David Gallacher is a partner in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office.

Areas of Practice

Mr. Gallacher's professional experience involves a wide variety of litigation, administrative, and counseling issues related to federal procurement laws. His experience is extensive and includes complex litigation in federal court under the qui tam provisions of the False Claims Act, claims disputes before the Boards of Contract Appeals and bid protest actions. He regularly counsels both domestic and foreign companies on issues relating to compliance with government regulations including, among other things, subcontract administration, country of origin requirements under the Buy American and Trade Agreements Acts, export controls, commercial item exceptions, merger and acquisition due diligence, cost accounting, suspension and debarment, and small business requirements. He also regularly conducts compliance reviews and internal investigations to assist companies ensure that they are in full compliance with the law.

Articles

· Deciphering The Alphabet Soup - FAPIIS, CPARS And PPIRS, Law360, April 20, 2012

· Hits And Misses In DOD IR&D Rule, Law360, March 20, 2012

· "'Buy American' And Solar Devices - DOD Clarification", Law360, February 21, 2012

· The Continuing Saga Of Specialty Metals - Nothing Is Ever So Bad That It Cannot Be Made Worse, April 28, 2007

· Recent Legislation On Award And Incentive Fees - Why Congress Thinks That 'Satisfactory' Performance Is Unacceptable And DOD Is Caught In The Middle, November 15, 2006

· Berry Amendment 'Reform' - The Sound and The Fury, October 25, 2006

· Financing Government Contracts / Edition II - Part I, April 21, 2005

· Financing Government Contracts / Edition II Part II, April 21, 2005

· Speciality Metals and the Berry Amendment - Frankenstein's Monster and Bad Domestic Policy, April 21, 2004

· Liability Limitations For Anti-Terrorist Technologies Under the SAFETY Act, December 3, 2003

Global Trade Law Blog Postings

· "International Sanctions - Updates to U.S. Sanctions Laws in 2011," January 17, 2012

Government Contracts, Investigations & International Trade Blog Postings

· "'Buy American' Compliance Tips," April 29, 2013

· "Playing Cards With a Government That Stacks the Deck - D.C. District Court Radically Expands The "Christian Doctrine" To Subcontracts," April 29, 2013

· "Country of Origin for Computer Software - U.S. Customs Finally Sheds Some Light on the Issue," February 11, 2013

· "Free Trade Agreement Updates for 2012," February 11, 2013

· "Smash & Grab Redux - Congress Seems to Give DCAA Permission But Forgets to Give It Authority," January 28, 2013

· "Smash & Grab - DCAA Poised to Gain Access to Contractor Internal Audit Reports," December 17, 2012

· "Free Trade Agreement Updates - Changes to the WTO GPA and KORUS FTA," April 16, 2012

· "Terrorism and Taxes - Proposed FAR Rule Imposes 2% Tax on Foreign Offers to Fund 9/11 Relief Fund," March 16, 2012

· "New 2012 Updates to U.S. Free Trade Agreements Expected; No Progress With China," February 13, 2012

· "2011 Year In Review: Export Controls and Promised Reforms," January 11, 2012

· ""Bah! Humbug!" - 3% Withholding and the Ghost of Christmas Future," January 11, 2012

· "The Times They Are A Changin' - Independent Research and Development May Not Be So "Independent" Any More," April 18, 2011

· "Size Does Matter - Impacts Of The Small Business Jobs Act Of 2010," December 17, 2010

· "Bidding Adieu To The "Summer of Recovery": Changes To ARRA Buy American And Reporting Requirements," November 11, 2010

· "Recovery Act and Updates to "Buy American"," April 13, 2010

· "New 2010 Updates to Buy American and Trade Agreements Dollar Thresholds; Buy American Requirements Remain Elusive and Complicated," January 11, 2010

· "It's Time to Report That Stimulus Information That You've Been Collecting -- Are You Ready?" October 5, 2009

· "The Moment of Truth Has Arrived -- "Made In Taiwan" Now Qualifies Under the TAA," October 5, 2009

· "DHS Publishes New Rules Expanding Berry Amendment to Most DHS Procurements," October 5, 2009

· "More Than a Year In the Making! -- DOD Issues Final Rules for Specialty Metals; New Rules Are No Less Complicated," October 5, 2009

· "Working Like a Highway Road Crew -- Government Finally Amends SF 1443 to Eliminate References to "Paid Cost Rule," a Mere Seven Years After the Fact," July 7, 2009

· "Country of Origin - "Made In Taiwan" Will Soon Be TAA Compliant; China Continues to Dawdle; Costa Rica, Peru, and Oman also Recognized," July 7, 2009

· "Recovery Act Update - U.S. Stimulus: "Buy American"; PRC Stimulus: "Buy Chinese"; Canada and WTO: "Not Pleased"," July 7, 2009

· "ARRA Risks -- Traps for the Unaware," July 7, 2009

· "New Recovery Act Rules Implement Provisions Relating To Government Audit Access, Whistleblower Protections, And Buy American Requirements; Much Confusion Remains," April 9, 2009

