
Education
J.D., University of Virginia School of Law
B.A., magna cum laude, B.S., cum laude, University of Maryland; Phi Beta Kappa
Law Journals
Editorial Board, Virginia Journal of Social Policy & the Law
Editor-in-Chief, Virginia Law Weekly
Bar and Court Admissions
District of Columbia Bar
Maryland Bar
U.S. District Court for the District of Maryland
U.S. Court of Federal Claims
Certifications
Legal Lean Sigma Institute (LLSI) White Belt
Practice Areas
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.
- 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 with 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 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.
- Multiple successful interventions in 8- and 9-figure protests at the Government Accountability Office (GAO) and Court of Federal Claims (CoFC) in protests of healthcare.
- Successful protest of contract award at the District of Columbia Contract Appeals Board (DC CAB).
Claims and Disputes
- Currently litigating appeals of disputes over marking technical data and rights in software 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 one of City Year Washington, DC's Idealists of the Year (2014)
News & Insights
- March 14-17, 2018 | Annapolis, MD | Speaking Engagement24th Annual ABA Federal Procurement InstituteCraig Smith, Moderator
- February 8, 2018 | AlertTodd A. Bromberg, Craig Smith, Bradley C. Tobias
- January 16, 2018 | AlertEric W. Leonard, Craig Smith, Nina Rustgi
- December 13, 2017 | Online Webinar | Speaking EngagementJohn R. Prairie, Craig Smith
- November 16, 2017 | Press Release
- November 13, 2017 | Online Webinar | Speaking EngagementLorman Education ServicesEric W. Leonard, Craig Smith
- November 2017 | Newsletter
- August 22, 2017 | ArticleBloomberg BNA's Federal Contracts ReportEric W. Leonard, Craig Smith
- July 28, 2017 | AlertEric W. Leonard, Craig Smith, Nina Rustgi
- July 10, 2017 | Online Program | Speaking EngagementLawlineEric W. Leonard, Speaker, Craig Smith, Speaker
- May 16, 2017 | Washington, DC | Speaking EngagementWiley Rein LLP, BDO, PSCEric W. Leonard, Craig Smith
- April 27, 2017 | AlertCraig Smith, George E. Petel, Colin J. Cloherty, Scott Weaver
- April 18, 2017 | Online Webcast | Speaking EngagementFederal Circuit Bar Association Government Contracting CommitteeTracye Winfrey Howard, Panelist, Kara M. Sacilotto, Panelist, Craig Smith, Panelist, Brian Walsh, Moderator
- March 28, 2017 | AlertEric W. Leonard, Craig Smith
- March 28, 2017 | ArticleGovernment Contracting Law ReportEric W. Leonard, Nina Rustgi, Craig Smith
- March 7, 2017 | AlertEric W. Leonard, Kara M. Sacilotto, Craig Smith
- February 2017 | Newsletter
- February 1, 2017 | AlertPaul F. Khoury, Craig Smith, J. Ryan Frazee
- December 19, 2016 | AlertEric W. Leonard, Craig Smith, Nina Rustgi
- December 14, 2016 | Online Webinar | Speaking EngagementBDO USA, LLPCraig Smith, Speaker
- November 2016 | Newsletter
- November 1, 2016 | Press Release
- October 25, 2016 | AlertFederal Court Preliminarily Enjoins Majority of Fair Pay and Safe Workplaces Requirements NationwideEric W. Leonard, Kara M. Sacilotto, Craig Smith
- October 20, 2016 | Press Release
- October 19, 2016 | Webinar | Speaking EngagementLawlineEric W. Leonard, Craig Smith
- October 3, 2016 | AlertEric W. Leonard, Craig Smith, Nina Rustgi
- September 20, 2016 | Wiley Rein LLP | Speaking EngagementProfessional Services CouncilRand L. Allen, Speaker, John R. Prairie, Speaker, Craig Smith, Speaker
