Adam K.Lasky

Bid Protests

• As lead counsel for awardee, successfully defended against a GAO bid protest challenging the award of a $50+ million task order for facility operations and maintenance services at Walter Reed National Military Medical Center. GAO granted awardee’s request for partial dismissal, and denied the remainder of the protester, and award was confirmed.  B-418526 et al., 2020 WL 3250212 (Comp. Gen. 2020)
• As lead counsel for protester, successfully challenged the Army’s use of the lowest priced technically acceptable (LPTA) source selection method for procurement of the healthcare housekeeping contract for the U.S. Department of Defense's largest medical facility. The Army took corrective action and changed the procurement method to best value tradeoff. B-417651.1 (Comp. Gen. 2019)
• As lead counsel for protester, successfully challenged the U.S. Dep’t of Education’s award of a $25+ million contract for charter school support services. GAO sustained the protest based on argument that the government had failed to properly analyze a potential impaired objectivity, and recommended the government reimburse protester’s attorneys’ fees. B-416937, B-416937.2, 2019 CPD ¶ 20, 2019 WL 336926 (Comp. Gen. 2019)
• As lead counsel for protester, successfully challenged the Army’s elimination of client’s proposal from the competitive range in a $230M MATOC procurement in a bid protest at the U.S. Court of Federal Claims. The Army took corrective action, amended the solicitation and allowed the client to submit a new proposal (and client the was ultimately awarded a contract).
• As co-lead counsel for protester, successfully protested U.S. Navy Military Sealift Command’s award of a $30+ million O/M contract for the SBX-1 – the floating, self-propelled, mobile radar system used by the U.S. Missile Defense Agency to detect and track incoming ICBMs fired at the United States. GAO sustained the protest, finding that agency had made numerous errors in the evaluation of the awardee’s past performance, and recommended the agency reimburse protester’s attorneys’ fees. B-414295, B-414295.2, 2017 CPD ¶ 158, 2017 WL 2417191 (Comp. Gen. 2017)
• As lead counsel for protester, successfully challenged the award of a $375 million contract awarded by NASA for engineering, research, and scientific support services. GAO sustained the client’s protest, finding numerous errors in the past performance and cost realism evaluations, and recommended NASA reimburse client’s attorneys’ fees. B-415944 et al., 2018 CPD ¶ 166, 2018 WL 2355998 (Comp. Gen. 2018)
• As lead counsel for awardee, successfully defended against a post-award GAO bid protest challenging the award of a $40+ million medical center operations & maintenance contract. The protest was denied and award to client confirmed. B-416488, 2018 CPD ¶ 311, 2018 WL 4328307 (Comp. Gen. 2018)
• As co-lead counsel for protester, successfully challenged FHWA’s corrective action decision to re-solicit and re-evaluate proposals based on revised criteria set forth in an amendment to the solicitation. The U.S. Court of Federal Claims held FHWA’s actions to be arbitrary and capricious and issued a permanent injunction. 129 Fed. Cl. 190 (2016)
• As lead counsel for protester, successfully challenged FHWA’s award of a laboratory support services contract on the basis that awardee’s proposed key personnel fail to meet the RFP’s minimum qualification requirements. GAO sustained the protest and recommended FHWA reimburse protester’s attorneys’ fees. B-412721.2 et al., 2016 CPD ¶ 234, 2016 WL 4582238 (Comp. Gen. 2016)
• As lead counsel for protester, successfully protested the Army’s award of an approx. $90 million small business set-aside contract for logistical support services in Hawaii. The U.S. Court of Federal Claims found there were ample grounds to sustain the bid protest, triggering the Army to take corrective action. 127 Fed. Cl. 85 (2016)
• As lead counsel for client, successfully protested the Navy’s award of a nearly $70 million contract for janitorial and custodial services at Walter Reed Medical Center to the incumbent contractor. That protest resulted in the Navy taking corrective action, revaluating proposals and awarding the contract to client. Then, as lead counsel, successfully defended that award against a bid protest by the incumbent contractor at the U.S. Court of Federal Claims. 121 Fed. Cl. 169 (2015)
• As lead counsel for protester, successfully protested the GSA’s award of a contract for a multi-site custodial and maintenance services contract in Texas, which was set-aside for service-disabled, veteran-owned small businesses. GAO sustained the bid protest and recommended GSA reimburse protester’s attorneys’ fees. B-410156, et al., 2014 CPD ¶ 330, 2014 WL 6657714 (Comp. Gen. 2014)
• As lead counsel for protester, successfully challenged the Navy’s elimination of client from the competitive range in a procurement for base operations services valued at nearly $350 million. GAO sustained the bid protest and recommended the Navy reimburse protester’s attorneys’ fees. B-406583.2, B-406583.3, 2013 CPD ¶ 276, 2013 WL 6247506 (Comp. Gen. 2013)
• Successfully protested the U.S. Army’s failure to award an IDIQ contract to client in a MATOC procurement for a design-build medical facility construction valued at over $500 million. After the U.S. Court of Federal Claims issued a preliminary injunction, the Army took corrective action and awarded an IDIQ contract to client.
• Successfully represented client in an agency-level bid protest challenging Washington State’s award of cooperative purchasing agreement schedule contracts to contractors other than client for supply of electric propulsion transit busses to state and local transportation agencies across the United States. The agency sustained the protest, and ordered that the protested contracts be cancelled and a new procurement be conducted.
• Successfully represented client in a series of bid protests challenging the Port of Seattle’s award of a 10 year lease and concessions contract for a 6,640 square foot two-story food/beverage restaurant in the central terminal of Sea-Tac International Airport. As a result of these bid protests, the Port elected to cancel the awarded contract.
• Successfully represented a telecommunications contractor protesting the elimination of its proposal from a competition for a NASPO multiple-award contract to supply communications equipment to state and local agencies across the country. As a result of public records requests, bid protests and letters to the state attorney general, the lead procuring agency took corrective action and conducted a brand-new procurement, ultimately resulting in award of a contract to client.
• Successful bid protest challenging the City of New Orleans’s failure to award client a spot in the City's engineering and material services contract pool for construction projects. As a result of the protest, the City canceled all the awards under the RFQ and announced it would conduct a new procurement.

