Keith R. Szeliga: Lawyer with Sheppard, Mullin, Richter & Hampton LLP

Keith R. Szeliga

Phone202.747.1927

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Experience & Credentials
 

Practice Areas

  • Government Contracts, Investigations & International Trade
  • Bid Protests
  • Claims
  • Contract Cost Accounting
  • Exports and Export-Related Controls
  • Foreign Corrupt Practices Act (FCPA)
  • Intellectual Property Rights Under Government Contracts
  • Multiple Award Schedule Contracting
  • The False Claims Act and Related "White Collar" Issues
  • Aerospace and Defense
 
Mailing Address2099 Pennsylvania Avenue, N.W., Suite 100, Washington, District of Columbia, 20006-6801
 
University Wake Forest University, B.A., summa cum laude, 1999
 
Law SchoolHarvard Law School, J.D., cum laude, 2002 Legal Aid Bureau, Law and Philosophy Society
 
Admitted2002, Maryland; 2004, District of Columbia
 
Biography

Keith R. Szeliga is a partner and Co-Practice Group Leader in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office. He is also a member of the firm's Aerospace and Defense Industry Team.

Areas of Practice

Mr. Szeliga represents clients ranging from small businesses to the nation's largest defense contractors in a broad range of Government contracts matters, including:
•Bid protests before the Government Accountability Office (GAO) and the Court of Federal Claims
•Government contracts compliance, including compliance programs, reviews, and counseling
•Mergers and acquisitions (M&A) involving Government contractors
•Audits and investigations, including internal investigations, DCAA audits, and OIG investigations
•Subcontracts and teaming agreements and disputes
•Contract Disputes Act (CDA) claims and appeals

Mr. Szeliga advises clients regarding the full spectrum of statutes and regulators applicable to Government contractors. Representative areas in which Mr. Szeliga has specialized expertise include:
•Government contracts cost and pricing issues, including the Cost Principles, the Cost Accounting Standards (CAS), and the Truth in Negotiations Act (TINA)
•Rights in technical data, computer software, and patents under Government contracts
•Personal and organizational conflicts of interest (PCIs and OCIs)
•Revolving door and other post-Government employment restrictions
•Procurement Integrity Act (PIA) compliance
•Small business issues relevant to Government contractor mergers and acquisitions (M&A)
•Bribery, gratuities, and kickbacks
•False Claims Act (FCA) and other fraud allegations
•The FAR Mandatory Disclosure Rule

Mr. Szeliga publishes and lectures frequently on these and other topics of interest to the Government contracts community. His articles have been cited in several court opinions and numerous law review articles.

Mr. Szeliga has an active SSBI and holds a TS/SCI clearance.

Honors

•Named to Who's Who Legal: Public Procurement, 2015

Experience

Government Contracts Compliance Counseling

Mr. Szeliga has counseled numerous clients, ranging from small businesses to Fortune 500 companies, regarding compliance with the statutes and regulations that apply to Government contractors. Mr. Szeliga's experience in this area includes:
•Developing and implementing Government contracts compliance programs
•Conducting Government contracts compliance reviews
•Drafting Government contracts codes of business ethics and conduct
•Preparing Government contracts policies, procedures, and training materials
•Providing Government contracts compliance training
•Analyzing and mitigating the risks inherent in becoming a Government contractor
•Answering complex compliance questions on a daily basis

Government Contracts Cost and Pricing

Mr. Szeliga has advised clients in matters involving the allowability, allocability, and reasonableness of costs under the FAR Cost Principles; the allocation and assignment of costs under the Cost Accounting Standards (CAS); and the disclosure of cost and pricing data under the Truth in Negotiations Act. Representative examples of Mr. Szeliga's experience include:
•Preparing a claim that resulted in a final decision allowing a contractor to retain hundreds of millions of dollars in insurance recoveries for damages incurred as a result of Hurricane Katrina
•Assisting a defense contractor with DCAA audits and a potential claim involving hundreds of millions of dollars incurred for internal restructuring costs
•Defending a company responsible for building a first-of-its-kind nuclear weapons facility against a notice of intent to disallow certain construction costs
•Counseling a large defense contractor regarding the allowability and allocability of environmental remediation costs
•Conducting investigations involving allegations relating to various categories of allegedly unallowable costs
•Conducting an estimating system review for an aerospace and defense contractor
•Drafting policies and procedures to enhance TINA compliance and minimize defective pricing risk

