Daniel R. Forman is a partner in Crowell & Moring's Government Contracts Group, resident in the firm's Washington, D.C. office.
Experience
Mr. Forman's practice focuses on a wide variety of government procurement law, including bid protests, False Claims Act and qui tam litigation, investigations of potential civil and criminal matters, ethics and compliance, contract claims and disputes, GSA schedule contracting, and small disadvantaged business contracting. Dan is also experienced in negotiating and drafting teaming agreements and subcontracts, as well as providing counseling on the interpretation of FAR clauses and solicitations. Dan's practice also focuses on state and local procurement matters, including State False Claims Act issues, lobbying and contingency payment compliance. He has been involved in bid protest litigation in six states and the District of Columbia.
Representative engagements include:
Published GAO Bid Protest Decisions
Representing Protester
· The Emergence Group, B-404844.7, 2012 CPD ¶ (Feb. 29, 2012). GAO sustains protest brought by C&M challenging award of five contracts by the Department of State for criminal justice program support, finding that the agency's past performance evaluation was unreasonable and deviated from the solicitation's evaluation scheme.
· TriCenturion, Inc.; SafeGuard Svs., LLC, B-406032 et al., 2012 CPD ¶ 52 (Jan. 25, 2012). In a procurement for fraud detection services conducted by the Centers for Medicare and Medicaid Services ("CMS"), GAO sustains protest filed by C&M, finding that CMS failed to (1) conduct a reasonable evaluation of the awardee's proposed labor costs; (2) respond to the protester's challenges to the technical evaluation; and (3) produce documentation or otherwise explain how it evaluated the relevance of each offeror's past performance.
· The Emergence Group, B-404844.5 et al. (Sept. 26, 2011). GAO sustains protest brought by C&M, finding that the Department of State failed to reasonably evaluate technical and past performance proposals in procurement for criminal justice program support.
· SafeGuard Svs., LLC, B-404910, 2011 CPD ¶ 132 (June 28, 2011). GAO sustains protest by C&M challenging the Centers for Medicare and Medicaid Services' ("CMS") decision to disqualify client because one of its subcontractors was late in submitting its final proposal on the grounds that CMS did not first determine whether the client's proposal was acceptable without the subcontractor's submission.
· Rapiscan Systems, Inc., B-401773 et al., 2010 CPD ¶ 60 (Mar. 15, 2010). Successfully protested task order award under the FSS for vehicle and cargo inspection systems where awardee included price for non-FSS items in the price of FSS items.
· McKissack+Delcan JVII, B-401973 et al., 2010 CPD ¶ 28 (Jan. 13, 2010). Successfully protested agency's rejection of JV's proposal for program management oversight services where the agency lacked any reasonable basis for its determination that the JV's accounting system was unacceptable.
· Public Communications Services, Inc. - Costs, B-400058.4, 2009 CPD ¶ 131 (June 25, 2009). GAO recommends 100% reimbursement of claimed legal fees.
· Nortel Government Solutions, Inc., B-299522 et al., 2009 CPD ¶ 10 (Dec. 30, 2008). GAO sustains protest, finding that where awardee will be required to review and provide input on designs proposed by itself under separate contract with same agency, agency unreasonable failed to determine the extent of the awardee's OCI and unreasonably concluded that the awardee's mitigation plan was acceptable.
· Public Communications Services, Inc., B-400058 et al., 2009 CPD ¶154 (July 18, 2008). GAO rejects agency argument that it has no jurisdiction to hear protest of no-cost contract and sustains protest where the agency's price and technical evaluations were unreasonable, deviated from the RFP, and reflected unequal treatment.
· Southwestern Bell Telephone Co., B-292476, 2003 CPD ¶177 (Oct. 1, 2003). Successfully protested agency's affirmative determination of responsibility where record shows that the Contracting Officer failed to adequately consider information about the awardee's record of integrity and business ethics.
