Brian Bannon focuses his practice on government contract law, including bid protests, claims litigation and government investigations. Mr. Bannon works principally in the Firm's government contracts practice and in its intellectual property practice, where he concentrates on intellectual property rights in government contracts, including data and patent rights and rights to computer software.
Mr. Bannon's experience includes the review of contracts and providing advice and counsel to clients in the public as well as private sector, contract negotiation, the administration of grants and contracts and the conduct of internal investigations related to compliance. His clients include government contractors and subcontractors, grant and cooperative agreement recipients, government corporations and Government Owned Contractor Operated (GOCO) facilities contractors.
Mr. Bannon represents and advises clients on a wide variety issues including:
· construction claims and litigation
· contractor teaming agreements, and defense production and research and development pools
· cost accounting and defective pricing issues
· data and patent rights and rights in computer software
· domestic preference and domestic content laws and regulations
· due diligence in acquisitions of government contractors and restructuring to avoid FOCI issues
· ethics compliance programs
· facility clearances and personal security clearances and appeals
· false Claims Act and Anti-Kickback Act investigations and developing compliance programs
· Federal Supply Schedule contracts
· ITAR compliance
· labor standards, including Service Contract Act and Davis-Bacon Act compliance
· mentor-protégé agreements and mentor-protégé joint venture agreements
· National Cooperative Research and Production Act collaboration agreements
· procurement Integrity
· Defense Base Act issues
· proposal review and risk analysis
· size appeals
· suspension and debarment proceedings and administrative agreements
Prior to joining Blank Rome, Mr. Bannon served as a Procurement Analyst for the Department of Defense and a Contracting Officer and deputy chief of contracts with the U.S. Arms Control and Disarmament Agency in Washington, DC.
Representative Matters
· Obtained a permanent injunction against the award of a contract to a competitor for the transportation of cargo to the Naval Base at Guantanamo Bay and assisted the client in obtaining the subsequent award of that contract. Obtained award of attorney's fees for the client in successfully prosecuting the injunction.
· Successfully challenged the award of a long term vessel charter to the incumbent contractor, assisted the client in obtaining the charter and obtained a summary dismissal of the incumbent's protest against the award of the charter to the client.
· Successfully defending the award of a National Parks Service concession contract for operation of ferry service to Alcatraz Island in San Francisco Bay.
· Obtained the dismissal of tort claims relating to the remediation contract in litigation involving a nuclear remediation contract, on behalf of one of the nation's National Laboratories.
· Obtained a ruling that the United States Government Corporation is not subject to the jurisdiction of Government Accountability Office.
· In a bid protest involving a world-wide unexploded ordnance remediation program, obtained corrective action in the award of a contract to the client.
· Obtained dismissal of an arbitration filed against the client pertaining to claims arising out of a construction contract in Iraq.
· In a bid protest involving a regional MATOS construction contract, obtain corrective action in the government terminating contract awards made to the client's competitors.
· In a bid protest involving the government's refusal to advance a client to phase two in a Design Build procurement, obtained corrective action in the government advancing the client to phase two.
· Successfully represented senior corporate personnel in security clearance cases
Ongoing Matters:
· Defending a multi-contractor bid rigging grand jury investigation instituted by the United States.
· Prosecuting a breach of contract action in the Eastern District of California involving the Department of Energy's program for the world-wide installation of radiation detection stations at ports and border crossings.
· Prosecuting a breach of contract action in District Court in Connecticut arising from the operation of a vessel chartered to the United States Navy.
· Prosecuting a breach of contract action before the ICDR involving a U.S. AID program to construct a power plant in Kabul, Afghanistan.
· Defending against claims in an AAA arbitration involving the construction of a Bio-Diesel plant.
· Representing clients in internal investigations and responding to subpoenas arising from contracts in Iraq and Afghanistan.
