Sandeep N. Nandivada

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

Mr. Nandivada has extensive experience conducting investigations with False Claims Act, Foreign Corrupt Practices 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 export control issues, and has assisted clients with mandatory disclosures required under the Federal Acquisition Regulation (FAR). Mr. Nandivada's civil litigation practice focuses on bid protests before the Government Accountability Office and the U.S. Court of Federal Claims, as well as contract claims.

In addition to his investigations and litigation practices, Mr. Nandivada regularly advises clients on FAR and Defense FAR Supplement (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.

Mr. Nandivada 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.

Mr. Nandivada 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):

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 for major defense contractor responding to subpoena from federal agency seeking commercial cost data, including successfully negotiating the scope of the subpoena.
• Conducted internal invesitgation regarding major defense contractor's compliance with export laws and regulations.
• Conducted internal investigation for major defense contractor concerning Procurement Integrity Act compliance.
• Conducted Foreign Corrupt Practices Act investigation for multinational corporation.

Litigation

• 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.
• Obtained corrective action on behalf of major defense contractor in $1 billion procurement.
• Obtained corrective action on behalf of major defense contractor in $100 million 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.

Compliance

• Conducted multinational 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.