· Eurest Support Services, B-285813 et al., 2003 CPD ¶ 139 (July 3, 2001). Successfully protested award of fixed-price incentive contract where agency failed to properly assess realism of awardee's low proposed target price.
· Lockheed Martin Systems Integration - Owego, B-287190 et al., 2001 CPD ¶ 110 (May 25, 2001). Successfully protested sole-source award where record shows that agency did not provide protester with an accurate statement of its needs, and, therefore, failed to give protester an opportunity to demonstrate ability to meet agency's requirements.
· BAE Systems, B-287189 et al., 2001 CPD ¶ 86 (May 14, 2001). Successfully protested cost comparison conducted under OMB Circular A-76 where the agency did not reasonably determine that the in-house plan satisfied the performance work statement.
Representing Intervener/Awardee
· XTec, Inc., B-405505, 2011 CPD ¶ 249 (Nov. 8, 2011). GAO denies protest challenging non-competitive issuance of task order under the Federal Supply Schedule ("FSS") to client by GSA for a shared service solution for an end-to-end system to issue and maintain common identification cards for government and contractor personnel, finding that the award was a logical follow-on to a prior FSS task order that had been subject to competition.
· TtEC-TESORO, JV, B-405313 et al., 2012 CPD ¶ 2 (Oct. 7, 2011). GAO denies protest challenging award by the U.S. Coast Guard to C&M client for design/build construction project, finding that the record evidenced an evaluation and award decision that were reasonable and in accordance with the solicitation.
· Smiths Detection, Inc.; American Science and Engineering, Inc., B-402168 et al., 2011 CPD ¶ 39 (Feb. 9, 2011). GAO denies protest challenging award to C&M client by Department of Homeland Security for high energy mobile X-Ray systems, finding that protest allegations reflected mere disagreement and that the agency reasonably determined that the client's proposal was technically superior and conducted a reasonable price realism evaluation.
· XTec, Inc.; Computer Literacy World, Inc., B-299744 et al., 2007 CPD ¶ 148, 2007 CPD ¶ 154 (Aug. 6, 2007). Successfully defended protests of award for HSPD-12 contract under the Federal Supply Schedule, rejecting protesters' arguments that all required products had to be on the APL at the time of proposal submission.
· Indtai Inc., B-298432.3, 2007 CPD ¶ 13 (Jan. 17, 2007). Successfully defended protest challenging agency's consideration of past performance of proposed subcontractors and agency's price analysis.
· Standard Communications, Inc., B-296972, 2005 CPD ¶ 200 (Nov. 1, 2005). Successfully defended against protest challenging agency's past performance evaluation, price evaluation, and best value decision.
· Marine Hydraulics International, Inc., B-291594.3, 2003 CPD ¶ 220 (Oct. 3, 2003). Successfully defended protest challenging agency's decision to increase protester's proposed staffing levels for cost evaluation purposes, and agency's conduct of meaningful discussions.
· Rome Research Corp., B-291162, 2002 CPD ¶ 209 (Nov. 20, 2002). GAO denies protest where agency's evaluation was reasonable and consistent with RFP evaluation scheme.
· Avalon Integrated Services Corp., B-290185, 2002 U.S. Comp. Gen. LEXIS 104 (July 1, 2002). GAO denies protest, finding that task order does not exceed scope of awardee's FSS contract and agency was not required to conduct discussions.
· Hubbell Electric Heater Co., B-289098, 2002 CPD ¶ 15 (Dec. 27, 2001). Successfully defended against protest challenging agency's decision to select higher-priced offeror where protester failed to adequately address compliance with quality assurance standards.
Court of Federal Claims Protest Decisions
· GenPhar, Inc. v. United States, Case No. 08-788C (June 11, 2009). Defended protest challenging contract with the National Institute of Allergy and Infectious Disease for vaccine to protect against Ebola and Marburg virus.
