J.D., University of Virginia School of Law
B.A., magna cum laude, B.S., cum laude, University of Maryland; Phi Beta Kappa
Editorial Board, Virginia Journal of Social Policy & the Law
Editor-in-Chief, Virginia Law Weekly
Bar and Court Admissions
District of Columbia Bar
U.S. Court of Appeals for the Fourth Circuit
U.S. District Court for the District of Maryland
U.S. Court of Federal Claims
Legal Lean Sigma Institute (LLSI) White Belt
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.
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.
- 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.
- 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.
- Research Assistant, Professor M. Elizabeth Magill, University of Virginia School of Law (2007)
- Consulting Associate, Major U.S. Technology Consulting Firm (2004-2006)
- 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
- Named one of City Year Washington, DC's Idealists of the Year (2014)
News & Insights
- June 14, 2018 | AlertFAR Council Proposes to Implement Narrowed Definition of “Adequate Price Competition” for DOD, NASA, and the Coast GuardCraig Smith, Gary S. Ward
- May 23, 2018 | Speaking EngagementFederal Circuit Bar AssociationTracye Winfrey Howard, Panelist, Craig Smith, Panelist
- March 14-17, 2018 | Annapolis, MD | Speaking Engagement24th Annual ABA Federal Procurement InstituteCraig Smith, Moderator
- February 8, 2018 | AlertOFCCP Issues 1,000 Corporate Scheduling Announcement Letters Signaling Possible Auditing of Selected Contractors
- January 16, 2018 | AlertService and Construction Contractors Take Note: Maryland Is the Latest Jurisdiction to Pass Paid Sick Leave Law
- December 13, 2017 | Online Webinar | Speaking EngagementJohn R. Prairie, Craig Smith
- November 16, 2017 | Press Release
- November 13, 2017 | Online Webinar | Speaking EngagementLorman Education Services
- November 2017 | Newsletter
- August 22, 2017 | ArticleBloomberg BNA's Federal Contracts Report
- July 28, 2017 | Alert
- July 10, 2017 | Online Program | Speaking EngagementLawlineEric W. Leonard, Speaker, Craig Smith, Speaker
- May 16, 2017 | Washington, DC | Speaking EngagementWiley Rein LLP, BDO, PSC
- April 27, 2017 | Alert
- April 18, 2017 | Online Webcast | Speaking EngagementFederal Circuit Bar Association Government Contracting Committee
- March 28, 2017 | Alert
- March 28, 2017 | ArticleGovernment Contracting Law Report
- March 7, 2017 | Alert
- February 2017 | Newsletter
- February 1, 2017 | Alert
- December 19, 2016 | Alert
- December 14, 2016 | Online Webinar | Speaking EngagementBDO USA, LLPCraig Smith, Speaker
- November 2016 | NewsletterView from Our Clients: Ready for Fair Pay and Safe Workplaces but Concerns Still Linger, Even with Recent Injunction
- November 1, 2016 | Press Release
- October 25, 2016 | AlertFederal Court Preliminarily Enjoins Majority of Fair Pay and Safe Workplaces Requirements Nationwide
- October 20, 2016 | Press ReleasePlaintiffs Hail U.S. Department of Justice Intervention in Pocomoke City Race Discrimination and Retaliation Case
- October 19, 2016 | Webinar | Speaking EngagementLawline
- October 3, 2016 | Alert
- September 20, 2016 | Wiley Rein LLP | Speaking EngagementProfessional Services Council
- September 7, 2016 | Online Webinar | Speaking EngagementFinal Rule and Guidance on Fair Pay and Safe Workplaces Executive Order: What In-House Counsel Need to KnowAssociation of Corporate Counsel
- August 25, 2016 | Alert
- August 24, 2016 | Alert
- August 4, 2016 | Alert
- June 2, 2016 | Press ReleasePlaintiffs in Pocomoke City Race Discrimination Case Refute Defendants’ Baseless Attempts to Excuse Misconduct, Citing EEOC Support
- May 16, 2016 | Alert
- May 9, 2016 | Webcast | Speaking EngagementFederal Circuit Bar Association Bench and Bar Webcast
- March 4, 2016 | Media MentionBloomberg BNA’s Federal Contracts Report
- February 26, 2016 | Alert
- January 21, 2016 | Press ReleaseWiley Rein, Washington Lawyers’ Committee, and ACLU of Maryland Jointly File Federal Lawsuit Challenging Pattern of Race Discrimination and Retaliation Against African American Police Officers on the Eastern Shore of Maryland
- November 25, 2015 | Alert
- September 10, 2015 | Alert
- August 4, 2015 | ArticleView From Wiley Rein: Let’s Rethink Applying the Service Contract Act to Commercial Services ContractsBloomberg BNA's Federal Contracts Report
- Summer 2015 | NewsletterWiley Rein and Professional Services Council Discuss Concerns about Proposed Fair Pay and Safe Workplaces Rule and Guidance
