Brian V. Johnson

Experience

Protests in Government Contract Procurement

• Obtained multiple corrective actions from the U.S. Department of Defense’s (DOD) U.S. Transportation Command (USTRANSCOM) in protests before the Government Accountability Office (GAO) challenging USTRANSCOM’s award decisions that denied contract award to client for stevedoring and related terminal services.
• Obtained corrective action on behalf of client in a protest before the GAO challenging the U.S. Department of Veterans Affairs (VA) award decision that denied a contract award concerning the provision of ambulette transportation services to veterans.
• Obtained corrective action on behalf of a medical technology development company in an agency-level bid protest before the U.S. Air Force (USAF) resulting in the USAF reversing its decision to exclude the company from the procurement.
• Represented client in a bid protest at the Court of Federal Claims (COFC) challenging a federal agency’s evaluation of the client’s proposal in connection with an integrated commercial-off-the-shelf (COTS) software solution procurement.
• Represented client in a bid protest at the COFC challenging a federal agency’s evaluation of the client’s proposal in connection with a procurement for relocation and related services for federal employees.
• Represented client in appeals to the U.S. Department of Transportation (USDOT) and subsequent hearings before a state transportation agency resulting in the state agency reversing its denial of the client’s certification as an Airport Concessions Disadvantaged Business Enterprise (ACDBE) and subsequently certifying client as an ACDBE.
• Experienced in drafting bid protest documents in federal government procurement-related litigation including initial protests, supplemental protests, comments on the agency report, requests for dismissal and responses to requests for dismissal before the GAO; and complaints, preliminary injunctions and motions for judgment on the administrative record before the COFC.
• Responded to Freedom of Information Act (FOIA) request targeting client’s documents resulting in federal agency completely agreeing with all proposed redactions.

Government Contract Disputes

• Represented construction contractor in multiple claims against the U.S. Army Corps of Engineers (USACE) before the U.S. Court of Federal Claims (COFC) and the Armed Services Board of Contract Appeals (ASBCA), drafting a complaint, a response to a motion to dismiss and motions for summary judgment; and presenting argument at hearing.
• Represented a stevedoring and terminal services contractor in the appeal of a federal agency Contracting Officer’s denial of a certified claim before the COFC, drafting a complaint concerning claims of constructive change and breach of contract.
• Represented a client in claims against the U.S. Postal Service (USPS) in connection with a commercial outdoor advertising agreement and subsequent appeal to the Postal Service Board of Contract Appeals (PSBCA).
• Experienced in litigation before the ASBCA and the Civilian Board of Contract Appeals (CBCA) to include drafting notices of appeal, complaints, motions for summary judgment, responses to motions for summary judgment, pre-hearing briefs, post-hearing briefs and replies; and participating in a hearing before the ASBCA.
• Experienced in drafting litigation documents in federal government contract-related litigation, including responses to motion for prejudgment interest and objections to a bill of costs before a federal district court.

Commercial Litigation

• Represented the largest subsidiary of one of the world's leading telecommunications service providers in contract dispute against multiple defendants before the U.S. District Court for the Eastern District of Virginia (EDVA) resulting in a default judgment in favor of client.
• Represented the largest subsidiary of one of the world's leading telecommunications service providers in contract dispute before Virginia’s Fairfax Circuit Court resulting in judgment for client.
• Defended consulting company against two plaintiffs in litigation before Virginia’s Fairfax General District Court resulting in a non-suit by one plaintiff and the court granting demurrer (dismissing) as to remaining plaintiff.
• Defended consulting company against two plaintiffs in litigation before Virginia’s Arlington County General District Court resulting in non-suit by both plaintiffs.
• Defended a leading global business process outsource company against negligence and respondeat superior claims in litigation before the District of Columbia’s Superior Court resulting in summary judgment in favor of client.

Community

• Brocketts Crossing Condominium Association
  • Past President
  • Former member of the Board of Directors

Pro Bono

• Drafted appeal to the Army Board for Correction of Military Records ("ABCMR") for a service-disabled client challenging client’s medical rating.