- September 7, 2016 | Online Webinar | Speaking EngagementAssociation of Corporate CounselScott M. McCaleb, Speaker, Kara M. Sacilotto, Speaker, Craig Smith, Speaker, Nina Rustgi, Speaker
- August 25, 2016 | AlertScott M. McCaleb, Eric W. Leonard, Craig Smith, Nina Rustgi
- August 24, 2016 | AlertScott M. McCaleb, Eric W. Leonard, Craig Smith, Nina Rustgi
- August 4, 2016 | AlertEric W. Leonard, Craig Smith
- June 2, 2016 | Press Release
- May 16, 2016 | AlertKevin J. Maynard, Eric W. Leonard, Tara L. Ward, Craig Smith
- May 9, 2016 | Webcast | Speaking EngagementFederal Circuit Bar Association Bench and Bar WebcastKara M. Sacilotto, Presenter, Tracye Winfrey Howard, Panelist, Craig Smith, Panelist
- March 4, 2016 | Media MentionBloomberg BNA’s Federal Contracts Report
- February 26, 2016 | AlertEric W. Leonard, Craig Smith, Nina Rustgi
- January 21, 2016 | Press Release
- November 25, 2015 | AlertKara M. Sacilotto, Craig Smith
- September 10, 2015 | AlertEric W. Leonard, Craig Smith, Nina Rustgi
- August 4, 2015 | ArticleBloomberg BNA's Federal Contracts ReportEric W. Leonard, Craig Smith
- Summer 2015 | Newsletter
- 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 LawyerEric W. Leonard, Christopher M. Mills, Craig Smith
- December 16, 2014 | AlertEric W. Leonard, Craig Smith, George E. Petel
- December 10, 2014 | AlertEric W. Leonard, Craig Smith
- 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 SeminarsKay Tatum, Craig Smith, Tara L. Ward
- 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 | AlertEric W. Leonard, Craig Smith
- 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 | AlertKara M. Sacilotto, Craig Smith
- 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 StatesEric W. Leonard, Mark B. Sweet, Craig Smith
- Spring 2014 | Newsletter
- Spring 2014 | Newsletter
- Spring 2014 | Newsletter
- May 14, 2014 | Washington, DC | Speaking EngagementDue Diligence in Government Contractor Mergers and AcquisitionsFederal Publications SeminarsPhilip J. Davis, Kay Tatum, Nova J. Daly, Craig Smith, Tara L. Ward, Laura El-Sabaawi, Usha Neelakantan
- May 6, 2014 | AlertJon W. Burd, Craig Smith
- April 15, 2014 | ArticleBloomberg BNA's Federal Contracts ReportKara M. Sacilotto, Craig Smith
- April 14, 2014 | ArticleLaw360Eric W. Leonard, Craig Smith
- April 7, 2014 | AlertEric W. Leonard, Craig Smith
- Winter 2014 | Newsletter
- December 19, 2013 | Speaking EngagementRalph J. Caccia, Speaker, Tracye Winfrey Howard, Speaker, Craig Smith, Speaker
- 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 Release
- December 27, 2012 | AlertTodd A. Bromberg, Eric W. Leonard, Craig Smith
- Fall 2012 | Newsletter
- Fall 2012 | ArticleSuspension and Debarment: Trends and PerspectivesThe Procurement Lawyer, Vol. 48, No. 1Kara M. Sacilotto, Craig Smith
- Summer 2012 | Newsletter
- June 15, 2012 | ArticleLabor Rules for Federal Contractors on the Move: What to Expect in the Year AheadBloomberg BNA's Federal Contracts ReportTodd A. Bromberg, Craig Smith
- May 8, 2012 | ArticleGovernment Contracts Law360Todd A. Bromberg, Craig Smith
- May 7, 2012 | AlertTodd A. Bromberg, Eric W. Leonard, Craig Smith
- April 19, 2012 | AlertTodd A. Bromberg, Craig Smith
- 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 | AlertTodd A. Bromberg, Eric W. Leonard, Craig Smith
- June 27, 2011 | ArticleBNA's Federal Contracts ReportCraig Smith
- May 18, 2011 | AlertCraig Smith
- May 11, 2011 | Media Mention
- April 8, 2011 | AlertCraig Smith
- March 30, 2011 | AlertCraig 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