $480M, and numerous concessions concerning technical requirements.
• Represented a telecommunications company in litigation of over thirty constructive change and partial termination claims valued at over $200 million before the ASBCA. The case involved the client's contract to design, build, and test the Air Force's Consolidated Satellite Operations and Control Center (CSOC). The case settled shortly before the first trial through intensive, unassisted ADR, and provided a very favorable monetary settlement for the client and concessions by the Government regarding technical and performance issues.
• Case at the ASBCA involving $40M in constructive change and termination claims related to the highly complex technical effort to design, develop, and build a classified system for the Air Force. Obtained a very favorable settlement through unassisted ADR.
• Co-counsel, with another law firm, represented a major DoD aerospace company at the Court of Federal Claims involving $1 billion in claims for the Air Force's termination of a stealth missile contract. The program was classified as covert and involved approximately 30 million pages of documents.
• Represented major defense contractor pursuing constructive change and termination claims at the ASBCA involving a Defense Intelligence Agency contract to design, develop, and build a classified computer system for processing satellite imagery.
• Represented large telecommunications company in dispute with subcontractor on project to design and construct 32 meter antennas. Obtained favorable settlement through ADR.

Representative Experience: Bid Protest Experience

• Represented company developing and manufacturing space launch vehicles in its challenge to billions of dollars in sole source contracts being awarded by the Air Force. Through the litigation, the Air Force agreed to open the space launch contracts to competition on a yearly basis.
• Represented leading information management company in its protest of the award of a contract by the U.S. Department of Homeland Security for digitization of all Alien-File data that resides in the various U.S. Citizenship and Immigration Services centers.
• Represented engineering services company in its successful protest of the Navy's sole source award of a contract for training systems engineering services in support of the Navy's Aegis Cruisers and Aegis Destroyer baseline development. The protest challenged the award as an out-of-scope task order, and the Navy took corrective action in response to the protest.
• Represented the awardee of a Department of Housing and Urban Development contract for management and marketing services in connection with disposition of single-family homes and other property owned by HUD. The protester challenged at the GAO and the Court of Federal Claims virtually all aspects of HUD's evaluation and elimination of the protester from the competitive range. The GAO protest decision upheld the agency's evaluation and denied the protest on all counts. The subsequent protest at the Court was withdrawn after the Court denied the protester's request for a temporary restraining order.
• Represented information technology company in its protest of the State Department's award of a contract for information technology support services to be performed for the Chief Technology Officer within the Bureau of Diplomatic Security.
• Represented leading provider of geospatial and database products in its protest of the award of a contract by the National Geospatial-Intelligence Agency for mapping database software and geographic data as part of NGA's Homeland Security Infrastructure Database for all Federal, State, and Local users. The protest successfully challenged NGA's technical evaluations and the awardee's ability to meet the contract requirements. Based on the issues raised in the protest, the agency took corrective action and terminated the awarded contract.
• Represented commercial space launch contractor in successful protest of NASA's decision to procure data to demonstrate the ability of commercial space launch systems to support the International Space Station on a sole source basis. The anticipated $227 million sole source contract was challenged on numerous grounds involving complex technical and programmatic issues. Based on GAO's outcome prediction indicating a favorable decision for the protester, NASA agreed to take corrective action and to pay protest costs, including attorney fees.
• Represented major Defense contractor protesting NASA's contract for test operations services at the Stennis Space Center and the Marshall Space Flight Center. The matter involved multiple protesters challenging NASA's evaluations of technical issues, and its cost realism analysis. After a hearing and taking written testimony from the protester's expert witness, the GAO sustained the protest and recommended that NASA take corrective action. The client also recovered protest costs, including attorney fees.
• Represented leading provider of secure off-site data storage protesting Social Security Administration contract for the provision of all labor, facilities, and equipment for a secure off-site magnetic media vault facility for SSA's disaster recovery program. The protest challenged the awardee's ability to meet all of the minimum mandatory technical requirements stated in the solicitation. Based on the issues raised in the protest, SSA agreed to take corrective action.