· Nortel Government Solutions, Inc. v. United States, 84 Fed. Cl. 243 (Oct. 10, 2008). Challenge decision by the Druge Enforcement Agency to override the automatic stay under the Competition in Contracting Act.
· Serco Inc. et al. v. United States, 81 Fed. Cl. 463 (Mar. 3, 2008). Defended multiple protests challenging award of Alliant contract by GSA.
State and Local Bid Protests
· Protested award by California for Medicaid claims processing system.
· Defended award by Florida to telecommunications carrier for dedicated network for state government agencies.
· Protested award by Orange County, Florida for telecommunications services.
· Protested award by Colorado for welfare enrollment services.
· Protested award by North Carolina for IT equipment and services.
· Defended against protest challenging contract award by D.C. to construct and manage convention center hotel.
Government Contracts Investigations
· Represented major aerospace manufacturer in connection with espionage investigation.
· Represented major aerospace manufacturer in investigation regarding potential export violations.
· Represented major telecommunications carriers in connection with investigations into tax charges to federal government customers.
· Represented major building automation corporation in connection with investigation into compliance with GSA schedule price reduction requirements.
Affiliations
American Bar Association: Public Contract Law Section
D.C. Bar: Government Contracts and Litigation Section
Recognition
In 2010, Dan was recognized by the Washington Business Journal as one of the D.C.'s top lawyers under the category of "Young Guns."
Publications
· "Reading the Numbers: GAO's Bid Protest Statistics for FYs 2005-2009," Government (May 17, 2010). Author: Daniel R. Forman.
· "Who Will Bailout the Bailoutters?: An Overview of the Unique Legal Risks Facing Treasury's New Asset Managers and their Subcontractors," Bloomberg Securities Law Report, (October 27, 2008). Contributor: Daniel R. Forman.
· "Time Is Not On Your Side," CSA Service Contractor (Winter 2007). Author: Daniel R. Forman.
· "Basics of Government Contracting," Federal Publications (2004). Author: Daniel R. Forman.
· "A-76 Contracting and Competitive Sourcing," Federal Publications (2003). Author: Daniel R. Forman.
· "From Ebay To Bomb Bay - The Government Launches Its First "Reverse Auction," Government Contracts E-Links (May 15, 2000). Co-Authors: Daniel R. Forman and Raymond F. Monroe.
Alerts & Newsletters
· "Failure to Comply with Section L Instructions Invalidates Award," Government Contracts Bullet Points (April 13, 2012). Contacts: Daniel R. Forman, James G. Peyster.
· "Inadequate Documentation Dooms Cost Realism Evaluation," Government Contracts Bullet Points (February 14, 2012). Contacts: Daniel R. Forman, Derek R. Mullins, Jonathan M. Baker.
· "Turn Square Corners or Sit on Sideline," Government Contracts Bullet Points (January 9, 2012). Contacts: Frederick (Rick) W. Claybrook Jr., Daniel R. Forman.
· "Weeding Out Bad Contractors -- The Government's Push to Enhance its Suspension and Debarment Function," (November 17, 2011). Contacts: Daniel R. Forman, Peter Eyre.
· "The Sun Has Not Set On Protests Of Civilian Agency Task Orders," Government Contracts Bullet Points (June 14, 2011). Contacts: Thomas P. Humphrey, John E. McCarthy Jr., Daniel R. Forman, Peter Eyre.
· "We're Staying Open to Handle Your Shutdown Questions," Government Contracts Bullet Points (April 8, 2011). Contacts: Terry L. Albertson, Amy Laderberg O'Sullivan, Daniel R. Forman, J. Chris Haile, Kris D. Meade, Angela B. Styles, Peter Eyre.
· "Shutdown Suspicions? Crowell & Moring Identifies the Questions You Should Be Asking," Government Contracts Bullet Points (February 25, 2011). Contacts: Terry L. Albertson, Amy Laderberg O'Sullivan, Daniel R. Forman, J. Chris Haile, Kris D. Meade, Angela B. Styles, Peter Eyre.
