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Cry Havoc and Let Slip the Risks of War

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Today’s post focuses on a recent Armed Services Board of Contract Appeals (“ASBCA” or “Board”) decision on a contractor’s claim for the costs it incurred as a result of the closure of a military border crossing between Iraq and Kuwait. 

We are Morrison Foerster — a global firm of exceptional credentials. Our clients include some of the largest financial institutions, investment banks, and Fortune 100, technology, and life sciences companies. The Financial Times has named us to its list of most innovative law firms in North America every year that it has published its Innovative Lawyers Reports in the region,and Chambers Asia-Pacific has named us the Japan International Firm of the Year for the sixth year in a row. Our lawyers are committed to achieving innovative and business-minded results for our clients, while preserving the differences that make us stronger.Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Prior results do not guarantee a similar outcome.

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Cry Havoc and Let Slip the Risks of War

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<div style="margin-bottom: 15px;" class="videoWrapper"><iframe class="sticky-video" title="Meet Alex Ward, Government Contracts Practice Co-Chair" src="https://www.youtube-nocookie.com/embed/TkliwdSlTaQ?rel=0" frameborder="0" allow="autoplay; encrypted-media" allowfullscreen="1" title="iframe"></iframe></div>J. Alex Ward is co-chair of Morrison Foerster’s Government Contracts and Public Procurement practice. His practice covers a full range of government contracts matters, including bid protests, claims, investigations, corporate transactions, and counseling. In addition, he regularly handles federal and state court litigation and alternative dispute resolution involving government contractors.Alex represents contractors in internal and external investigations, disclosures to the government, and qui tam litigation, with a great deal of success in reducing or eliminating his clients’ exposure through active engagement with the relevant government bodies. His work in this area includes obtaining numerous declinations and dismissals of False Claims Act cases in their earliest stages, sparing his clients the cost, risk, and exposure of extensive discovery and litigation.He has served as lead counsel in dozens of bid protests involving military and civilian agency procurements of a wide range of products and services, including all manner of pre- and post-award protests in the GAO, the U.S. Court of Federal Claims, and state tribunals, as well as appeals to the U.S. Court of Appeals for the Federal Circuit and size protests before the SBA’s Office of Hearings and Appeals. In all matters, Alex's constant goal is to provide his clients the highest level of efficient, ethical, and effective representation.Alex has handled all aspects of the claims process, from the initial assessment and drafting of requests for equitable adjustment through litigation in the Boards of Contract Appeals and the Court of Federal Claims. Alex’s practice also covers the full gamut of other controversies confronting government contractors, including prime-sub, teaming partner, employer-employee, competitor, and indemnification disputes. His litigation work also includes a wide variety of pro bono engagements, in which he has represented both individual and institutional clients in matters ranging from immigration and criminal defense to sustainable procurement and protection of the environment.Prior to joining the firm, Alex served in the U.S. Army as a commissioned officer and an Assistant to the General Counsel of the Army responsible for civil works and international matters, and as a clerk for judges on the U.S. Courts of Appeals for the Armed Forces and the D.C. Circuit.

J. Alex Ward

Partner

Tori Dalcourt Angle is an associate in the Government Contracts practice in Morrison Foerster’s Washington, D.C. office.Tori advises clients on various government contract matters, including both pre- and post-award bid protests, internal and government investigations, contract claims and disputes, mergers and acquisitions, suspension and debarment, and compliance with federal statutes and regulations. She regularly represents contractors in bid protests before the U.S. Government Accountability Office and the U.S. Court of Federal Claims. She has experience counseling clients on various compliance and regulatory issues, including Section 889 compliance, revolving door questions, False Claims Act investigations and qui tam actions, and the Truth in Negotiations Act.Tori earned her J.D. with honors and a concentration in Government Procurement Law from The George Washington University Law School, where she was an associate of The George Washington Law Review, a Dean’s Fellow in the Legal Research and Writing Program, a member of the Alternative Disputes Resolution Board, and a Murray J. Schooner Government Procurement Law Scholar. She also won multiple academic awards, including the Outstanding Academic Achievement Award from the National Contract Management Association, first place in the 2018 American Bar Association’s Public Contract Law Journal Writing Competition, the 2018 Dentons Government Contracts Moot Court Competition, and Best Brief in the 2017 GW Law School First Year Moot Court Competition.During law school, Tori worked as a law clerk in Morrison Foerster’s Government Contracts practice, and participated in the firm’s summer associate program. She also completed an internship in Judge Firestone’s chambers at the U.S. Court of Federal Claims.Prior to law school, Tori interned at the Department of Justice, Consumer Protection Branch, and the National Partnership for Women & Families. She graduated cum laude from American University, where she had dual majors in Law & Society and History, and a minor in Economics.Tori is admitted to practice in the Commonwealth of Virginia and the District of Columbia.

Victoria Dalcourt Angle

Associate

Government Contracts + Public Procurement