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Best Practices for Pursuing Government Contracting Opportunities: Lessons Learned from Bid Protests

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Please join us for the sixth session in our monthly series covering the latest in government contracting, explaining the “why”...

Please join us for the sixth session in our <a rel="noopener" href="https://govcon.mofo.com/topics/announcing-morrison-foersters-government-contracts-remote-learning-series.html" target="_blank">monthly series</a> covering the latest in government contracting, explaining the “why” and “how” of a particular legal problem, and lessons available from recent case decisions that inform how to navigate it.In this session, Kevin Mullen and Sandeep Nandivada will cover winning strategies for government contractors pursuing contracting opportunities, from initial solicitation analysis to post-award bid protest considerations. Kevin and Sandeep will draw on their extensive experience litigating bid protests at the Government Accountability Office and the U.S. Court of Federal Claims to provide practical and actionable guidance. Topics will include:<ul><li>Analyzing Solicitations</li><li>Developing Effective Proposals</li><li>Landmines for Government Contractors</li><li>Common Government Evaluation Errors</li><li>Bid Protest Considerations</li></ul>Morrison & Foerster Speakers: Kevin Mullen – Co-Chair and Partner, Government Contracts Practice Sandeep Nandivada – Associate, Government Contracts PracticeCA, NY, and VA CLE credit is pending.<hr>

Morrison & Foerster’s Government Contracts Remote Learning Series

Best Practices for Pursuing Government Contracting Opportunities: Lessons Learned from Bid Protests

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Sandeep Nandivada is a partner in the Litigation Department of Morrison & Foerster’s Washington, D.C. office. Sandeep’s practice focuses on civil litigation, complex internal investigations, and government contracts compliance, including matters related to cybersecurity and data breaches.Sandeep’s civil litigation practice focuses on bid protests, contract claims, subcontract disputes, and False Claims Act matters. He has litigated numerous protests before the Government Accountability Office, U.S. Court of Federal Claims, and the Small Business Administration Office of Hearings and Appeals across an array of subject matters—including some of the largest and most-high profile public procurements. Sandeep also has supported clients on significant claims, requests for equitable adjustments, and subcontract disputes involving a variety of performance or cost related issues.In addition, Sandeep has extensive experience conducting investigations with False Claims Act, Anti-Kickback Act, Procurement Integrity Act, and suspension and debarment implications. He has advised clients regarding procurement fraud, anti-corruption, procurement integrity, defective pricing, and cybersecurity, and has assisted clients with voluntary and mandatory disclosures under the FAR. Sandeep also was seconded to Northrop Grumman as Investigations Counsel.Sandeep also regularly advises clients on FAR and DFARS compliance issues, particularly issues related to cybersecurity, commercial item contracting, Buy American Act and Trade Agreements Act compliance, and organizational conflicts of interest. He also works with clients to evaluate and develop ethics and compliance programs.Sandeep has been named a “Rising Star” in 2020 by Law360 and National Law Journal, as well as DCA Live in 2018. He also has been named by Best Lawyers as “One to Watch.” He is active in the American Bar Association’s Public Contract Law Section, currently serving as Vice-Chair on the Cybersecurity, Privacy and Emerging Technology Committee.Sandeep graduated With Honors from the George Washington University Law School, where he was Editor-In-Chief of The George Washington Journal of Energy and Environmental Law, Vice President of Internal Competitions for the Moot Court Board, a legal writing fellow, and a member of the Alternative Disputes Resolution Board. He received his undergraduate degree from Cornell University with Distinction in all Subjects in History.Sandeep is admitted to practice in Virginia, the District of Columbia, and before the U.S. Court of Federal Claims and the U.S. District Court for the Eastern District of Virginia.<h4>Representative Experience</h4><h5>Litigation</h5><ul><li>Successfully protested award of $45B Department of Energy contract for nuclear waste cleanup at the Hanford site in Washington State on behalf of Hanford Tank Disposition Alliance, LLC.</li></ul><ul><li>Successfully protested award of $10B Joint Enterprise Defense Infrastructure (“JEDI”) Contract on behalf of Amazon Web Services, Inc. </li><li>Successfully resolved notice of potential debarment for Department of Defense contractor without any administrative penalties or sanctions.</li><li>Successfully defended award of LOGCAP V contract and associated task orders to Vectrus Systems Corporation.</li><li>Successfully protested $87.4 million contract award based on agency’s failure to identify organizational conflicts of interest for the awardee.</li><li>Successfully defended award of IDIQ contract for Transformation Twenty-One Total Technology Next Generation procurement.</li><li>Successfully resolved False Claims Act and Procurement Integrity Act allegations, without litigation, on behalf of government contractor.</li><li>Represented large defense contractor in response to agency show cause letter and in certified claim against agency, and successfully negotiated favorable settlement.</li></ul><h5>Investigations</h5><ul><li>Conducted internal investigations for multiple clients concerning data breaches, including counseling such clients on remediation and reporting obligations.</li><li>Conducted internal investigation regarding major defense contractor’s accounting and business systems practices, including representing client’s interests with the Defense Contract Audit Agency and advising client executives regarding proposed changes and remedial actions.</li><li>Conducted internal investigation concerning allegations of fraudulent billing, including submission of mandatory and supplemental disclosures to agency inspectors general.</li><li>Conducted internal investigation for major defense contractor responding to subpoena from federal agency seeking commercial cost data, including successfully negotiating the scope of the subpoena.</li><li>Conducted internal investigation regarding major defense contractor’s compliance with export control laws and regulations.</li><li>Conducted internal investigation for major defense contractor regarding contract performance issues.</li><li>Conducted internal investigation for major defense contractor concerning Procurement Integrity Act compliance.</li><li>Conducted Foreign Corrupt Practices Act investigation for multinational corporation.</li></ul><h5>Compliance</h5><ul><li>Conducted multiple multi-national government contracts compliance review and associated risk assessment for a Global Fortune 500 company, including recommending process improvements and policy changes.</li><li>Conducted multinational compliance review regarding conflicts of interest and anti-kickback policies.</li><li>Counseled major government contractor regarding cybersecurity disclosure obligations.</li><li>Counseled clients regarding compliance with applicable Pay-to-Play, Lobbying, and Revolving Door restrictions.</li></ul>

