Craig Smith

Craig counsels and represents government contractors and subcontractors on a broad range of government contracting issues, including bid protests, contract claims and disputes, suspension and debarment matters, as well as government and internal audits and investigations. Craig has significant client experience involving the federal Service Contract Act (SCA) and Contractor Purchasing System Reviews (CPSRs). Craig, a certified Legal Lean Sigma Institute (LLSI) White Belt, uses the LLSI process and project management tools to continually improve the value proposition the firm delivers to its clients.

Representative Experience

Craig has represented and counseled clients in the following areas, among others:

Service Contract Act and Other Federal Labor Issues

• Represented large federal contractor in the U.S. Department of Labor (DOL) audit of the SCA compliance on significant contract for the client; reached favorable resolution to the DOL findings.
• Regularly counsels contractors on complex SCA compliance issues, including contracts involving collective-bargaining agreements, commercial-item services, and shared services, as well as directions to apply the SCA to contracts retroactively after award.
• Counsels contractors on compliance with Executive Order (EO) 13706, sick leave for federal contractors; EO 13495, nondisplacement rule; and Davis-Bacon Act issues.
• Counseled multiple commercial-item contractors on novel approaches to ensuring compliance with SCA requirements.
• Successfully represented multiple contractors from diverse industries in obtaining DOL approval of contractor self-funded insurance plans as bona fide fringe benefits under the SCA.

Investigations, Audits, Reviews, Ethics, and Compliance

• Successfully counseled multiple defense contractors on responses to the Defense Contract Management Agency (DCMA) CPSRs, resulting in final determination that the purchasing systems were adequate and avoiding potential contract payment withholds.
• Investigated multi-million dollar labor-rate overcharging on major defense contract; responsible for mandatory disclosure to Department of Defense Inspector General (IG); responses to IG and agency suspension and debarment official (SDO); prepared client for presentation to SDO leading to case closure without adverse action.
• Investigated labor charging complaint involving environmental consulting services with costs improperly allocated to thousands of Federal, state and local public contracts; prepared IG disclosure and responses leading to closure of investigation without adverse action.
• Led investigation of improper cross-charging of time and costs across multiple task orders under two U.S. Department of Defense (DoD) contracts; prepared reports to the client and disclosures to agency IG, which did not take further action.
• Led and supported multiple internal investigations into ethics and compliance concerns during 15-month secondment in legal department of Fortune 500 contractor.
• Performed comprehensive federal-compliance risk assessments for multiple business units acquired by a large federal contractor.

Bid Protests

• Regularly protests contract awards involving varying agencies, award types and sizes, and products and services; protests regularly result in corrective action. Recent example: Booz Allen Hamilton—Costs, B-414822.4, May 7, 2018 (decision recounts corrective action after outcome prediction ADR).
• Successfully intervenes in 8-figure and larger protests at the Government Accountability Office (GAO) and U.S. Court of Federal Claims (CoFC). Recent example: DynCorp International LLC, B-415349, Jan. 3, 2018 (protest denied in award of $5 billion maintenance services contract).
• Successful protest of contract award at the District of Columbia Contract Appeals Board (DC CAB).

Claims and Disputes

• Currently litigating multiple appeals of disputes over rights in software and technical data and restrictive markings under DoD contracts.
• Prepared eight-figure claims and litigated ensuing Contracts Disputes Act appeals for contracts in support of contingency operations.
• Successfully resolved multiple consolidated claims through alternative dispute resolution (ADR); responsible for support on particularly complex and technical claim; ADR included fact-finding, position papers, and extensive oral presentations and mediation.

Suspension and Debarment

• Represented Fortune 500 contractor in investigating and responding to proposed debarment by the Air Force; matter resolved by administrative agreement.
• Counseled contractor on negotiating voting-trust agreement with excluded executive and principal shareholder in potential to ensure continued eligibility of contractor.
• Represented laboratory contractor in responding to proposed debarment by the Environmental Protection Agency (EPA); matter resolved by administrative agreement.

Pro Bono

• Representing three individuals in Title VII and 42 U.S.C. § 1983 suits against multiple law-enforcement and governmental entities; clients were subjected to racial discrimination, harassment, and retaliation for multiple years; litigation is ongoing.
• Represented individual in 42 U.S.C. § 1983 suit against Baltimore Police Department; case settled favorably and included implementation of new policies and training for officers on constitutional protections for contents of mobile phones.
• Represented indigent individuals in civil litigation matter and in multiple successful Social Security benefits appeals.

Professional Experience

• Research Assistant, Professor M. Elizabeth Magill, University of Virginia School of Law (2007)
• Consulting Associate, Major U.S. Technology Consulting Firm (2004-2006)

Affiliations

• American Bar Association (ABA), Section of Public Contract Law
  • Section Chair-Elect's Executive Officer Mentee (2016-2017)
  • Co-Chair (2012-Present), Vice-Chair (2012), Regulatory Coordinating Committee
  • Debarment and Suspension Committee
  • Bid Protest Committee
  • Procurement Fraud Committee

Recognitions

• Named by The Legal 500 US a "recommended lawyer" in Government Contracts (2019)
• Named one of City Year Washington, DC's Idealists of the Year (2014)