SBA Small Business Government Contracting Programs

• Represented client in a series of successful NAICS code appeals before the SBA Office of Hearings and Appeals, in connection with the size standard assigned to a National Highway Traffic Safety Administration procurement for Crash Investigation Sampling System injury coding. SBA No. NAICS-6062 (2020)
• Represented client in successful size protest challenging the Army’s award of a small business set-aside for laundry services. SBA concluded that the awardee was affiliated with several other entities based upon common ownership and common management, and concluded that the awardee was other than small and ineligible for award.
• Defended client against claims of affiliation in a size protest and size appeal concerning the award of a Navy janitorial contract set-aside for small business. The SBA ruled in client’s favor, holding that it was not affiliated with a large business based on ostensible subcontractor and other arguments, and confirmed client was eligible for the contract award. SBA No. SIZ-5638 (2015)
• Successfully defended a construction contractor against a size protest challenging the award of U.S. Department of State small business set-aside contract based on allegations that the client was an ineligible foreign corporation and large due to affiliation. SBA denied the size protest on all grounds, affirming the contract award to the client.
• Drafted and/or negotiated dozens of mentor protégé agreements and joint venture agreements under SBA’s 8(a) and All-Small Mentor-Protégé Programs.
• Represented client in negotiating and obtaining regulatory approvals of a multi-small joint venture agreement to obtain an 8(a) sole source contract for IT services for a federal government agency.
• Advised several large and small business contractors on mitigating risk of ostensible subcontractor affiliation.
• Advised multiple government contractors on curative measures in connection inaccurate size certifications, including mandatory disclosure obligations.
• Advised major defense contractor on regulatory compliance issues with joint venture agreement for engineering services under SBA’s 8(a) mentor-protégé program.
• Advised multiple government contractors on size, status and affiliation issues in connection with M&A transactions, including identity of interest and newly organized concern affiliation issues.
• Advised several government contractors on SBA regulatory compliance issues (including employee count, affiliation, and justifying need) in connection with Paycheck Protection Act loans.
• Advised large government contractor in connection with mentor-protégé joint venture agreement regulatory compliance issues, dispute with joint venture partner, and mandatory disclosure obligations.
• Advised Fortune 100 company on small business subcontracting commercial plan regulatory compliance and approval issues for federal contracting.
• Successfully represented client in a GAO bid protest challenging federal agency’s removal of procurement from 8(a) procurement without obtaining release from SBA. After months of protest litigation, SBA changed its position and sided with client, and the procuring agency took corrective action.