Sandeep Nandivada

Partner

Kevin is former Co-chair of Morrison Foerster’s Government Contracts & Public Procurement practice. Kevin has broad experience in numerous facets of government contracts matters including agency procurements, subcontracting, teaming and joint venture relationships, contract performance issues, intellectual property, compliance matters, due diligence for mergers and acquisitions, and procurement fraud matters. He represents clients in the preparation and litigation of contract adjustment claims and terminations for both government contracts and construction projects. Over the course of his 35-year career, Kevin has handled more than 300 bid protest cases, representing both protesters and contract awardees before the U.S. Government Accountability Office, the U.S. Court of Federal Claims, federal district courts, and state protest forums.Kevin is active in the Public Contract Law Section of the American Bar Association, where he has served as a Co-Chair of the Contract Claims and Disputes Resolution Committee and the Bid Protest Committee, and a Vice-Chair of the Acquisition Reform and Emerging Issues Committee, as well as a member of the Section’s Council and its Interim Membership Director. He also served on the Board of Governors of the U.S. Court of Federal Claims Bar Association.Kevin has been recognized by Chambers & Partners USA and Legal 500 US as one of the leading lawyers nationwide in the area of Government Contracts and has been named a “Top Washington Lawyer” in Government Contracts Law by Washingtonian magazine. Since 2010, Chambers & Partners USA has placed Kevin on the short list of National Tier One Government Contracts lawyers and, since 2020, Chambers has included him in its Bid Protest Spotlight table. He was named to the BTI Consulting Group’s “Client Service All-Stars 2016” list, a registry of 354 of the legal profession’s client service elite.Kevin received his J.D. from the University of Virginia School of Law in 1988 and his B.A. from the University of Virginia in 1984. He is admitted to practice in the District of Columbia and the state of Georgia, and before the United States Supreme Court, the United States Courts of Appeals for the Federal Circuit and the Fourth Circuit, and the United States Court of Federal Claims.

Kevin P. Mullen

Government Contracts + Public Procurement

Best Practices for Pursuing Government Contracting Opportunities: Lessons Learned from Bid Protests - 572409721

Best Practices for Pursuing Government Contracting Opportunities: Lessons Learned from Bid Protests

29 Sep 2020 3:00 PM - 4:15 PM EDT