• Represented awardee of a Navy contract for INMARSAT Saturn-Bm terminals high-speed modem capability, Saturn-Bm antennas, integrated antenna hand-over upgrade kits as well as engineering services and maintenance support for satellite communications on Navy ships. The protester challenged the Navy's evaluation of its technical solution and compatibility with INMARSAT requirements. The protest decision upheld the agency's evaluation and denied the protest on all counts.
• Represented major Defense contractor in the protest of the award of an Air Force contract for ground carts to cool aircraft avionics during maintenance. The protest successfully challenged the Air Force's technical evaluations and the awardee's ability to meet the minimum mandatory requirements. With the assistance of written testimony from the protester's technical expert, the Air Force agreed to take corrective action, settled the protest, and paid the client's attorney fees.
• Lead counsel representing a joint venture company awarded a $2.4 billion Army contract for the Abrams-Crusader Common Engine Program contract. The multi-billion dollar contract required the design, development, and fielding of a new propulsion system for the M1 Abrams main battle tank and the Crusader artillery system. The protester challenged all aspects the Army's technical evaluations, as well as life cycle costs and pricing issues. The protest itself was selected by the GAO as a test case for its E-Filing Pilot Project, which provided for electronic filings and submittal of electronic media. Protester withdrew the protest prior to the GAO issuing a decision.
• Represented major Defense contractor in defense of the Air Force's award of the Counterdrug Surveillance and Control System contract for a network of radar systems in the Caribbean and South America. Successfully argued government contract issues supporting the Department of Justice in the TRO/PI hearing.
• Represented the awardee of an information technology contract for electronic record conversion and recordkeeping of gun registration records for the Bureau of Alcohol, Tobacco and Firearms. The matter involved technical and pricing issues, requiring written testimony of an expert witness. The decision is one of several key cases interpreting the requirement for meaningful discussions after the FAR Part 15 rewrite.
• Represented major Defense contractor protesting the Navy's award of a $6.5 billion contract for the operation and management of the Bettis Atomic Power Laboratory. Protest involved extensive challenges to evaluation of technical proposals, and included substantial motion practice, multiple experts, and a GAO hearing.
• Represented protester of a Navy contract for comprehensive reduction and disposal of radioactive waste at the Pearl Harbor Naval Shipyard. Protest challenged technical evaluations involving complex waste disposal methods and technology. GAO sustained the protest based on various flaws in the evaluations raised by the protester.
• Represented an awardee of DoD's worldwide express small package delivery contract. A motion to dismiss caused the GAO to narrow the scope from numerous issues to one issue before production of the agency report. Upon review of agency report, the protester withdrew the protest.
• Represented awardee of contract for design, development, installation, and maintenance of inmate telephone systems in all federal prisons.
• Represented major Defense contractor protesting the Army's award of a contract for the design and development of war-fighting technology.
• Represented major Defense contractor concerning Navy's award of a contract for production of multiple lots of underwater anti-submarine warfare system.

Representative Experience: Counseling and Transactional

Due Diligence

• Represented an international transportation company in performing the government contract due diligence of over 90 government contracts for the $260 million acquisition of an international freight forwarding company.
• Represented major international company in its acquisition of a U.S. defense company.
• Provide counsel and advise on national security issues, including the Committee on Foreign Investment in the United States ("CFIUS").
• Conducted government contracts due diligence for Fortune 50 company in its acquisition of a European defense company.
• Represented Fortune 50 company in its attempted acquisition of a major U.S. defense contractor.
• Conducted due diligence for Fortune 10 company in its acquisition of a European defense company.

Intellectual Property and Technical Data

• Represented a Fortune 500 company in negotiations with the Government concerning rights in data related to electronic transactions.
• Counsel clients regarding protection of intellectual property and data related to e-business.
• Represent Fortune 500 companies concerning protection of intellectual property and data sought by competitors under the Freedom of Information Act.
• Provide counseling and review of intellectual property clauses and provisions for both prime and subcontractors for the Government.