Government Contracts Intellectual Property

Mr. Szeliga has substantial experience advising clients regarding rights in technical data, computer software, and patents under Government contracts. His expertise in this area includes:
•Counseling clients regarding the FAR, DFARS and DEAR technical data, computer software, and patent rights clauses
•Helping clients to refine their Government contracts intellectual property strategies
•Negotiating intellectual property rights under Government contracts and subcontracts
•Tailoring commercial computer software licenses for Government use
•Assisting clients with issues involving authorization and consent pursuant to 28 U.S.C. 1498
•Developing and implementing policies, procedures, and training materials to protect rights in technical data, computer software, and patents
•Conducting internal reviews to determine the allocation of intellectual property rights under Government contracts
•Supporting claims involving rights in technical data and computer software

Bid Protests

Mr. Szeliga is an experienced bid protest attorney. He has represented protestors and intervenors in numerous bid protests filed at the Government Accountability office and Court of Federal Claims. Representative bid protest matters include:
•Successful representation of Deloitte Consulting LLC in a GAO bid protest challenging the Defense Health Agency's award of a $53.5 million contract to PricewaterhouseCoopers for process improvement and integration services for the Military Health System
•Successful defense of a bid protest challenging the Army's award of a $176.5 million contract for services to support counter-insurgency and counter-IED devices in Afghanistan (Science Applications Int'l Corp., B-407013, 2012 CPD 308)
•Successful defense of a bid protest challenging the General Services Administration's award of a Blanket Purchase Agreement to W.W. Grainger to supply hardware products to Marine Corps bases (Woodcrest Ace Hardware-MSC Industrial Supply Co., B-401417, 2010 CPD 162)
•Successful defense of the Army's award of a multibillion dollar contract to Northrop Grumman Cobham Intercoms LLC for an improved vehicle intercommunication system (Telephonics Corp., B-401647, B-401647.2, 2009 CPD 215)
•Successful defense of the Social Security Administration's award of a GSA Schedule blanket purchase agreement to Hewlett-Packard for computer equipment (Dell Marketing LP, B-400784, 2009 CPD 35)
•Successful defense of the Navy's award of a $1.16 billion contract to Northrop Grumman for the Broad Area Maritime Surveillance Unmanned Aircraft System (Lockheed Martin MS2 Tactical Sys., B-400135, B-400135.2, 2008 CPD 157)
•Successful representation of Sikorsky Aircraft Company in a GAO bid protest challenging the Air Force's award of, and subsequent corrective action in connection with, a $15 billion contract for the next generation of Combat Search and Rescue (CSAR-X) helicopters (Sikorsky Aircraft Co, B 299145 et al., 2007 CPD 45; Lockheed Martin Sys. Integration-Owego, B 299145.5 et al., 2007 CPD 155)
•Successful defense of a classified agency's award of a contract for terrorism watch-listing services (unpublished)
•Successful representation of Northrop Grumman in a GAO bid protest challenging the Army's failure to award one of several contracts in a nine-year, $20 billion program for worldwide information technology services (Multimax, Inc. et al., B-298249.6 et al., Oct. 24, 2006, 2006 CPD 165)
•Successful representation of a small business in a GAO bid protest of the Army's award of a contract for inlet barrier filtration devices for the UH-60 helicopter (Filtration Dev. Co. v. United States, 60 Fed. Cl. 371 (2004)

Government Contracts Investigations

Mr. Szeliga has conducted dozens of internal investigations. He has assisted with mandatory and voluntary disclosures and also defended clients in Government investigations conducted by OIGs and DOJ. Representative examples of issues with respect to which Mr. Szeliga has investigation experience include:
•Procurement Integrity Act (PIA) compliance
•Revolving door and other post-Government employment restrictions
•Gifts, gratuities, and kickbacks
•Personal and organizational conflicts of interest (PCIs and OCIs)
•Price reductions clause (PRC) and defective pricing allegations under GSA Schedule contracts
•Labor charging, including labor mapping and qualifications
•Expressly unallowable costs
•False Claims Act (FCA) and related fraud allegations

Mergers and Acquisitions

Mr. Szeliga has represented clients in numerous corporate transactions involving Government contractors. He advises clients regarding Government contracts risks and opportunities, drafts and negotiates Government contracts representations and other terms, and leads Government contracts due diligence teams. Representative M&A transactions that Mr. Szeliga has supported from a Government contracts perspective include the following:
•Represented CACI International, Inc. (NYSE: CACI) in connection with its acquisition of the National Security Solutions business of L-3 Communications, Inc. (NYSE: LLL)
•Represented Iron Data Solutions, LLC (a portfolio company of Arlington Capital Partners) in connection with its acquisition of MicroPact, Inc., a leading enterprise software company providing solutions primarily to federal customers
•Represented KLH Capital in connection with the sale and recapitalization of Federal Resources Supply Company, Inc. (a provider of mission critical solutions to military personnel and first responders) to existing management and a minority investor
•Represented Cubic Corporation (NYSE: CUB) in its acquisition of DTech Labs, Inc.
•Represented Arlington Capital Partners and its portfolio company Quantum Spatial, Inc. in connection the acquisition of Watershed Sciences, Inc.
•Represented L-1 Identity Solutions (NYSE: ID) in connection with the sale of its intelligence services business to BAE Systems, Inc.
•Represented Arlington Capital Partners and its portfolio company Chandler/May, Inc. in connection with the acquisition and recapitalization of Aeromech Engineering, Inc.