· "Congress Extends GAO's Bid Protest Jurisdiction Over Certain DoD Task And Delivery Orders," Government Contracts Bullet Points (January 14, 2011). Contacts: Daniel R. Forman, Peter Eyre.
· "Congress Extends GAO's Task Order Jurisdiction," Government Contracts Bullet Points (January 12, 2011). Contacts: Daniel R. Forman, Peter Eyre.
· "Strict Application Of Micro-Purchase Exception Sinks Award," Government Contracts Bullet Points (April 15, 2010). Contacts: Daniel R. Forman, Jonathan M. Baker.
· "Agencies May Not Rely On Flawed DCAA Audits," Government Contracts Bullet Points (February 4, 2010). Contacts: Daniel R. Forman, Richard Arnholt.
· "OCIs Down Air Force Award," Government Contracts Bullet Points (September 14, 2009). Contacts: Daniel R. Forman, Thomas P. Humphrey, John E. McCarthy Jr.
· "Treasury Issues Compensation Standards For TARP Participants," Government Contracts Bullet Points (June 23, 2009). Contacts: Angela B. Styles, Daniel R. Forman, Peter Eyre.
· "Public-Private Partnerships On The Rise," Government Contracts Bullet Points (April 22, 2009). Contacts: Stephen J. McBrady, James J. Regan, Daniel R. Forman.
· "GAO Sends Agency Back To The Drawing Board -- Again," Government Contracts Bullet Points (January 13, 2009). Contacts: James J. Regan, Daniel R. Forman.
· "CFC Gives CICA Its Bite," Government Contracts Bullet Points (November 3, 2008). Contact: Daniel R. Forman.
· "Who Will Bailout the Bailoutters?: An Overview of the Unique Legal Risks Facing Treasury's New Asset Managers and their Subcontractors," Financial Services Alert (October 30, 2008). Contact: Daniel R. Forman.
· "Post Hoc Explanation Inadequate To Save Unreasonable Price Evaluation," Government Contracts Bullet Points (July 15, 2008). Contacts: Thomas P. Humphrey, Daniel R. Forman.
· "Tanker Award Tanked," Government Contracts Bullet Points (June 19, 2008). Contacts: Thomas P. Humphrey, John E. McCarthy Jr., David Z. Bodenheimer, Daniel R. Forman.
· "New Protest Jurisdiction at GAO," Government Contracts Bullet Points (June 17, 2008). Contacts: Thomas P. Humphrey, John E. McCarthy Jr., David Z. Bodenheimer, Daniel R. Forman.
· "CFC Faults GSA's False Statistical Precision In Major Evaluation," Government Contracts Bullet Points (March 10, 2008). Contacts: Thomas P. Humphrey, Daniel R. Forman, Richard Arnholt.
· "Private Party MEO Teammate Allowed Intervention To Protect Proprietary Information," Government Contracts Bullet Points (December 14, 2006). Contacts: Amy Laderberg O'Sullivan, Daniel R. Forman.
· "Misleading Discussions Can Be With Awardee," Government Contracts Bullet Points (October 19, 2006). Contacts: Peter Eyre, Daniel R. Forman.
· "Request For Clarification Amounts To Discussions, " Government Contracts Bullet Points (August 4, 2006). Contacts: Daniel R. Forman, Thomas P. Humphrey.
· "Seminar On Improving Past Performance Evaluations, " Government Contracts Bullet Points (May 16, 2006). Contacts: Daniel R. Forman, Amy Laderberg O'Sullivan.
· "FY05 Protestors Achieve Effective Relief 37% Of Time At GAO," Government Contracts Bullet Points (January 27, 2006). Contacts: Thomas P. Humphrey, Daniel R. Forman.