· "DOD Conclude That Specialty Metals Are Not Materials Critical To The National Security Interests Of The U.S.," April 9, 2009

· "More Buy American Requirements in the 2009 Stimulus Act: Berry Amendment Expanded To Include DHS," March 19, 2009

· "District Court Enjoins Enforcement of Statute Providing for Race-Based Preferences in Federal Procurement and University Contracts; DOD Issues a Pyrrhic Waiver," March 19, 2009

· "Stimulation Has Its Price - The Audit and Oversight Provisions of The 2009 Stimulus Bill Are Unlike Anything Most Funding Recipients Have Ever Seen," February 23, 2009

· "New Rules For Commercial Off-The-Shelf Products Exempts BAA Components And Exempts Recycled Content Reporting Requirement," February 17, 2009

· "Free Trade Agreements, "Made In America," and The 2009 Stimulus Package - Country of Origin Requirements Remain an Elusive Compliance Obligation," February 17, 2009

· "Department Of Commerce Proposes New Rule For Intra-Company Transfers," January 7, 2009

· "Treasury Issues Final Rules Describing Procedures For Reviewing Foreign Investment In U.S. Companies," January 7, 2009

· "New Export Rules Revise De Minimis Provisions, Allowing Bundled Software To Be Included In Commodity Valuation, Clarifying Terms, And Reducing Reporting Requirements," November 17, 2008

· "Encryption Export Restrictions Loosened Under New Rules That Reduce Pre-Review And Reporting Requirements," November 17, 2008

· "Federal Circuit Strikes Down DOD Preferences For Minority Contractors As Unconstitutional; Consequences Uncertain," November 17, 2008

· "Export Licenses Are Now C.O.D. - Department Of State Modifies ITAR Registration Fee Structure To Increase Fees And Provide For More Consistent Revenue Stream," October 6, 2008

· "Hitchcock And Specialty Metals - DOD's New Proposed Rules Are Dizzying; Ambiguities Remain," September 8, 2008

· "New DOD Rule Imposes Contractual Requirement For Contractors To Comply With U.S. Export Laws," September 8, 2008

· "Specialty Metals Update: HASC Criticizes DCMA's January 2008 Specialty Metals Class Deviation," June 30, 2008

· "Amicus Brief Filed in U.S. Supreme Court to Support Reversal of Decision Holding That Any Government Contract Tainted by Fraud is Void from the Outset," June 30, 2008

· "Comments on Proposed CFIUS Rules Range from Cautious Praise to Outright Criticism," June 30, 2008

· "Treasury Proposes New Rules for Reviewing Foreign Investment in U.S. Companies," May 15, 2008

· "New Specialty Metals Rules Add to Existing Confusion; DOD Suggests Single Process Initiative May Help Streamline Application," April 18, 2008

· "DOJ Does Not Support Recent Proposed FCA Amendments - Why Then Do Some in Congress Still Think Changes Are Required?," March 13, 2008

· "Pending Legislation Would Expand Extraterritorial Prohibition on Doing Business with Iran, Even for Foreign Companies; U.S. Companies with Foreign Subsidiaries Should be Warned," February 6, 2008

· "New Legislation Would Loosen Specialty Metals Restrictions While Leaving Heavy Administrative Burdens on Industry", January 16, 2008

· "Export Enforcement," September 20, 2007

Speeches

· "Drafting and Negotiating Teaming Agreements," Public Contracting Institute (2011 - present)

· "Teaming Agreements and Advanced Subcontracting," Federal Publications (2008 - present)

· "Contract Compliance: Choose Your Own Adventure," Public Sector 2012 Federal Summit, June 21, 2012

· "Small But Smart: Three Things Every Small Business Should Know About Selling to the Government," Public Sector 2012 Federal Summit, June 21, 2012

· "Extracting Revenue from Government Contractors - Withholding Taxes and Imposing Penalties," GovEd Alliance, June 9, 2011

· "Buy American Act and Trade Agreements Act- Country of Origin Restrictions Under U.S. Law," Technology Advances, December 13, 2010

· "Making Sense of the Specialty Metals Requirements," American Conference Institute's DOD Contracting Summit, June 23, 2010

· "Overview of Requirements Under the Stimulus Act," PLI, March 12, 2010

· "Strings Attached to Stimulus Funding - The Buy American Act and Expanded Government Audits," CLE International, March 4, 2010

· "Considering the Future of Commercial Contracting," Presented to the Association of Integrated Dual-Use Commercial Companies, February 5, 2009

· "Globalization - Practical Considerations in Day-to-Day Business With an International Focus," NCMA's World Congress, April 24, 2007

· "Whistleblower Statutes & Corporate Compliance," Lorman Seminars, April 6, 2006

· "U.S. Export Control Laws," NCMA, Northern Virginia Chapter, October 18, 2005

· "Best (and Worst) Practices: Lessons Learned from the Federal Procurement System," North Carolina Statewide Purchasing Conference, Raleigh, North Carolina, March 29, 2005