Publications & News

Articles

• This Time, It's Personal: PCIs in Government Contracting, Contract Management, February 2012
• Identifying Viable Preaward Bid Protest Allegations At The GAO, Briefing Papers, No. 10-6, May 2010
• How to Avoid Giving Away Your Proprietary Technical Data and Computer Software Under Contracts with the Department of Defense, The Clause, September 2009
• Protecting Your Proprietary Rights, Contract Management, July 1, 2009
• Identifying Viable Postaward Bid Protest Allegations At The GAO, Briefing Papers, No. 09-4, March 1, 2009
• Trade Agreements Act of 1979, in Chapter 14, Terms and Conditions, GSA Schedule Handbook, Thomson West, 2008
• So You Lost - Now What? A Vacationer's Guide To GAO Bid Protests, Contract Management, November 1, 2008
• Conquering Uncertainty in an Indefinite World: A Survey of Disputes Arising Under IDIQ Contracts, Public Contract Law Journal, Spring, 2008
• Watch Your Step: A Contractors Guide to Revolving-Door Restrictions, Public Contract Law Journal, Summer 2007
• Conflict and Intrigue in Government Contracts: A Guide to Identifying and Mitigating Organizational Conflicts of Interest, Public Contract Law Journal, Summer 2006
• In Search Of A Better Audit - A Proposal For Instilling Greater Consistency And Transparency In The GSA IG Audit Process, The Government Contractor, February 15, 2006

Government Contracts, Investigations & International Trade Blog Posts
• Data Rights Redux - 10 Ways to Preserve Your IP, October 29, 2014
• Creating Intellectual Property is Hard; Losing It to Uncle Sam is Easy, September 24, 2013
• Preventing Personal Conflicts Of Interest Among Contractor Employees Performing Acquisition Support Services, April 16, 2012
• New Personal Conflict Of Interest Rules For Contractors, November 16, 2011
• Proposed FAR Rule: A New Regulatory Framework For Organizational Conflicts Of Interest And Unequal Access To Nonpublic Information, May 12, 2011
• The Transparency Monster Strikes Again: New Reporting Requirements For Executive Compensation And First-Tier Subcontract Awards, August 17, 2010
• The Dangers Of Courtship: Organizational Conflicts Of Interest Arising From Contemplated Corporate Transactions, May 12, 2010
• Ten Tips for a Successful Debriefing, April 9, 2010
• But You Promised! Ten Simple Steps for Avoiding the Apparent Authority Trap, February 17, 2010
• GAO's Bid Protest Annual Report to the Congress for Fiscal Year 2009 - Another Busy Year for GAO, Another Good Year for Protestors, February 17, 2010
• Render Unto Caesar What Is Caesar's... Or Else: The Expansion of False Claims Act Liability to the Retention of Overpayments, June 11, 2009
• Use of Government Personnel, Uniforms and Insignia in Promotional or Advertising Materials, May 12, 2009
• When Generosity Becomes a Vice: Eighth Circuit Affirms Gratuities Conviction Based on Email Correspondence Between Contractor and Government Employee, April 9, 2009
• DoD Issues Interim Rule Requiring Contractors to Ensure That Former DoD Procurement Officials Have Obtained a Pre-Hire Ethics Opinion, February 17, 2009
• So You Lost - Now What? A Vacationer's Guide to GAO Bid Protests, January 7, 2009
• Appearance of an OCI Standing Alone Is Insufficient to Disqualify Offeror, October 6, 2008
• Conquering Uncertainty in an Indefinite World: A Survey of Disputes Arising Under IDIQ Contracts, June 30, 2008
• Administration of Organizational conflict of Interest Mitigations Plans -- Are Special Masters on the Horizon? March 13, 2008
• Revolving Door, November 30, 2007
• Axiom Resource Management v. United States: Judicial Scrutiny of Organizational Conflicts of Interest Intensifies, October 30, 2007

 
ISLN916980885
 
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Office Information

Keith R. Szeliga

2099 Pennsylvania Avenue, N.W., Suite 100
WashingtonDC 20006-6801




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