Alan Pemberton heads the firm's Government Contracts practice group. His practice includes government contracts, as well as other complex civil litigation and ADR.
He has practiced in the government contracts area since 1982, and his practice includes bid protest and other procurement litigation before GAO, agency boards of contract appeals, the federal courts and ADR tribunals. He advises contractors and grantees about the full range of government proposal, performance, compliance, regulatory, suspension and debarment, transactional and legislative issues.
Representative Matters
· Representation of Trimble Navigation Limited in federal court trial and appellate court litigation raising issues of first impression under Contract Disputes Act.
· Advice to USAID contractor about risk mitigation strategies under $7 billion worldwide health care contract.
· Strategic procurement advice to contractors competing for and performing HHS pandemic vaccine contract.
· Bid protest litigation at U.S. Court of Federal Claims involving cloud computing procurement.
Honors and Rankings
· Who's Who in America (2006-present)
Personal
· Winner, M55-59, 2009 Boston Marathon; 2008 USATF Marathon National Champion, M55-59
Pro Bono
· Chair of the firm's public service committee, and has for many years been active in prisoners' rights and other civil rights matters. He is currently plaintiffs' counsel in Jerry M. v. District of Columbia, a class action seeking to reform the city's juvenile justice system. He supervises firm lawyers serving in our Bread for the City rotation program.
Memberships and Affiliations
· Georgetown University Law Center (constitutional law), Adjunct Professor of Law
· American Bar Foundation, Life Fellow
· Indigent Civil Litigation Fund, Inc., Vice President
· U.S. District Court for the District of Columbia, Committee on Pro Se Litigation, Member
Publications
· "Retroactive Compensation Caps: How Contractors Can Recover for Breach Damages," Covington E-Alert (5/8/2012), Co-Author
· "The World Trade Organization Adopts a Revised Agreement on Government Procurement," Covington E-Alert (4/16/2012), Co-Author
· "Final VA Rule on Promotion of Drugs and Drug-Related Supplies Imposes Broad Prohibitions and New Procedural Hurdles on Pharmaceutical Company Representatives," Covington E-Alert (3/15/2012), Co-Author
· "FAPIIS Final Rule on Public Access to Contractor Information Allows Contractors Limited Opportunity to Dispute Data Release," Covington E-Alert (1/18/2012), Co-Author
· "Reauthorization Opens Up SBIR Funds to Small Businesses With Venture Capital, Hedge Fund, or Private Equity Backing," Covington E-Alert (1/3/2012), Co-Author
· "Proposed Rule Would Require Contractors To Protect Unclassified DoD Information," Covington E-Alert (7/6/2011), Co-Author
· "Executive Order Creates Board to Oversee Spending on Federal Funds," Covington E-Alert (6/15/2011), Co-Author
· "Proposed Executive Order Would Require Government Contractors to Report Political Spending," BNA Insights (6/7/2011), Co-Author
· "Interim DFARS Rule Imposes New Business System Regime and Contract Payment Withholding System," Covington E-Alert (5/31/2011), Co-Author
· "Proposed Executive Order Would Require Government Contractors to Report Political Spending," Covington E-Alert (5/18/2011), Co-Author
· "The Cost of Transparency: Challenges Posed by the New FAPIIS Requirements," BNA's Federal Contracts Report (4/26/2011), Co-Author
· "The Impact of a Federal Government Shutdown on Government Agencies and Contracts," Covington E-Alert (3/7/2011), Co-Author
· "Axioms for Supplementing the Administrative Record," BNA's Federal Contracts Report (3/1/2011), Co-Author
· "New Regulations Will Mandate Public Disclosure of Contractor Information in FAPIIS Database," Covington E-Alert (2/2/2011), Co-Author
· "Department of Defense Releases Additional Guidance for Implementation of the New TRICARE Rule," Covington E-Alert (4/14/2009), Co-Author
· "OMB Issues Guidance Applying Stimulus Package's Buy American Requirements to Sub-Federal Recipients of Funds," Covington E-Alert (4/7/2009), Co-Author
· "Interim Final Rule Implements the Stimulus Package's Buy American Requirements," Covington E-Alert (4/1/2009), Co-Author
· "DoD Final Rule Mandates Deeply Discounted Pricing for TRICARE Retail Pharmacy Sales," Covington E-Alert (3/25/2009), Co-Author
· ""Buy American" Provisions in Stimulus Package Stir Controversy - Government Contracts," Covington E-Alert (2/5/2009), Co-Author
· "New Rule Will Require Contractors To Report Wrongdoing To The Government And Impose Stricter Ethics And Compliance Obligations," Covington E-Alert (12/8/2008), Co-Author
· "Congress Requires Pharmaceutical Manufacturers to Provide Deeply Discounted Prices for Covered Drugs Purchased at TRICARE Retail Pharmacies," Covington E-Alert (2/4/2008), Co-Author
· "Supreme Court Update: Rockwell International Corp. v. United States," Covington E-Alert (3/29/2007), Co-Author
· "A Relator Reads the Newspaper: U.S. Supreme Court to Clarify Rules for Qui Tam Suits Based on Public Information," Covington E-Alert (10/5/2006), Co-Author
· "Obtaining Adequate Compensation for Delay," Construction Law Handbook (1999 and 2006 supp.), Author
Presentations and Speeches
· "Teaming Agreements and Subcontracts," National Small Business Federal Procurement Summit (8/17/2006)