Joint Venture and Teaming Agreement Transactions

• Prepared and negotiated for client a series of joint venture agreements between major defense contractors to pursue base operations contracts at various U.S. military bases outside the continental United States.
• Advised client on amendments to joint venture agreement necessary to pursue an unrestricted federal government contract worth hundreds of millions of dollars.
• Represented client in negotiation of a prime-sub teaming agreement to pursue an approx. $100 million contract for base operations at an overseas U.S. military base.
• Advised client on amendments to a joint venture agreement necessary to comply with regulations needed to compete for federal security services contracts.
• Prepared joint venture agreement for client to pursue a federal healthcare contract worth over $100 million.
• Prepared and negotiated for client a joint venture agreement for the SBA All Small Mentor Protégé Program to compete for federal construction contracts.
• Represented client in negotiating and obtaining regulatory approvals of a multi-small joint venture agreement to obtain an 8(a) sole source contract for IT services for a federal government agency.
• Represented client in negotiations of a teaming arrangement for pursuit of a U.S. military support services contract worth over $150 million.
• Represented client in preparation and negotiation of a multi-small joint venture agreement between three small businesses to compete together for a SDVOSB set-aside.

Claims and Disputes

• Represented construction contractor in an ASBCA appeal of Contract Disputes Act (CDA) Claim against the U.S. Army concerning a $20+ million contract to renovate a Department of Defense diagnostic laboratory, asserting entitlement to over $1 million based on the rarely successful doctrine of unconscionability. Due to the strength of the argument in the claim, the Army agreed to a very favorable settlement for the client.
• Represented prime contractor in multi-million dollar CDA claim involving contract interpretation and Service Contract Act issues against the U.S. Navy. Representation resulted in favorable settlement for client.
• Defended client, a federal laundry services contractor, against debarment action brought by the Department of Labor for Service Contract Act violations. As a result of defense presented, the Department of Labor dropped its debarment action and entered into an administrative agreement with client.
• Represented client in a CDA Claim challenging a negative past performance review (CPAR) issued by a federal agency to client in connection with an IT services contract. Representation resulted in a settlement and the federal agency issuing a new CPAR for a client without negative ratings/comments.
• Successfully represented federal subcontractor in wrongful termination (breach of contract) lawsuit against the prime contractor in connection with an operations and maintenance subcontract for work at several U.S. Navy facilities. After a favorable decision was issued by the court concerning interpretation of the subcontract, the parties settled the case.
• Represented a construction contractor in an ASBCA appeal involving claims valued at over $25 million for defective specifications, differing site conditions and cardinal change on a design-build construction contract for a Department of Defense residential facility.
• Represented janitorial contractor in a bid mistake claim against the Air Force at the ASBCA, resulting in a favorable settlement for client.
• Represented prime contractor in disputes with its subcontractor and the U.S. Army regarding renovation of the HVAC system at one of the nation’s most sensitive biological defense research laboratories. Representation resulted in a favorable settlements for client on all disputes.