· "Pitiful Price Evaluation Unfairly Caters To Certain Bidders," Government Contracts Bullet Points (January 3, 2006). Contact: Daniel R. Forman.
· "Past Performance Remains Fertile Ground For Protest Challenges," Government Contracts Bullet Points (November 18, 2005). Contact: Daniel R. Forman.
· "Attention To Small Business Subcontracting Plan Is No Small Matter," Government Contracts Bullet Points (November 7, 2005). Contact: Daniel R. Forman.
· "Contractors Must Check Everywhere "Reasonable" On FedBizOpps," Government Contracts Bullet Points (October 4, 2005). Contact: Daniel R. Forman.
· "Corrective Action Needs Correcting," Government Contracts Bullet Points (August 12, 2005). Contact: Daniel R. Forman.
· "Relaxation Of Requirements = Out-Of-Scope Mod," Government Contracts Bullet Points (June 22, 2005). Contact: Daniel R. Forman.
· ""Piggy-Backer" Falls at GAO," Government Contracts Bullet Points (June 1, 2005). Contact: Daniel R. Forman.
· "No Past Performance = Neutral, Not Negative," Government Contracts Bullet Points (March 11, 2005). Contact: Daniel R. Forman.
· "GAO Scallops Procurement, Finding Solicitation Was Flaky," Government Contracts Bullet Points (January 7, 2005). Contact: Daniel R. Forman.
· "GAO Sustains For Failure To Set Aside For Small Business," Government Contracts Bullet Points (October 20, 2004). Contacts: Marc F. Efron, Daniel R. Forman.
· "Agency Must Discuss Evaluated Weaknesses," Government Contracts Bullet Points (September 14, 2004). Contacts: Thomas P. Humphrey, Daniel R. Forman.
· "GAO Finds Discussions Were Not Meaningful And, In Fact, Misleading," Government Contracts Bullet Points (June 30, 2004). Contacts: Thomas P. Humphrey, Daniel R. Forman.
· "GAO Protest Jurisdiction Covers Concession Contracts," Government Contracts Bullet Points (March 22, 2004). Contacts: Thomas P. Humphrey, Daniel R. Forman.
Speaking Engagements
· "Bid Protests: Trends and Developments," Ounce OF Prevention Seminar (OOPS) XXVII (May 25-26, 2011). Moderator: Daniel R. Forman. Speakers: Puja Satiani and Peter Eyre.
· "What Will the New Year Bring? Top Headlines, Headaches, and Legal Developments for Government Contractors to Watch in 2011," Bid Protests, Crowell & Moring Webinar (January 12, 2011). Presenters: Puja Satiani and Dan Forman.
· "What Will the New Year Bring? Top Headlines, Headaches, and Legal Developments for Government Contractors to Watch in 2011," Crowell & Moring Webinar (January 12, 2011). Moderators: Dan Forman and Peter Eyre.
· "Bid Protests: Lessons, Trends, and Observations," Caught in the Federal Procurement Fish Bowl, 26th Annual Ounce of Prevention Seminar (OOPS), Crowell & Moring, Washington, D.C. (May 26-27, 2010). Presenters: Daniel R. Forman, Elizabeth W. Newsom and Puja Satiani.
· "Bid Protests," The Resurgence of Procurement Reform, Ounce of Prevention Seminar (OOPS), Crowell & Moring, Washington, D.C. (April 22-23, 2008). Presenters: Daniel R. Forman, Thomas P. Humphey and Elizabeth W. Newsom.
· "Bid Protests & Beyond," Procurement in Times of Turmoil and Intense Review, Ounce of Prevention Seminar (OOPS), Crowell & Moring, Washington, D.C. (April 27-28, 2006). Presenters: Daniel R. Forman, Rick Claybrook, and John McCarthy.
· "Competitive Sourcing Developments," Ounce of Prevention Seminar (December 2003). Co-Speakers: Ken Bruntel, Dan Forman and Amy Laderberg O'Sullivan.