Memberships
American Bar Association
National Defense Industrial Association
Events
TECHNICAL DATA-NAVIGATING DATA RIGHTS AND THE ITAR
[Event]
Marine Machinery Association Professional Workshop
National Harbor, Maryland
May 12, 2009
Brian A. Bannon and Barbara D. Linney
GOVERNMENT CONTRACTS MASTERS SERIES-SESSION II
[Event]
Marvin Comisky Conference Center, One Logan Square, Philadelphia, PA
October 25, 2005
Brian A. Bannon, Brian S. Gocial, Albert B. Krachman, Barbara D. Linney and Timothy D. Pecsenye
For experienced government contractors who want an edge
Publications
MARITIME ADMINISTRATION ANNOUNCES 2012 SMALL SHIPYARD GRANT PROGRAM
[Alert]
Maritime Developments Advisory
December 2011 (No. 13)
Tara L. Leiter, Brian A. Bannon and Joan M. Bondareff
MAINBRACE
[Alert]
Mainbrace
December 2011 (No. 3)
Brian A. Bannon, Thomas H. Belknap, Jr., Jeremy J.O. Harwood, Richard V. Singleton II and Alan M. Weigel
THE U.S. MILITARY & CAVEATS OF LONG-TERM CHARTERS
[Article]
Maritime Reporter
March 2011
Brian A. Bannon
THE PRESUMED LOSS RULE: BOUNTY HUNTING MEETS SMALL BUSINESS MIS-CERTIFICATION
[Alert]
Government Contracts Advisory
March 2011 (No. 1)
Albert B. Krachman, Brian A. Bannon and Brian S. Gocial
OBAMA MEMORANDUM ON GOVERNMENT CONTRACTS: DÉJÀ-VU WITH A DANGEROUS TWIST
[Alert]
Government Contracts Advisory
March 11, 2009
Albert B. Krachman, Brian A. Bannon and Brian S. Gocial
2009 SMALL SHIPYARD GRANT PROGRAM
[Alert]
Maritime Developments Advisory
March 2009 (No. 5)
Brian A. Bannon, Joan M. Bondareff and Tara L. Leiter
THE FELONIOUS 3 WOOD - 8TH CIRCUIT FINDS GIFT OF TWO GOLF CLUBS A CRIME
[Alert]
Government Contracts Advisory
March 2, 2009 (No. 1)
Brian A. Bannon and Albert B. Krachman
THE GAO HOLDS THAT THE FAR "RULE OF TWO" APPLIES TO TASK AND DELIVERY ORDERS UNDER MULTIPLE-AWARD IDIQ CONTRACTS
[Alert]
Government Contracts Advisory
November 2008 (No. 3)
Brian A. Bannon and Albert B. Krachman
SIGNIFICANT ETHICS TRAINING & INTEGRITY REPORTING REQUIREMENTS ON CONTRACTORS
[Article]
Maritime Reporter
March 2008
Brian A. Bannon
SMALL SHIPYARD GRANT PROGRAM AMENDED
[Alert]
Maritime Developments Advisory
February 2008 (No. 5)
Brian A. Bannon and Tara L. Leiter
PRESIDENT BUSH SIGNS EXECUTIVE ORDER PROHIBITING FEDERAL AGENCIES FROM COMPLYING WITH CONGRESSIONAL REQUESTS NOT IN STATUTORY TEXTS
[Alert]
Government Contracts Advisory
February 2008 (No. 1)
Brian A. Bannon and Duncan C. Smith
MARITIME ADMINISTRATION LAUNCHES GRANT PROGRAM TO ASSIST SMALL SHIPYARDS
[Alert]
Maritime Developments Advisory
January 2008 (No. 3)
Brian A. Bannon and Tara L. Leiter
PROPOSED FAR RULE ON IMPROPER BUSINESS PRACTICES WILL IMPOSE SIGNIFICANT DISCOVERY AND REPORTING REQUIREMENTS ON CONTRACTORS
[Alert]
Government Contracts Advisory
December 2007 (No. 4)
Brian A. Bannon and Gregory F. Linsin
INTERIM DOD RULE ON VESSEL CHARTERING MAY GIVE EVALUATION PREFERENCE FOR REPAIRS MADE IN U.S. YARDS
[Article]
Maritime Reporter
October 2007
Brian A. Bannon
WAR PROFITEERING BILL IS INTRODUCED
[Alert]
Government Contracts Advisory
January 2007 (No. 1)
Brian A. Bannon and Duncan C. Smith
FEDERAL TRACKING OF CONTRACT ACTIONS
[Alert]
Public Contracts Advisory
November 2006 (No. 9)
Brian A. Bannon and Albert B. Krachman
BEWARE PITFALLS OF SUBMITTING PROPOSALS BY E-MAIL!
