Sheppard Mullin

Federal contract awards are frequently challenged – or "protested" – either in the U.S. Court of Federal Claims ("COFC") or before the newly re-named Government Accountability Office ("GAO"), previously known as the General Accounting Office. Such protests are also filed from time to time directly with the procuring agency, either as a "lower profile," more "customer friendly" grievance procedure or as a precursor to a more adversarial proceeding at the COFC or GAO.

Our attorneys have a wealth of experience both (a) in challenging the propriety of an award (should our client be an unsuccessful offeror), and (b) in assisting the Government buyer in defending the award (if our client is the awardee). Our protest experience includes procurements relating to virtually every federal agency and to products and services that cover the entire spectrum of federal expenditures. We have handled protests relating to contracts valued in excess of $5 billion, and protests involving far more modest contract values. Our experience enables us to tailor our representation to the individualized needs of the client and the particularized requirements of the procurement that is at issue. Moreover, because a number of our attorneys hold national security clearances, we are able to provide representation in connection with matters involving vital national security interests.

Our attorneys are also extraordinarily experienced in the conduct of debriefings, in assisting clients in the conduct of an effective debriefing, and in assessing debriefing results to evaluate, in pragmatic fashion, the prudence of protesting, the likelihood of success, and the type of relief that would ordinarily be available in the event of success.

We have handled protest matters relating to such matters as:

• A challenge to the award of a $3 billion Navy contract for the development of a new generation of combat vessels
• A $5 billion contract for the repair and refurbishment of our nation's nuclear arsenal
• Multiple contracts for the award of satellite contracts by a variety of classified and unclassified Government agencies
• A contract for the management of a missile test range for the U.S. Air Force
• A contract for the development and deployment of a new DoD-wide travel management system
• A contract for the acquisition of travel services by the General Services Administration

Generically, we have handled protests involving the following types of recurring issues:

• Non-responsive bids
• The Government's unequal treatment of offerors
• Bid mistakes
• The Government's failure to conduct meaningful discussions
• Best value procurements, including cost/technical trade-offs
• Cost and/or price realism analyses
• Past performance evaluations
• Organizational and/or personal conflicts of interest
• "Bait and switch"
• Restrictive specifications
• "Buy National" restrictions and other non-tariff trade barriers
• Deviations from the announced evaluation criteria
• Unbalanced bidding 
• Cardinal changes

"As Sheppard Mullin continues to grow, it is important that we not lose sight of the need to recruit women, attorneys of color and others of diverse backgrounds."
-Guy Halgren, Chairman of the Executive Committee

At Sheppard Mullin, we make every effort to recruit the finest lawyers and nurture their talents. The firm recognizes the importance of diversity and the need to create a workplace of inclusion. We need ¿ and our clients demand ¿ a team of attorneys that is as diverse as our increasingly global client base. Achieving and maintaining diversity is key to great client service ¿ a core value of our firm. What distinguishes good intentions from results is a commitment by senior management to find the best attorneys possible coupled with the sincere belief that people with diverse backgrounds bring valuable attributes to the firm. At Sheppard Mullin, the Executive Committee, Diversity Committee, and the lawyers in each of our offices work hard to ensure that all attorneys who join our firm fit in seamlessly and are encouraged to succeed.

Members of our Diversity Committee include ethnically diverse attorneys and a representative from the firm's Executive Committee. Diversity Committee members have served on the Boards of the Anti-Defamation League, the Black Women Lawyers Foundation (Los Angeles), and the Charles Houston Bar Association (northern California). Women and minority attorneys participate on key committees of the Firm (Executive Committee; Compensation Committee; Diversity Committee; Recruiting Committee; Professional Personnel Committee; Associate Issues Committee). Four of the Firm's nine Office Administrative Partners are women, one of whom is African-American and another is multi-racial.

"Serving on the firm's Diversity Committee is one of the most important things I do. I firmly believe that we must be vigilant in our efforts to recruit talented women attorneys and attorneys of color. Our success in this area has a positive effect our firm's culture, practice and client relationships."
-Joan Story, Member Executive Committee and Diversity Committee

Below is a description of just some of our outreach efforts.

• The firm participates in and financially supports the California Minority Counsel Program and the ABA Minority Counsel Program, as well as several minority bar associations. These groups are dedicated to increasing access for and promoting and retaining minorities in the legal profession.
• The firm actively recruits law students of color, e.g., we participated in the National Black Law Students Association (NBLSA) of the Western Region job fair held at UCLA School of Law.
• Sheppard Mullin contributes to the Minority Corporate Counsel Association; California Women Lawyers; Queen's Bench; Black Women Lawyers Association of Los Angeles; and the National Black Law Students Association, among others.
• We actively participate with other major Los Angeles law firms in the Diversity Directors Roundtable, a group that is committed to promoting diversity in the legal profession and in our firms.
• The firm received the Law Firm Award from the Black Women Lawyers Association of Los Angeles Foundation for its strong commitment to the promotion of community and pro bono activities.
• Multicultural Law magazine named Sheppard, Mullin, Richter & Hampton LLP as one of "The 2011 Top 100 Law Firms for Diversity."
• Sheppard Mullin helped underwrite the production of a motion picture project entitled "Soul of Justice: The Life and Times of Thelton Henderson." The film chronicles the life of respected African-American jurist Thelton Henderson, a crusading civil rights litigator and role model.
• The firm signed the Bar Association of San Francisco's "No Glass Ceiling Initiative," BASF's "Minority Goals and Timetables," the New York County Lawyers' Association Diversity Statement, and the Los Angeles County Bar Association's Diversity Statement.

Much of our pro bono work relates to the diversity of the communities in which we practice; sample clients include:

• Constitutional Rights Foundation
• Domestic Violence Project, Los Angeles Bar Association
• Lawyers Committee for Civil Rights
• Task Force for the Women's Resource Fair, City of San Diego
• Tolerance Through Education Program, Beverly Hills Barristers Associations
• Violence Against Women Act Program, Legal Aid Foundation of Los Angeles

Awareness of diversity enables us to understand the value of differences. At Sheppard Mullin, we are committed to hiring top tier attorneys, without regard to race, ethnicity, gender or sexual orientation.