David Hammond advises and litigates on behalf of government contractors in a wide range of industries. He has successfully represented defense and aerospace companies in matters involving awards and protests, defective pricing under the Truth in Negotiations Act, technical data and patent rights, allegations of false claims and false statements, industrial security, default terminations, latent defects, suspension and debarment, international procurements and offset agreements, joint venture and teaming agreements and resolving prime subcontractor disputes. He also advises "battlefield" contractors in connection with performing contracts overseas in support of military deployments, including providing advice regarding the Defense Base Act and risk mitigation strategies. He is the current Chair of the Government and Legal Affairs Committee of the International Peace Operations Association.
His work in the area of health care procurement involves advising companies that deliver health care products and services to the Department of Veterans Affairs and the Department of Defense. He has successfully negotiated and litigated on behalf of major pharmaceutical companies to obtain more competitive terms and conditions in national formulary solicitations, and counsels pharmaceutical manufacturers regarding the pricing of drugs under the Veterans Health Care Act of 1992, the Medicaid Rebates Program, and the Public Health Service Drug Pricing Program. He also advises clients on other types of relationships with the government such as grants and cooperative agreements and works closely with the Firm's white collar crime practice in connection with internal investigations, inspector general and grand jury investigations, and voluntary disclosures.
He has litigated government contract disputes and other procurement matters before the United States Court of Appeals for the Federal Circuit, Federal District Courts, the General Accountability Office, the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals, the Small Business Administration, and state administrative agencies.
Publications
· "The First Prosecution of a Contractor Under the UCMJ: Lessons for Service Contractors," Service Contractor, Professional Services Council (Fall 2008). Author: David C. Hammond.
· "Holding Battlefield Contractors Accountable: Federal Removal Protects Federal Interests," Washington Legal Foundation - Legal Backgrounder, Vol. 21, No. 13 (April 2006). Author: David C. Hammond.
· "Limitations on Government Contractor Liability After September 11: Emerging Issues In The Context of Homeland Security," Andrews Government Contract Litigation Reporter, Volume 17, Issue 8 (2003). Co-Author: David C. Hammond.
Alerts & Newsletters
· "Effect of Unilateral Contract Assignment Questioned," Government Contracts Bullet Points (December 13, 2010). Contacts: Robert Nichols, David C. Hammond.
· "Recovery Act CRIB Sheet For Government Contractors, Part II, The Interim FAR," Government Contracts Bullet Points (April 3, 2009). Contacts: Terry L. Albertson, Shauna E. Alonge, Alan W. H. Gourley, David C. Hammond, Angela B. Styles, Adelicia R. Cliffe.
· "Iraq Delays Enforcement Of Certain Laws," Government Contracts Bullet Points (January 5, 2009). Contacts: David C. Hammond, Robert Nichols.
· "The Status Of Forces: Largely Uncertain," Government Contracts Bullet Points (December 16, 2008). Contacts: David C. Hammond, Robert Nichols.
· "Contingency Contractor Beware," Government Contracts Bullet Points (October 29, 2008). Contacts: David C. Hammond, Richard Arnholt.
· "All Those Disclosure Requirements -- They Just Keep Coming," Government Contracts Bullet Points (July 3, 2008). Contacts: Terry L. Albertson, David C. Hammond, Angela B. Styles.
· "Federal Taxes, Contractor Responsibility, and Suspension and Debarment," Government Contracts Bullet Points (April 25, 2008). Contact: David C. Hammond.
· "Latest DoD "Reform" Act Is Far-Reaching," Government Contracts Bullet Points (December 10, 2007). Contacts: Terry L. Albertson, David C. Hammond, Angela B. Styles.
· "Further Progress On What Used To Be The Berry Amendment," Government Contracts Bullet Points (July 5, 2007). Contacts: Alan W. H. Gourley, David C. Hammond, John E. McCarthy Jr., Terry L. Albertson.
· "No Longer The Berry Amendment But Worse," Government Contracts Bullet Points (October 12, 2006). Contacts: Terry L. Albertson, David C. Hammond.
· "False Invoices Under CPA Contract Not False Claims "Presented" To U.S. Government," Government Contracts Bullet Points (August 21, 2006). Contact: David C. Hammond.
· "Crowell & Moring Rated Leading Government Contracts Firm," Government Contracts Bullet Points (July 27, 2006). Contacts: George D. Ruttinger, David C. Hammond.
· "Battlefield Contractors Need Federal Forum For Tort Claims," Government Contracts Bullet Points (April 21, 2006). Contact: David C. Hammond.
· "DOD Issues Final Rule Re Criminal Jurisdiction Over Employees Of Battlefield Contractors," Government Contracts Bullet Points (March 2, 2006). Contact: David C. Hammond.
· "District of Columbia Law Limiting Pharmaceutical Prices Held Unconstitutional," Health Law 'In The News' (January 4, 2006). Contact: David C. Hammond.
· "Technical Data Rights Decision Blurs Issues," Government Contracts Bullet Points (November 21, 2005). Contact: David C. Hammond.
· "Emergency Procurements In Support Of Hurricane Katrina Relief," Government Contracts Bullet Points (September 6, 2005). Contacts: Marc F. Efron, Terry L. Albertson, David C. Hammond.
· "CPA Procurements Subject to Civil False Claims Act," Government Contracts Bullet Points (August 9, 2005). Contacts: Brian C. Elmer, David C. Hammond.
