W. Barron A. Avery

Experience

Contract Disputes

• Represented a major construction firm at the CBCA in litigation related to the construction of facilities for the U.S. Department of State, involving extensive discovery and motions practice and culminating in a three-week hearing at the CBCA.
• Represented a major IT provider in litigation against the U.S. Department of Defense in an appeal of a certified claim seeking costs associated with delays to an IT-based logistics program, representing the client through settlement negotiations triggered by a three-week mediation at the ASBCA.
• Defended a technology services contractor's termination for default at the GAOCAB, resulting in a conversion of the termination to a termination for convenience and the resolution of monetary claims against the government.
• Developed and prepared a certified claim for Prompt Payment Act interest relating to a contract for the supply of food services for the U.S. military in Afghanistan.
• Developed and prepared a request for equitable adjustment (REA) relating to changes in an IT contract's software requirements.
• Represented a contractor in the preparation of an REA and in negotiations with the government in a dispute involving the construction of facilities in Saudi Arabia and the impacts resulting from the government's delays in providing approvals associated with the construction.
• Represented an aerospace contractor in litigation with a subcontractor regarding a termination settlement proposal resulting from the government's termination for convenience.
• Counseled an IT services contractor that was terminated for default, and advised the contractor in negotiations that resulted in a no-cost termination for convenience.
• Negotiated an REA for costs incurred under a Foreign Military Sales contract.
• Developed and prepared a certified claim for costs associated with defective specifications relating to the construction of a new federal courthouse in upstate New York. 
• Developed and prepared an REA for costs and profit incurred prior to the U.S. Department of Energy's decision to terminate a contractor for default. 
• Represented a subcontractor in litigation against the prime contractor for costs associated with changes to design specifications.
• Advised an aerospace contractor in a dispute with the U.S. Air Force regarding alleged defects resulting from an engine maintenance contract.

Protests

• Defended a protest at the COFC of a U.S. Department of Defense aviation fuel contract, defending an award in a temporary restraining order hearing and defending an award on the merits through the decision, resulting in the affirmation of a contract award.
• Represented a pharmaceutical contractor in multiple protests at the GAO challenging the U.S. Department of Veterans Affairs' decisions to set aside procurements for small businesses, resulting in a precedent-setting win for the contractor.
• Represented an occupational safety services provider in a pre-award protest at the COFC, resulting in the permanent injunction of a U.S. Occupational Health and Safety Administration solicitation.
• Represented a healthcare contractor in both a GAO and a COFC pre-award protest of a U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services solicitation. 
• Represented a contractor in a GAO protest of an award by the U.S. Marshals Service for IT-based security services.
• Represented a financial services contractor in an agency-level, pre-award protest of a solicitation's unduly restrictive and ambiguous terms that prevented the contractor from competing on a level playing field.
• Litigated multiple North American Industry Classification System code appeals before the Small Business Administration's (SBA's) Office of Hearings and Appeals.
• Litigated multiple SBA protests before SBA regional offices.

Counseling

• Conducted an internal investigation into a contractor's domestic preference compliance procedures, including compliance with the Buy American Act and the Trade Agreements Act (TAA), and counseled the client through mandatory disclosure obligations.
• Counsels commercial item contractors regarding compliance obligations, including requirements under Price Reduction Act and TAA clauses.
• Advises clients' government contractors on compliance with federal anti-human-trafficking requirements related to government contracting.
• Counsels clients regarding government contract domestic preference requirements, including the Buy America Act, the TAA and other domestic preference regimes.
• Counsels government contractors in connection with foreign ownership, control or influence issues.
• Conducts investigations and counsels clients in connection with mandatory disclosure obligations.
• Reviews and advises clients on the formation and execution of teaming agreements.
• Counsels clients on the development of government contracts ethics and corporate compliance programs.
• Advises contractors on the formation of representative agreements, particularly in connection with foreign military sales. 
• Conducted due diligence for a major defense contractor in the acquisition of a defense services contract, and counseled the client on potential organizational conflicts of interest and novation requirements.
• Prepared a response to a show cause letter issued by an Immigration and Customs Enforcement's suspension and debarment officer demonstrating the contractor's present responsibility.
• Counseled a large supplier of construction materials in the development and implementation of the Designated Business Enterprise compliance program, which included developing company procedures and training more than 3,000 employees in multiple states.

Memberships

• American Bar Association
  • Public Contract Law Section
  • Construction Division: Vice-Chair
  • Contract Claims and Dispute Resolution Committee: Vice-Chair
  • Procurement Lawyer: Associate Editor
• National Association of Surety Bond Producers
  • Attorney Advisory Council: Government Contracts Advisor
• District of Columbia Bar
  • Government Contracts and Litigation Section: Nominating Committee

Pro Bono

• Served as a volunteer and coordinator with the District of Columbia Bar's Consumer Law Resource Center.
• Represented an individual in an appeal of a Social Security disability insurance benefit denial.
• Represented a client in a family law matter in District of Columbia Superior Court, which culminated in a three-day trial.