Amy C.Hoang

Bid Protests

• Successfully represented large defense contractor in year-long dispute over $170 million DHS contract, beginning with challenge to agency’s award to competitor at GAO, subsequent award to client, and defense of the award in a protest at the Court of Federal Claims.
• Successfully represented small business in challenging its exclusion from OPM competition based on agency misinterpretation of Small Business Administration regulations, resulting in sustained protest at GAO.
• Defeated GAO bid protest challenging client’s award of a $400 million NASA shared support contract.
• Successfully defended two protests filed at FAA ODRA challenging client’s award of a $55 million FAA task order, as well as an additional protest challenging client’s small business status.
• Successfully represented services contractor in challenging approximately $280 million in task orders awarded competitor for supply/maintenance/transportation services in three separate GAO protests.
• Defended award of a GSA Federal Supply Schedule task order for services to support USCIS Information Technology (IT) system delivery by performing cloud replacement of legacy systems.
• Filed a task order protest (complaint) to the Task Order Ombudsman on behalf of a telecommunications company providing nationwide wireless services under a US Navy indefinite delivery, indefinite quantity contract.
• Successfully defended an award to a service-disabled veteran-owned small business in connection with a Defense Information Systems Agency task order for technical operations support for the Joint Staff, Cyberspace Environment Division, Joint Information Operations Range (JIOR).
• Represented professional services contractor in successful protest at the Government Accountability Office challenging a Department of Homeland Security award valued at over US$100 million. Challenged agency’s technical evaluation, specifically agency’s disparate treatment of offerors, resulting in published decision by Government Accountability Office sustaining protest.

Ethics, Compliance, and Investigations

• Conducted internal investigation and mandatory disclosure for large engineering client related to Service Disabled Veteran-Owned Small Business set-aside contracts.
• Condcuted internal investigation for defense startup regarding allegations of export control violations and domestic sourcing misrepresentations.
• Counseled a global engineering company on DoD cybersecurity requirements, including Cybersecurity Maturity Model Certification requirements.
• Represented a large information technology servicer and integrator in an internal investigation and disclosure to the Inspector General for the General Services Administration (GSA) regarding noncompliances with the contractor’s most favored customer and price reduction obligations under the company’s Federal Supply Schedule (FSS) contract.
• Assisted global provider of electronics and energy solutions in establishing compliance program and practices consistent with FAR and DFARS requirements in order to pursue commercial item sales to the federal government.
• Represented a global cargo airline in negotiating supplier agreements with the US Postal Service, including advising on USPS Supplying Principles and Practices (SP&P) requirements.

Mergers and Acquisitions

• Assisted client in novation of government contracts following interorganizational transfer of assets.
• Represented shipbuilder in sale of company, including responses to diligence requests and disclosures related to government contracts and compliance programs and purchase agreement negotiations.
• Conducted government contracts due diligence for a leading supplier of unmanned aircraft in the purchase of a tactical unmanned aircraft system manufacturer with substantial government contracts.
• Conducted buy-side due diligence for numerous PE funds acquiring government contractors, including assessments of small businesses requirements, organizational conflicts of interest, cybersecurity requirements, and supply chain obligations.
• Advised numerous companies on impacts of transactions on small business status of target companies and continuing eligibility for set-aside contracts and task orders.

Domestic Sourcing

• Assisted Department of Defense supplier in assessing Buy American Act compliance, specifically the Berry Amendment requirements to supply domestic textiles under Department of Defense contracts, and potential waivers and exceptions.
• Assisted construction company in assessing Buy American Act and Trade Agreements Act requirements and compliance as a subcontractor on a Department of Defense construction project.
• Assisted provider of rail joints in assessing Buy America requirements for use of domestic steel on projects funded by Department of Transportation grants.
• Conducted an assessment of Buy American Act compliance under the FAR definition of a "domestic end product" for an office furniture manufacturer supplying products of DoD agencies.
• Provided training to federal national lab on best practices for procuring supplies and construction in accordance with FAR Part 25 Buy American Act requirements.
• Advised US-based defense manufacturer on specialty metals restrictions and exceptions.
• Advised multiple manufacturers of EV chargers on domestic sourcing requirements under federal grants, federally funded infrastructure projects, FTA and FHWA-funded projects, and federal contracts.

Subcontract and Teaming Agreement Negotiation and Drafting

• Assisted large commercial company in drafting template subcontract/supplier agreement for use in defense contracts.
• Assisted an information technology consulting firm to draft and negotiate subcontracts and teaming agreements with lower-tier subcontractors performing under a federal prime General Services Administration schedule contract, including assessment of mandatory and recommended Federal Acquisition Regulation flowdown clauses for commercial item subcontracts and requirements for contractor teaming arrangements.
• Represented a safety products manufacturer in filing a supplier disagreement with USPS protesting the agency's technical and price evaluation.
• Assisted large commercial company in drafting commercial item determinations for contracting officer.
• Drafted and negotiated a multiparty teaming agreement on behalf of a transportation services company pursuing Department of Defense transportation contracts.

Other Transactions, Grants, and Non-FAR Agreements

• Counseled client on protest and dispute options for award issued as a DOD Other Transaction (OT).
• Represented subcontractor in negotiating and revising terms of Other Transaction (OT) subcontract to ensure protection of client's IP and data rights.
• Assisted a waste-heat-to-energy developer in subcontract review, drafting, and negotiation in connection with multiple Department of Energy contracts and cooperative agreements, including the negotiation and flowdown of proper intellectual property and data rights.
• Represented a manufacturer in negotiating other transaction agreements (OTAs) and cooperative agreements with various DoD agencies.
• Represented technology accelerator consortium in negotiating project legal agreement with consortium member pursuant to award of other transaction authority agreement.

Government Disputes

• Represented a logistics company in challenging the ratings issued by an agency in the Contractor Performance Assessment Reporting System (CPARS).
• Represented small business defense contractor in a bet-the-company appeal of a claim at the Armed Services Board of Contract Appeals regarding the Marine Corps Improvised Explosive Device Detector Dog Program resulting in successful settlement.
• Represented provider of Department of Veterans Affairs (VA) Community-Based Outpatient Clinics in an appeal to the Civilian Board of Contract Appeals seeking payment for constructive change resulting in settlement with the VA.