Contractual Arrangements and Agreements

• Provided claims and contract related support for structured work-out negotiations for client manufacturing products controlled by the Nuclear Regulatory Commission.
• Provide counseling and review of agreements related to Foreign Corrupt Practices Act issues.
• Counsel clients concerning export control issues and compliance.
• Counsel clients regarding international anticorruption issues and compliance.
• Provide counseling and review of domestic and international teaming and joint venture agreements.
• Provided counseling and in-house training for major wireless telecommunications provider selling commercial items and services to the Government.
• Counsel clients and review contract terms and conditions related to the Government's implementation of secure E-Business.

Speeches and Articles

• "R&D Funding Agreements with the Federal Government: Focus on Intellectual Property." Morrison & Foerster Seminar, San Diego and Palo Alto, CA (March 8-9, 2005).
• "Lessons Learned: Subcontract Terminations for Convenience," In-House Client Training (February 2005).
• "Lessons Learned and the Bid Protest Process," In-House Client Training (January 2004).
• "Value-Based Contracting - It's Not Just Price Anymore," ABA Forum on the Construction Industry (2003 Fall Meeting).
• "ABA Past Performance Survey Results," 6th Annual Procurement and Quality Conference (May 2003).
• "Commercial Items More Opportunities At Less Cost and Risk," In-House Client Training (June 2002).
• "Government Business - Traps for the Unwary," Morrison & Foerster Update (April 2002).
• "Capitol Markets - Cool Strategies for a Hot Market," Morrison & Foerster Seminar, Palo Alto, CA (April 19, 2002).
• "Thriving in '02 - Finding Success in Today's Economy," Morrison & Foerster Seminar, Tysons Corner, VA (February 2002).
• "DoD 5000 Series Regulations Revisions," In-House Client Training (January 2002).
• "PKI Assessment Guidelines," American Bar Association, Information Security Committee (June 2001)(Contributing Author).
• "Freedom of Information Act: Protecting Trade Secrets Under Exemption 4," Aerospace Industries Association, Intellectual Property Spring Conference (April 3, 2001).
• "Regulatory Climate for E-Business – Rules, Laws and Regulations," Web-Enabled Government Conference (March 13, 2001).
• "Federal Government's Implementation of Secure E-Business," The Government Contractor E-Commerce Seminar (February 14, 2001).
• "Emerging Legal Issues in DOD's Shift to E-Business" The Government Contractor, Vol. 43, No. 3 (January 24, 2001).
• "When Contractors' Past is Prologue," The Legal Times, Vol. XXI, No. 6 (Jun. 22, 1998).
• "Past Performance: Making It Work For You," Government Contract Audit Report (March 1998).
• "Effectively Dealing With Past Performance," 19th Annual East Coast NCMA National Educational Conference (December 1998).
• "Warranty Versus Implied Performance," NCMA Frederick, Maryland Chapter (April 20, 1998.
• "Commercial Item Acquisitions," NCMA Free State Chapter (Dec. 17, 1998).
• "Past Performance and Experience," 1997 Nash and Cibinic Roundtable (Nov. 17, 1997).
• "Past Performance Issues," Grant Thornton Government Contracts Program (Jun. 1998).
• "Past Performance In Federal Procurement," D.C. Bar Government Contracts and Litigation Section Program (Jan. 13, 1998).
• "Commercial Item Procurements," National Contract Management Association NES, (April 17, 1997).
• "Implementation of the Past Performance Initiative," Contract Services Association Procurement '97 Workshop," (Mar. 11, 1997).
• "Fifteen Ways to Improve Past Performance Scores," Law Firm Update (March 1999).
• "Confidentiality and Privilege Issues on the Internet," Law Firm Government Contracts Law Bulletin (May 1996).
• "Claims Jurisdiction: When Costs Have Not Yet Been Incurred," Law Firm Government Contracts Law Bulletin (co-author) (1994).