ROGERS JOSEPH O'DONNELL www.rjo.com GOVERNMENT CONTRACTS Rogers Joseph O'Donnell is highly respected as one of the leading government contracts law firms in the country. For several years the firm has been recognized by Chambers USA as one of the top eight government contracts law firms in the nation and "far and away the best government contracts lawyers on the West Coast." Three of our lawyers have been identified as among the nation’s leading government contracts lawyers. Allan Joseph and Neil O’Donnell are in our San Francisco office. Bob Metzger has opened our new office in Washington, D.C. For thirty years, RJO has been committed to excellence in public sector procurement. Allan Joseph and Neil O’Donnell have earned distinction for their experience, expertise and the wisdom accumulated from their years of practice. Their specialties include civil litigation in government procurement and construction projects, terminations, bid protests, investigations and defense of actions under the False Claims Act. Bob Metzger brings diverse skills and accomplishments to RJO. Recognized for his scholarly work in areas such as bid protests and Organizational Conflict of Interest (OCI), Bob is an accomplished litigator who has represented leading companies in civil litigation and in defense of False Claims Act cases. Allan, Neil and Bob enable RJO to offer strategic counseling services to sophisticated clients which leverages the breadth of their experience, their industry knowledge, and their recognized subject matter expertise in government contracts policy and law. They enjoy the support of a very deep bench which includes shareholders Mark Linderman, Pat Meagher, Thomas Blanford, Gayle Athenacio and Aaron Silberman, as well as a team of dedicated associates. The value proposition of RJO is straightforward. RJO offers the agility and responsiveness of a small firm with the credentials, concentration of expertise and depth of a large firm. Reflecting its lean operation and the commitment of its government contracts team, RJO can staff matters and deliver services at budgets which many competitors cannot match. Because of the breadth of our practice, government contractor clients benefit from our experience on prior cases. With our new office in Washington, D.C., our government contracts attorneys handle all aspects of government contracting at the federal, state and local levels throughout the country. With Bob Metzger’s presence, we also advise aerospace and defense companies in international procurement opportunities. RJO’s practice encompasses counsel on response to solicitation and procurement requirements, teaming and joint venture agreements, bid protests, claims, cost allowability and CAS, negotiation and drafting of prime contracts and subcontracts, procurement integrity, conflict of interest and ethics matters, matters arising from allegations of fraud, labor, rights in data and computer software, and general counseling in the voluminous and complex web of federal, state and local regulations that apply to government contracts. Our government contracts lawyers practice in federal and state courts, before the Boards of Contract Appeals, in the United States Court of Federal Claims and in the Federal Circuit. We regularly handle protests before the GAO. In addition to handling litigation and appeals, we also are skilled at mediation and arbitration. We are regularly called upon to conduct internal investigations. We assist in preparing voluntary disclosure and in dealing with federal and state compliance, oversight and enforcement agencies. We have extensive experience defending actions brought under the False Claims Act. Reflecting our subject area expertise, RJO attorneys regularly advise clients in business planning, risk assessment and compliance matters. We assist in M&A and other transactional roles, such as due diligence, in corporate deals involving government contractors. Allan Joseph was a lead editor in an ABA book on best practices in government contractor acquisitions. Bob Metzger has acted as a strategic 307605.1 ROGERS JOSEPH O'DONNELL www.rjo.com advisor on domestic and international business ventures involving government contractors and has managed complex aerospace and defense business projects. RJO encourages its government contract lawyers to be active in the bar and trade associations. Two of our shareholders, Allan Joseph and Pat Meagher, are past Chairpersons of the ABA’s Public Contracts Section, and Aaron Silberman is a member of the leadership council of the Section. Bob Metzger is an officer of the Aerospace & Defense Industries Committee of the Section of International Law. Our shareholders regularly lecture and publish on major developments in public sector procurement. Representative List of Clients Accenture, LLP, Apple Computer, AT&T, ATK Thiokol, Agilent Technologies, BAE Systems, Brown and Caldwell, Deloitte Consulting, DynCorp International, Educational Testing Services, Gateway Inc., Health Net, Hewlett Packard Corporation, Hexcel Corporation, Honeywell, John Bean Technologies, Karem Aircraft, Kiewit Corporation, KLA Tencor, Inter-Con Security Systems, Lockheed Martin, Molina Healthcare, Northrop Grumman, SAP America, Stanford University, URS Corporation, Varian Medical Systems, Inc., Visionary Integration Professionals (ViP) Representative Cases and Issues • Representation of Northrop Grumman in its dispute with Boeing over the award by the U.S. Air Force of a $40 billion contract for aerial refueling tankers • Representation of Accenture LLP in its dispute over the performance of an IT services contract for the State of Colorado • Representation of Deloitte Consulting in successful protest of award of an IT services contract by the State of California. • Representation of Hewlett Packard in connection with its acquisition of Electronic Data Systems Corporation • Representation of Accenture LLP in successful defense of bid protest against $450 million “best value” contract award • Representation of PlanetSpace in its dispute at the GAO with SpaceX and Orbital Sciences Corporation over the award by NASA of $3 billion in contracts for commercial resupply of the International Space Station • Representation of Ticketmaster in litigation at the Court of Federal Claims where an awarding federal agency disregarded the results of a GAO bid protest • Representation of MCI and Pacific Bell in defense against bid protest and writ actions challenging the State of California award of a $1 billion telecommunications contract • Representation of AT&T in litigation with local governments in California seeking to establish the carrier’s right to offer video services via a telephone network without local “franchise” • Representation of Filtration Development in successful OCI challenge at Court of Federal Claims to Army contract awards for helicopter systems. • Representation of a California manufacturer in successful defense against criminal and civil False Claims actions alleging nonconforming aircraft parts. 307605.1 ROGERS JOSEPH O'DONNELL www.rjo.com • Representation of Applied Technology before the Armed Services Board of Contract Appeals in a contract dispute between contractor and U.S. Air Force over cost accounting issue of first impression • Representation of Northrop Grumman Information Technology in connection with challenges to and investigation of State of California Software Enterprise License Agreement • Integrity Management International, Inc. v. Secretary of the Army, United States District Court, San Francisco; successfully overturned award of contract to client’s competitor • Lockheed v. Garrett, et al., United States District Court, Central District of California; enjoined Navy from withholding $124 million in unliquidated progress payments • Representation of Inter-Con Security Systems, Inc. in successful GAO protests of guard contracts at U.S. Embassies in Ivory Coast and Guatemala • San Joaquin Helicopters v. State of California; Dyn Corp. Technical Services, Real Party in Interest; successful defense in California Superior Court and Court of Appeal of protest to award of contract for operation and maintenance of State firefighting airplanes • Titan Systems v. General Electric, United States District Court, Eastern District of Pennsylvania; disputed contract between prime and subcontractor on government contract • United States ex rel. Boisvert v. FMC Corporation, United States District Court, San Jose; amendment to False Claims Act held not retroactive • Representation of United Defense, L.P. in termination for convenience of Crusader program • Representation of HealthNet in successful defense of challenge to award of California Medicaid contract • Representation of BAE Systems in defense of Navy’s claim for environmental clean-up costs at a former government owned, contractor operated site For information contact: ROGERS JOSEPH O'DONNELL Neil H. O’Donnell 311 California Street (10th Flr) San Francisco, CA 94104 415.365.5355 direct | 415.956.2828 main 415.956.6457 fax Robert S. Metzger 750 Ninth Street, N.W., Suite 710 | Washington, D.C. 20001 202.777.8951 direct | 202.777.8950 main | 415.956.6457 fax 213.880.4224 mobile [email protected] www.rjo.com 307605.1 .