- April 22, 2015 | Webcast | Speaking EngagementSignificant Regulatory Developments in Government Contracting 2014-2015Federal Circuit Bar Association Bench and Bar WebcastKara M. Sacilotto, Presenter, Craig Smith, Presenter
- March 20, 2015 | Online Webinar | Speaking EngagementLawlineEric W. Leonard, Speaker, Craig Smith, Speaker
- Winter 2015 | ArticleThe Procurement Lawyer
- December 16, 2014 | Alert
- December 10, 2014 | AlertOFCCP Issues Final Rule Barring Contractor Discrimination Based on Sexual Orientation or Gender Identity
- November 25, 2014 | ArticleBloomberg BNA’s Federal Contracts ReportCraig Smith
- November 12, 2014 | Arlington, VA | Speaking EngagementDue Diligence in Government Contracts Mergers and AcquisitionsFederal Publications Seminars
- October 15, 2014 | Washington, DC | Speaking EngagementRegulatory Update: What You Need to Know About the Ever-Changing Regulatory LandscapeBoard of Contract Appeals Bar Association Annual MeetingKara M. Sacilotto, Speaker, Craig Smith
- October 3, 2014 | Alert
- Fall 2014 | Newsletter
- August 9, 2014 | Boston, MA | Speaking EngagementPreparing for a DoL Audit of Your Service Contract Act-Covered ContractABA Section of Public Contract Law Annual MeetingCraig Smith, Speaker
- August 1, 2014 | AlertPresident Obama Issues Executive Order On a Host of Labor Law Related Issues, Including Reporting, Wage Information, and Arbitration
- Fall 2014 | ArticleChapters on the Delaware and Illinois False Claims ActsState False Claims Acts: A Practitioner's Guide to the False Claims Laws of the Various States
- Spring 2014 | NewsletterIs Your Company SCA Compliant? Figure It Out Before the United States Department of Labor Figures It Out for You!
- Spring 2014 | Newsletter
- Spring 2014 | NewsletterDon’t Be Fooled by Fakes: Five Issues to Address in Complying with DOD’s New Counterfeit Electronic Parts Rule
- May 14, 2014 | Washington, DC | Speaking EngagementDue Diligence in Government Contractor Mergers and AcquisitionsFederal Publications Seminars
- May 6, 2014 | AlertJon W. Burd, Craig Smith
- April 15, 2014 | ArticleBloomberg BNA's Federal Contracts Report
- April 14, 2014 | ArticleLaw360
- April 7, 2014 | Alert
- Winter 2014 | Newsletter
- December 19, 2013 | Speaking EngagementWiley Rein Government Contracts Boot Camp Series: "Effective Internal Investigations: Best Practices and Recent Developments" Webinar
- December 12, 2013 | Speaking EngagementSuspension and Debarment in Government ContractingFederal Publications SeminarsKara M. Sacilotto, Speaker, Craig Smith, Speaker
- Fall 2013 | Newsletter
- November 14, 2013 | Press Release
- October 4, 2013 | Media MentionBloomberg BNA
- September 30, 2013 | AlertCraig Smith
- Summer 2013 | Newsletter
- May 21, 2013 | AlertJon W. Burd, Craig Smith
- March 11, 2013 | Press ReleaseWiley Rein Obtains Decision Rebuking the Baltimore Police Department for its Abusive Discovery Conduct in a Civil Rights Case
- December 27, 2012 | Alert
- Fall 2012 | Newsletter
- Fall 2012 | ArticleSuspension and Debarment: Trends and PerspectivesThe Procurement Lawyer, Vol. 48, No. 1
- Summer 2012 | NewsletterFelony Convictions and Funding Restrictions: Understanding Your Eligibility for Fiscal Year 2012-Funded Contracts (and Beyond?)
- June 15, 2012 | ArticleLabor Rules for Federal Contractors on the Move: What to Expect in the Year AheadBloomberg BNA's Federal Contracts Report
- May 8, 2012 | ArticleGovernment Contracts Law360
- May 7, 2012 | Alert
- April 19, 2012 | AlertWhite House Declines to Issue Executive Order Requiring Federal Contractors to Bar Discrimination Based on Sexual Orientation and Gender Identity
- February 29, 2012 | ArticleSupreme Court Rejects Eighth Amendment Bivens Lawsuit Against Contract Staff at Federal PrisonBloomberg BNA's Federal Contracts ReportCraig Smith
- November 2011 | ArticleContract ManagementRoderick L. Thomas, Craig Smith
- September 9, 2011 | AlertDepartment of Labor Releases Final Non-Displacement Rule for Contracts Covered by the Service Contract Act
- June 27, 2011 | ArticleSupreme Court to Decide for First Time Whether Federal Contractors' Employees May be Subjected to Bivens ActionsBNA's Federal Contracts ReportCraig Smith
- May 18, 2011 | AlertCraig Smith
- May 11, 2011 | Media Mention
- April 8, 2011 | AlertCraig Smith
- March 30, 2011 | AlertSupreme Court Ruling on Medicaid Suits Limits Third Party Beneficiary Liability Under Federal ContractsCraig Smith
- March 11, 2011 | ArticleLaw360Craig Smith
- February 25, 2011 | AlertCraig Smith
- February 2011 | ArticleThe Metropolitan Corporate Counsel Vol. 19, No. 2Paul F. Khoury, Craig Smith
- February 19, 2010 | Press Release