LL.M., The George Washington University Law School
LL.M., The Judge Advocate General's Legal Center and School
J.D., William & Mary Law School
B.A., with honors, University of Virginia
Bar and Court Admissions
District of Columbia Bar
Virginia Bar (Associate)
U.S. Court of Federal Claims
Rick has more than 21 years of experience handling all aspects of the federal procurement matters. He is an expert in all stages of federal contract law and litigation, including terminations, procurement disputes, protests, procurement integrity, and suspensions and debarments.
- Handles matters before the Armed Services Board of Contract Appeals (ASBCA), the Civilian Board of Contract Appeals (CBCA), the Small Business Administration (SBA), the Office of Hearings and Appeals (OHA), the Government Accountability Office (GAO), and the agency Suspension and Debarment Officials, along with internal investigations related to fraud/false claims matters.
- Experienced in controversial, high-visibility cases, including complex litigation and more than 300 adversarial proceedings. Notable cases include:
- Protest of Fluor Federal Solutions, LLC, B-410486, January 2, 2015 (Lead Counsel in sustained GAO bid protest finding that Navy’s cost realism evaluation was based on the mechanical application of a government estimate that did not take into consideration each offeror’s unique technical approach).
- Protest of AECOM Technical Services, Inc., B-411862, November 12, 2015 (Lead Counsel in GAO bid protest finding that Department of Energy had improperly eliminated AECOM from a competition on the basis of a minor informality which should have been waived).
- Protest of CORTEK, Inc., B-412407, December 17, 2015 (Lead Counsel in GAO bid protest finding that the Navy had made multiple evaluation errors which prejudiced the client in the source selection).
- Appeal of Global 1st Flagship, SBA No. SIZ-5462 Size Determination Nos. 6-2013-027, 6-2013-028, 6-2013-029, April 22, 2013 (Co-counsel-Defeated protester's attempt to extend affiliation to personal relationships other than marital).
- Appeals of J.F. Taylor, Inc., 12-1 BCA P 34920, ASBCA No. 56105, 2012 WL 261272, (A.S.B.C.A.), January 18, 2012 (Lead Counsel-Overturned the Defense Contract Audit Agency (DCAA) executive compensation review method).
- Appeals of BearingPoint, Inc., 09-2 BCA P 34289, ASBCA No. 55354, 2009 WL 3550188, (A.S.B.C.A.), October 16, 2009 (Lead Counsel-Established that contractor testimony can substitute for missing documentary evidence in proving allowability of costs).
- Turner Construction, Inc. v. United States, 94 Fed.Cl. 586 (Fed.Cl., 2010) (Co-counsel-Overturned the GAO decision that had stripped $330 million contract from client, resulting in reinstatement of contract).
- White v. Delta Const. Intern., Inc., 285 F.3d 1040 (C.A.Fed.,2002) (Of Counsel-Established proper measure of damages for breach of IDIQ contract minimum amount clauses).
- United States v. Schneider, 38 M.J. 387 (C.M.A. 1993) (Lead Prosecutor in trial of Army major at general court-martial for attempted murder of his wife, following acquittal in civilian court).
- Responsible for providing total legal support for Army major command leading up to the handover of the Panama Canal.
- Assured provision of total legal services to scientific, technical and contracting personnel operating the only U.S. certified ballistic missile test facility, U.S. Army Kwajalein Atoll.
- Persuaded an agency to ratify a multi-million dollar unauthorized commitment based on a constructive change theory.
- Obtained a dismissal with prejudice of a False Claims Act (FCA) complaint.
- Successfully prosecuted and defended numerous protests before the Comptroller General.
- Represents clients in responding to DCAA executive compensation reviews.
- Provided complete government procurement law services to the third largest Army contracting activity, with more than $8.5 billion in annual obligations, while managing activities of contracting professionals, a legal staff, and a global procurement portfolio.
- Established and managed ethics programs for the federal procurement policies and innovative agency protest procedures.
- Colonel, U.S. Army Judge Advocate General's (JAG) Corps (Retired) (1984-2005)
- Chief Counsel, U.S. Army Contracting Agency (2002-2005)
- Consultant/Instructor, Federal Contract Law, Management Concepts, Inc. (2002-2005)
- Division Chief and Chief, Trial Team East, U.S. Army Procurement Fraud Division (2001-2002)
- Chief, Trial Team II, U.S. Army Contract Appeals Division (1998-2001)
- Deputy Staff Judge Advocate, U.S. Army South, Republic of Panama (1995-1997)
- Senior Defense Counsel, U.S. Army Trial Defense Service, 101st Airborne Division (Air Assault) and Fort Campbell, Kentucky (1993-1995)
- Chief, Criminal Law, Office of the Staff Judge Advocate, U.S. Army Combined Arms Command and Fort Leavenworth, Kansas (1989-1992)
- Legal Officer, U.S. Army Kwajalein Atoll, U.S. Army Space and Missile Defense Command, Republic of the Marshall Islands (1986-1989)
- Trial Counsel, Office of the Staff Judge Advocate, U.S. Army Signal Center and Fort Gordon, Georgia (1984-1986)
News & Insights
- April 26, 2016 | ArticleBNA INSIGHTS: Protecting Government Contractors’ Proprietary Information in Response to FOIA RequestsBloomberg BNA’s Federal Contracts ReportGary S. Ward, Richard B. O'Keeffe, Jr.
- January 4, 2016 | Media MentionBloomberg BNA’s Federal Contracts Report
- October 14, 2014 | ArticleView From Wiley Rein: The Student Becomes the Master—How to Avoid Ostensible Subcontractor Affiliation When Large and Small Businesses Switch Roles in Set-Aside ProcurementsBloomberg BNA’s Federal Contracts ReportRichard B. O'Keeffe, Jr.
- August 15, 2014 | Media MentionLaw360
- May 2014 | ArticleFinancial Fraud Law Report
- March 20, 2014 | Alert
- March 12, 2014 | ArticleLaw360Richard B. O'Keeffe, Jr.
- Winter 2014 | Newsletter
- Winter 2014 | Newsletter
- February 4, 2014 | AlertRichard B. O'Keeffe, Jr., Tara L. Ward
- December 2, 2013 | ArticleLaw360Richard B. O'Keeffe, Jr.
- Fall 2013 | Newsletter
- November 12, 2013 | Arlington, VA | Speaking EngagementFederal Publications Seminars
- Summer 2013 | NewsletterIf the Afghan Tax Man Cometh, the U.S. Contractor Shall Not Pay: Implications of the SIGAR Audit Report on Contractors Supporting the U.S. Government in Afghanistan
- March 2012 | Article'Handle With Care' - ASBCA Finds Unreasonable DCAA's Misuse Of Statistics In Evaluating Reasonableness Of Executive CompensationGovernment Contract Costs, Pricing & Accounting Report Vol. 7, Issue 2Nicole J. Owren-Wiest, Richard B. O'Keeffe, Jr.
- Winter 2012 | NewsletterWhat's Next for DCAA Executive Compensation Audits? What to Do in the Wake of the J.F. Taylor, Inc. Decision
- January 24, 2012 | Alert"Fatally Flawed Statistically and Therefore Unreasonable" Armed Services Board Finds DCAA Executive Compensation Review Methodology DefenselessNicole J. Owren-Wiest, Richard B. O'Keeffe, Jr.
- November 2, 2011 | Washington, DC | Speaking EngagementDue Diligence in Government Contract Mergers & AcquisitionsFederal Publications Seminars