Sandeep N. Nandivada

Sandeep Nandivada is an associate in the Litigation Department of Morrison & Foerster’s Washington, D.C. office. Sandeep’s practice focuses on civil litigation and complex internal investigations, as well as government contracts compliance.

Sandeep’s civil litigation practice focuses on bid protests before the Government Accountability Office, U.S. Court of Federal Claims, and the Small Business Administration Office of Hearings and Appeals. He has litigated protests across an array of subject matters—including cloud computing, space launch, traditional defense procurements, professional services, and healthcare. Sandeep also has significant experience assisting clients with requests for equitable adjustments, claims, and subcontract disputes.

In addition to his civil litigation practice, Sandeep has extensive experience conducting investigations with False Claims Act, Anti-Kickback Statute, Procurement Integrity Act, and suspension and debarment implications. He has advised clients regarding procurement fraud, anti-corruption, procurement integrity, defective pricing, and export control issues, and has assisted clients with mandatory disclosures required under the FAR. Sandeep also was seconded to Northrop Grumman as Investigations Counsel.

In addition to his litigation and investigation practices, Sandeep regularly advises clients on FAR and DFARS compliance issues, including 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 is active in the American Bar Association’s Public Contract Law Section, currently serving as Vice-Chair of the Procurement Fraud and False Claims 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.

Representative Matters (Includes Prior Law Firm Experience):

Litigation

• Successfully defended award of LOGCAP V contract and associated task orders to Vectrus Systems Corporation.
• Successfully protested $87.4 million contract award based on agency’s failure to identify organizational conflicts of interest for the awardee.
• Successfully defended award of IDIQ contract for Transformation Twenty-One Total Technology Next Generation procurement.
• Successfully resolved False Claims Act and Procurement Integrity Act allegations, without litigation, on behalf of government contractor.
• Represented large defense contractor in response to agency show cause letter and in certified claim against agency, and successfully negotiated favorable settlement.

Investigations

• 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.
• Conducted internal investigation concerning allegations of fraudulent billing, including submission of mandatory and supplemental disclosures to agency inspectors general.
• 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.
• Conducted internal investigation regarding major defense contractor’s compliance with export control laws and regulations.
• Conducted internal investigation for major defense contractor regarding contract performance issues.
• Conducted internal investigation for major defense contractor concerning Procurement Integrity Act compliance.
• Conducted Foreign Corrupt Practices Act investigation for multinational corporation.

Compliance

• 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.
• Conducted multinational compliance review regarding conflicts of interest and anti-kickback policies.
• Counseled major government contractor regarding cybersecurity disclosure obligations.
• Counseled clients regarding compliance with applicable Pay-to-Play, Lobbying, and Revolving Door restrictions.