[Alert]
Public Contracts Advisory
November 2006 (No. 9)
Brian A. Bannon and Albert B. Krachman
UNDER THE WIRE: WINNING YEAR END FEDERAL CONTRACTS
[Alert]
Public Contracts Advisory
September 2006 (No. 8)
Albert B. Krachman and Brian A. Bannon
POTENTIAL DANGERS IN GSA SCHEDULE CONTRACTS
[Alert]
Public Contracts Advisory
September 2006 (No. 7)
Brian A. Bannon
GOVERNMENT CONTRACTORS BEWARE: DON'T GET TRIPPED UP BY EXPORT CONTROL LAWS
[Article]
Marine News
June 10, 2005
Barbara D. Linney and Brian A. Bannon
SLOWING DOWN THE REVOLVING DOOR
[Article]
Marine Link
August 6, 2004
Brian A. Bannon
Cases and Deals
BLANK ROME SECURES VICTORY IN DEPARTMENT OF ENERGY CONTRACT PARTNERSHIP
[Case]
September 9, 2011
Alan M. Freeman, Brian A. Bannon, Brian S. Gocial and Cheryl S. Chang
Blank Rome secured a victory for client Tetra TechEC, Inc. in a suit claiming that Ahtna Government Services Corporation was liable for breaching an agreement that stated the two companies were to jointly work on a U.S. Department of Energy Contract.
J.F. LEHMAN & COMPANY SELLS ATLANTIC MARINE HOLDING COMPANY FOR $352 MILLION
[Deal]
July 13, 2010
T. Michael Dyer, Peter Schnur, Thomas Z. Cheplo, Rustin I. Paul, Joseph T. Gulant, Cory G. Jacobs, et al.
Blank Rome represented J.F. Lehman & Company ("JFL") in the sale of one of its portfolio companies, Atlantic Marine Holding Company, to BAE Systems, Inc. for $352 million.
DISMISSAL OF LARGE DAMAGE CLAIM FOR BROOKHAVEN LABORATORY
[Case]
December 2006
Brian A. Bannon, Alan M. Freeman and Brian S. Gocial
Court dismisses $50 million suit from environmental remediation contractor.
GAO DISMISSES PROTEST AGAINST AWARD OF LONG-TERM VESSEL CHARTER
[Case]
November 7, 2006
Brian A. Bannon and Brian S. Gocial
In an unusual move, the GAO suspended the requirement that it submit a report and, after conducting a telephonic conference among the parties, dismissed the protest.
ATTORNEY'S FEES AWARDED IN IMPORTANT GOVERNMENT CONTRACT
[Case]
June 5, 2006
Brian A. Bannon
The amount of the award not only exceeded the request, but more significantly, it demonstrates that the government's defense was not substantially justified.
POST-AWARD BID PROTEST STOPS GOVERNMENT CONTRACT FOR TRANSPORTATION
[Case]
March 30, 2006
Brian A. Bannon
Successful post-award bid protest of government contract.
PERMANENT INJUNCTION AWARDED IN POST-AWARD BID PROTEST
[Case]
November 1, 2005
Brian A. Bannon
Court of Federal Claims ruling prevent United States Army from allowing competitor to proceed with a contract.