Jonathan M. Baker joined Crowell & Moring LLP in 2007 as an associate in the firm's Washington, D.C. office. He practices in the Government Contracts group.
Jon advises clients on a wide array of government contracts legal issues, including both federal and state bid protests, regulatory compliance, Public Law 85-804 indemnification, and contract terminations. Jon also counsels clients in the areas of patent and data rights. In addition, Jon has advised clients on internal and government investigations regarding potential False Claims Act issues and export violations.
Jon is also actively involved in the firm's pro bono program, having litigated prisoner neglect and parental rights termination matters.
Representative engagements include:
Published GAO Bid Protest Decisions
Representing Protester
· Successfully protested Department of State task order award under the Federal Supply Schedule for vehicle and cargo inspection systems where awardee included price for non-schedule items in the price of schedule items. Rapiscan Systems, Inc., B-401773, et al., Mar. 15, 2010.
· Successfully protested Drug Enforcement Administration award for information technology operations and maintenance services where agency unreasonably failed to determine the extent of the awardee's organizational conflict of interest and unreasonably concluded that the awardee's mitigation plan was sufficient. Nortel Gov't Solutions, Inc., B-299522, et al., Dec. 30, 2008.
Representing Contract Awardee/Intervener
· Successfully defended a Department of Homeland Security, Customs & Border Protection award of an approximately $25 million contract for mobile X-ray systems. Smiths Detection, Inc.; Am. Sci. & Eng'g, Inc., B-402168.4, et al., Feb. 9, 2011.
· Successfully defended an approximately $80 million Department of the Army award for the production of M67 fragmentation hand grenades where two protesters challenged the agency's technical evaluations and conduct of discussions. Martin Elecs., Inc.; AMTEC Corp., B-404197, et al., Jan. 19, 2011.
· Successfully defended over $240 million Department of Health & Human Services award for health insurance benefit administrative services against numerous challenges to the agency's technical, past performance, and cost evaluations and conduct of discussions. Highmark Medicare Servs., Inc.; Cahaba Gov't Benefit Adm'rs., LLC, Nat'l Gov't Servs., Inc., B-401062.5, et al., Oct. 29, 2010.
Claims & Investigations
· Represents major defense contractor in connection with contractor's claim for indemnification for environmental remediation costs and toxic tort litigation expenses.
· Represented major defense contractor in investigation regarding potential export violations.
· Represents contractor in connection with government investigation with potential False Claims Act implications.
Prior to attending law school, Jon served for six years as an officer in the United States Air Force, where he primarily worked in the field of space and missile operations.
Publications
· "Intellectual Property: High Noon for Bayh-Dole?," BNA Federal Contracts Report (March 2011). Co-Authors: John E. McCarthy Jr. and Jonathan M. Baker.
Alerts & Newsletters
· "Inadequate Documentation Dooms Cost Realism Evaluation," Government Contracts Bullet Points (February 14, 2012). Contacts: Daniel R. Forman, Derek R. Mullins, Jonathan M. Baker.
· "Cyber on the Hill," Government Contracts Bullet Points (February 8, 2012). Contacts: David Z. Bodenheimer, Jonathan M. Baker.
· "NASA Pushes FAR, Far Away for Commercial Crew Program," Government Contracts Bullet Points (December 29, 2011). Contacts: Raymond F. Monroe, Jonathan M. Baker.
· "Congress Proposes Changes to Technical Data Rights Statutes," Government Contracts Bullet Points (December 28, 2011). Contacts: John E. McCarthy Jr., Jonathan M. Baker.
· "DoD Opens Dialogue With Industry on Open-Source Software," Government Contracts Bullet Points (December 7, 2011). Contacts: John E. McCarthy Jr., Jonathan M. Baker.
· "US Liable for Environmental Remediation Costs Under Contract Clauses," Government Contracts Bullet Points (November 4, 2011). Contacts: Raymond F. Monroe, Stephen J. McBrady, Jonathan M. Baker, Sarah Gleich.
· "Veterans Affairs Snubs GAO?," Government Contracts Bullet Points (October 24, 2011). Contacts: Amy Laderberg O'Sullivan, Jonathan M. Baker, Angela B. Styles.
· "DOD Revises IP Commercial Item Rules," Government Contracts Bullet Points (September 21, 2011). Contacts: John E. McCarthy Jr., Jonathan M. Baker.
· "Supreme Court Rules on Scope of Federal Contractors' Rights in Federally Funded Inventions," Government Contracts Bullet Points (June 7, 2011). Contacts: John E. McCarthy Jr., Jonathan M. Baker.
· "Government Contracts at the High Court," Government Contracts Bullet Points (March 24, 2011). Contacts: John E. McCarthy Jr., Jonathan M. Baker.
· "DOD Proposes Substantial Revision to Intellectual Property Rules," Government Contracts Bullet Points (September 29, 2010). Contacts: John E. McCarthy Jr., Jonathan M. Baker.
· "Strict Application Of Micro-Purchase Exception Sinks Award," Government Contracts Bullet Points (April 15, 2010). Contacts: Daniel R. Forman, Jonathan M. Baker.
· "CFC Has Jurisdiction Over "Nonprocurement" Protests," Government Contracts Bullet Points (March 29, 2010). Contacts: Frederick (Rick) W. Claybrook Jr., Jonathan M. Baker.
· "It's All In The Name," Government Contracts Bullet Points (October 14, 2009). Contacts: J. Chris Haile, Kent R. Morrison, Jonathan M. Baker.
Speaking Engagements
· "Developments in Government Contractor Intellectual Property Rights," One Ounce of Prevention Seminar (OOPS) XXVII (May 25-26, 2011). Moderator: John E. McCarthy. Speakers: Jonathan Baker and Alexina G. Jackson.
· "Compliance Check-Up: Ten Questions Contractors Should Be Prepared to Answer," Caught in the Federal Procurement Fish Bowl, 26th Annual Ounce of Prevention Seminar (OOPS), Crowell & Moring, Washington, D.C. (May 26-27, 2010). Presenters: Shauna E. Alonge and Jonathan M. Baker.