Stephen E. Ruscus

Partner

Washington, D.C.
T +1.202.861.1610
F +1.202.861.1783

Overview

An attorney with more than 30 years of experience and a wealth of knowledge about the rules and regulations that drive the government contracts industry, Stephen Ruscus provides exceptional day-to-day counseling and advice to clients from multiple industries, including defense, technology, life sciences, healthcare and manufacturing.

Representing clients in government contracts procurements, and in litigation before the Boards of Contract Appeals, the U.S. Court of Federal Claims and the Government Accountability Office, Stephen also advises in protest practice before the Small Business Administration and in matters relating to federal procurement of commercial items and services, including those under Federal Supply Schedule (FSS) contracts.

His work encompasses a broad range of contracts and policy matters, including negotiations, compliance, claims and disputes. Issues addressed include country of origin and domestic sourcing, supplies and services indefinite delivery, indefinite quantity (IDIQ) task order contracts, fixed price and cost reimbursement contracts, government funded research, and related FAR, DFAR and other CFR provisions, subcontract negotiations and disputes and federal debarment and suspension.

Stephen counsels clients on federal procurement with respect to the Departments of Veterans Affairs (VA), Defense and Health and Human Services. He also advises on government pricing laws and regulations governing pharmaceutical manufacturer participation in the Centers for Medicare & Medicaid Services Medicaid Drug Rebate, Medicare, the 340B drug pricing, TRICARE retail pharmacy and Veterans Healthcare Act programs; VA FSS contracts; DOD DAPA and ECAT; and public policy affecting these programs.

Select Experience

  • Counseled companies of all sizes and stages across multiple industries regarding strategic planning relating to decision to accept government funding through grants, cooperative agreements, OTAs, contracts and subcontracts and related compliance considerations.
  • Counseled life sciences, defense, technology and manufacturing clients of all sizes and stages regarding government contract intellectual property issues arising under contracts, subcontracts, OTAs, grants, cooperative agreements and Cooperative Research and Development Agreements (CRADAs).
  • Counseled clients of all sizes and stages and related private equity investors regarding Covid-related stimulus, vaccination, Defense Production Act, PREP Act and research/production funding issues.
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Experience

  • Counseled companies of all sizes and stages across multiple industries regarding strategic planning relating to decision to accept government funding through grants, cooperative agreements, OTAs, contracts and subcontracts and related compliance considerations.
  • Counseled life sciences, defense, technology and manufacturing clients of all sizes and stages regarding government contract intellectual property issues arising under contracts, subcontracts, OTAs, grants, cooperative agreements and Cooperative Research and Development Agreements (CRADAs).
  • Counseled clients of all sizes and stages and related private equity investors regarding Covid-related stimulus, vaccination, Defense Production Act, PREP Act and research/production funding issues.
  • Counseled defense aerospace and life sciences clients regarding preparation and submission of requests for equitable adjustment, claims and contract termination settlements.
  • Counseled defense and life sciences clients regarding mandatory disclosure obligations and multiple voluntary disclosures to the VA, GSA and the Department of Defense.
  • Defense of Small Business Administration size protest against small construction company government contract awardee.
  • Counseled multiple small start ups and technology clients regarding obtaining SBIR and STTR funding, compliance and related government investigations.
  • Counseled multiple companies regarding Buy American Act and Trade Agreements Act procurement and compliance issues, Made in USA and import marking requirements, and emerging strategic domestic sourcing and supply chain considerations.
  • Counseled small businesses, buyers and private equity investors regarding maintenance of eligibility for small business procurement preferences.
  • Counseled sellers, buyers and underwriters on multiple government contract due diligence issues.
  • Negotiated multiple third party–financed contracts for energy conservation measures, including infrastructure enhancements, and ESPC energy sales agreement projects for construction and operation of solar systems.
  • Counseled private equity investor regarding off-shore wind grant funding and compliance issues.
  • Conducted False Claims Act investigation pertaining to sale of medical devices under Federal Supply Schedule contract.
  • Represented multiple technology, life sciences, energy and construction clients in debarment and suspension matters.
  • Litigated U.S. Court of Federal Claims bid protest regarding implementation of Trade Agreements clause and related Federal Circuit appeal.
  • Litigated multiple GAO and Court of Federal Claims bid protests with regard to solicitation and evaluation improprieties, CICA violations, SBA non-manufacturer rule waiver and procurement consolidation issues, service contracts, IDIQ contracts and task orders, Trade Agreement Act compliance, sole source awards and Tricare formulary issues.
  • Litigated termination, cost allowability, defective pricing and statutory pricing claims before the U.S. Court of Federal Claims and boards of contract appeals.
  • More than 20 years of experience counseling pharmaceutical companies of all sizes regarding government price reporting requirements under OBRA 90, the Deficit Reduction Act of 2005, the Medicare Modernization Act, the 340B program, the Veterans Healthcare Act and emerging strategic pricing and price reporting considerations.
  • More than 20 years performing government pricing calculations, compliance reviews and system implementations for multiple pharmaceutical companies of all sizes.
  • Negotiated settlement of price reductions clause, defective pricing, overpayment and Trade Agreement clause claims against multiple U.S. pharmaceutical companies.

Recognitions and Memberships

Memberships

  • Bar Association of the District of Columbia
  • Coalition for Government Procurement
    • Healthcare Pharmaceutical Subcommittee: Co-Chair
  • American Bar Association, Public Contract Law Section
    • Health Care Contracting Committee: Co-Chair (former)

Pro Bono

  • Regularly counsels on government contracts and small business issues.

Admissions

  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Federal Claims
  • U.S. Court of International Trade
  • District of Columbia

Education

  • J.D., Catholic University of America, Columbus School of Law, 1991
  • B.A., University of North Carolina at Chapel Hill, 1986