· "DoD Issues Final Rule About Contractor Personnel In The Battlefield," Government Contracts Bullet Points (May 10, 2005). Contact: David C. Hammond.
· "As He Exits, Bremer Leaves Contractors With Limited Immunity From Iraqi Law," Government Contracts Bullet Points (June 30, 2004). Contacts: David C. Hammond, Alan W. H. Gourley.
· "Navy Pays Lost Profits For Misappropriating FSS Contractor's Data," Government Contracts Bullet Points (March 10, 2004). Contacts: David C. Hammond, Amy Laderberg O'Sullivan.
· "Defense Contractors Begin To Feel Effect Of DoD Requirement To Provide Unique Item Identifiers And Unit Cost Information," Government Contracts Bullet Points (February 9, 2004). Contacts: David C. Hammond, John E. McCarthy Jr.
· "CFC Requires Strict Adherence To FAR's Data Rights Clause," Government Contracts Bullet Points (January 28, 2004). Contacts: David C. Hammond, John E. McCarthy Jr.
Speaking Engagements
· "Continuing Opportunities and Challenges in Afghanistan, Iraq, and Pakistan Contracting," Caught in the Federal Procurement Fish Bowl, 26th Annual Ounce of Prevention Seminar (OOPS), Crowell & Moring, Washington, D.C. (May 26-27, 2010). Presenters: David C. Hammond, Robert S. Nichols and Christopher E. Gagne.
· "Accountability for Civilians in the Battle Space," ABA Continuing Legal Education Program (March 19, 2009). Speaker: David C. Hammond.
· "Foreign Contractors: Jurisdiction, Internal Investigations and Congressional Oversight," Defining the Boundaries: The Use of Private Contractors in Contingency Operations - ABA Annual Meeting, New York, NY (August 9, 2008). Speaker: David C. Hammond.
· "Combating Terrorism: Charting the Course for a New Administration," Center on Law, Ethics and National Security, Duke University School of Law, Durham, NC (April 10, 2008). Panelist re Using Private Contractors: Issues of Accountability: David C. Hammond.
· "Privatizing Defense: Blackwater, Contractors, and American Security," The Center On Law and Security, New York School of Law, New York, NY (April 3, 2008). Panelist re Managing Parameters: Moral and Legal Questions: David C. Hammond.
· "Acquisition Improvement and Accountability Act of 2007: Title VIII of the National Defense Authorization Act for Fiscal Year 2008 (H.R. 4986)," Crowell & Moring Webinar - Procurement Reforms in the 2008 DOD Authorization Bill (February 8, 2008). Co-Presenters: Terry L. Albertson, Alan W. H. Gourley, Shauna E. Alonge, Elizabeth W. Newsom, David C. Hammond and Rogelyn D. McLean.
· "Strategies for Securing National Contracts and Blanket Purchase Agreements and Overview of the 'Big Four' and Their Pharmaceutical-Related Programs," Big Four Pharmaceutical Pricing Boot Camp, New York, NY (May 22, 2007). Speaker: David C. Hammond.
· "Contractors on the Battlefield: The Challenge of Managing Risks in a War Zone: Lessons Learned," National Contract Management Association's World Congress, Dallas, Texas (April 25, 2007). Speaker: David C. Hammond.
· "Battlefield Contracting: Lessons Learned, Contract Services Association," Washington Conference 2006 (October 11, 2006). Speaker: David C. Hammond.
· "Contractors on the Battlefield: Limiting Liability and Protecting the Company in a War Zone," Ounce of Prevention Seminar (April 2006). Co-Speakers: David Hammond and Amy Laderberg O'Sullivan.
· "340B Inpatient Drug Discounts: A Status Report," The 340B Coalition Ninth Annual Conference, Washington, DC (July 10, 2005). Speaker: David C. Hammond.
· "Contracting in a Real Minefield - Iraq," Ounce of Prevention Seminar (April 2005). Co-Speakers David Hammond and Amy Laderberg O'Sullivan.
· "Jurisdiction Over Contractors And Their Personnel, Roundtable Discussion: Audits and Investigations of Iraq Contracting," Crowell & Moring, Washington, DC (September 15, 2004). Speaker: David C. Hammond.
· "The New Best Price Exemption for Inpatient Pharmaceuticals: Lessons Learned from a Limited Free Market Attempt to Change a Price-Controlled Market," The Eighth Annual 340B Coalition Conference, Washington, DC (July 13, 2004). Speaker: David C. Hammond.
· "Defense Base Act Issues and Contractors Accompanying a Force Deployed," Roundtable Discussion: Battlefield Contractors, Crowell & Moring, Washington, DC (May 5, 2004). Speaker: David C. Hammond.
· "Ask the Experts (Panelist)," Opportunities and Challenges Under Medicare Rx Reform, hosted by the Public Hospital Pharmacy Coalition, Washington, DC (February 27, 2004). Speaker: David C. Hammond.
· "Medicare Competitive Bidding for Part B Services," Federal Health Care Contracting, American Bar Association Section of Pubic Contract Law and the National Contract Management Association, Washington, DC (June 23, 1999). Speaker: David C. Hammond.
· "Compliance Issues Facing Departments of Defense and Veterans Affairs Medical, Surgical & Pharmaceutical Contractors," American Bar Association Annual Meeting, Section of Public Contract Law and Health Section, Toronto, Canada (August 1, 1998). Speaker: David C. Hammond.