Mr. D'Agostino has extensive experience in all facets of Government Contracts, including contract administration, claims, litigation and protest issues. He handles Government Contracts disputes and protests before various United States District Courts, the Court of Federal Claims, the General Accounting Offices and Boards of Contrast Appeals. He has been involved in Appellate issues in the 2nd, 4th, 11th and Federal Circuits. He also has wide-ranging experience representing clients in various business transactions including negotiations of joint venture agreements, teaming agreements, and the purchase and sale of business assets, as well as comprehensive experience in Government Contract Financing.
Areas of Concentration
· Information technology for commercial and governmental applications
· Military and commercial aircraft contracts
· Analysis and investigation of False Claim issues
· "Qui Tam" defense
· Small business issues
· Personal and organizational conflicts of interest
· Borrower and lender government contract financing
· United States Court of Federal Claims protests
· Appellate Litigation in United States Court of Appeals for the Federal Circuit
· Classified data and contract issues
· GSA/Federal supply schedule contracting
· Government contractor due diligence
· International contracts with the U.S. government
Professional & Community Involvement
· Trustee, Fairfax County Public School Education Foundation
· Director, Greater Washington Area, Easter Seals Foundation
Awards & Recognition
· Noted, Chambers & Partners USA Guide, an annual listing of the leading business lawyers and law firms in the world, 2008 edition
· Successfully litigated a single bid protest through GAO, United States District Court for the Southern District of Florida, the United States Court of Appeals for the 11th Circuit and the Court of Federal Claims.
· Successfully prosecuted the first claim against a prime contractor in the U.S. District Court for the Eastern District of New York and the U.S. Court of Appeals for the 2nd Circuit allowing for overhead damages in a promissory estoppel case.
· Obtained a written finding of "no foundation" in the criminal investigation of a classified contract.
· Obtained numerous protest prosecution and defense victories.
· Successfully defended an award for complex ship subsystems.
· Successfully negotiated contracts for military and commercial aerospace systems.
· Performed numerous internal audits for Government Contractors.
· Performed due diligence for Government Contractor in a classified situation for sale of its assets.
· Represented Aerospace Parts manufacturer in sale of its business
Publications & Presentations
Articles, Lectures & Publications
· Co-Author, "Lessons Learned from Latest Ethics Violation, National Defense Magazine, April 1, 2011
· Co-Author, "When to Invite, or Not Invite, Federal Employees," National Defense Magazine, December 2008
· Co-Author, "Self-Disclosure Rules Create Ambiguities," National Defense Magazine, June 2008
· Co-Author, "Government Contractors, Equal Opportunity & Affirmation Action," Employment Law in Virginia, Chapter 7, 2001-2005
· Author, "Personal Conflicts of Interest in Government Contracting," ABA Monograph, 1988
· Author, "Organizational Conflicts of Interest in Government, ABA Monograph, 1987