Zachary F.Jacobson

His clients operate in the defense, aerospace, space, construction, and technology sectors, ranging from startups and early-stage innovators pursuing their first federal awards to established defense contractors managing complex, multi-agency portfolios. Zach helps these companies navigate the intersection of commercial innovation and federal regulation, aligning business strategy with procurement requirements. 

His clients operate in the defense, aerospace, space, construction, and technology sectors, ranging from startups and early-stage innovators pursuing their first federal awards to established defense contractors managing complex, multi-agency portfolios. Zach helps these companies navigate the intersection of commercial innovation and federal regulation, aligning business strategy with procurement requirements.

Claims and Disputes

Zach represents prime and subcontractors in high-stakes government contract disputes, including certified claims, REAs, and prime–subcontractor litigation. He regularly appears before the ASBCA, the CBCA, and the US Court of Federal Claims, and has argued before the US Court of Appeals for the Federal Circuit. His experience includes: 

• Litigating contract disputes under the Contract Disputes Act (CDA), including price adjustments in support of the Service Contract Act, breach of contract, government-caused delay, differing site conditions, constructive changes, and DCAA audits.
• Representing subcontractors in a variety of pass-through claims to the government, including those involving nonpayment and intellectual property disputes.
• Negotiating cost recovery and settlement agreements following terminations for convenience.
• Resolving prime–subcontractor conflicts and teaming disputes through litigation, arbitration, and negotiated resolution.
• Handling agency-level protests and bid protests before the GAO and US Court of Federal Claims.

Contract Negotiations

Zach helps contractors structure, negotiate, and manage government contracts with an emphasis on intellectual property strategy, subcontractor relationships, and regulatory compliance. His experience includes: 

• Advising on FAR/DFARS compliance, contract formation, and negotiation of prime contracts, subcontracts, OTAs, GSA Contractor Teaming Arrangements, and other teaming agreements.
• Structuring licensing and data rights protections for commercial software, dual-use technologies, and SBIR-funded innovations.
• Counseling emerging and established contractors on subcontract flowdowns, risk-shifting terms, and performance obligations.
• Supporting clients through the formation and administration of nontraditional acquisition instruments, including OTAs and cooperative agreements.

Ethics, Compliance, and Investigations

Zach advises companies on internal investigations, business system compliance, and ethics obligations across the federal procurement space. 

•  Leading internal investigations involving procurement integrity, cost mischarging, and contractor business system deficiencies.
• Assisting with mandatory disclosures and coordinated agency engagement with oversight offices.
• Advising on organizational conflict of interest (OCI) mitigation, debarment risk, and contractor present responsibility.
• Developing practical, scalable compliance programs and training for growth-stage contractors entering or expanding in the federal market.

Data Rights and Intellectual Property

Zach helps clients preserve and enforce their data rights and intellectual property when contracting with the federal government. He regularly advises on software licensing, technical data protection, and asserted restrictions under FAR and DFARS. His experience includes: 

• Structuring and negotiating software licenses and data rights clauses in prime and subcontract agreements.
• Drafting and reviewing deliverable markings to preserve rights in commercial software and SBIR-funded developments.
• Advising on asserted restrictions, validation procedures, and technical data rights allocations in complex teaming environments.
• Supporting clients in mitigating IP risk during subcontract formation, teaming arrangements, and system integration.

Government Experience

Before joining Seyfarth, Zach served for over eight years as a Judge Advocate and civilian attorney with the US Army and the US Army Corps of Engineers. He advised acquisition personnel and senior decision-makers on all phases of the procurement lifecycle across CONUS and OCONUS missions. His experience includes: 

• Counseling contracting officers on source selections, protests, claims, and terminations.
• Advising military and civilian leaders on fiscal law, procurement integrity, and federal ethics compliance.
• Supporting command-level decisions involving contract administration, performance disputes, and organizational conflicts of interest.
• Gaining firsthand insight into how federal agencies evaluate contract risk, allocate resources, and resolve disputes—experience that directly informs his private sector advocacy. 

Zach is known for his strategic judgment, practical approach, and deep fluency in the unique demands of federal contracting. Whether litigating complex disputes, protecting intellectual property, or guiding clients through federal acquisition regulations, he is a go-to advisor for companies operating at the intersection of innovation, compliance, and government business.