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David R. Johnson
David R. Johnson
Experience | Education | Recognition | Activities | Publications
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Biography
Dave’s practice includes representing government contractors, information technology companies and exporters.
Dave has extensive experience with respect to government contracts, including claims preparation and litigation, bid protest litigation at the Government Accountability Office (GAO) and Federal Aviation Administration (FAA), the Court of Federal Claims (CoFC), and the Federal Circuit, defense of government claims against contractors, and counseling government contractors on compliance matters. He prepared one of the largest claims ever prosecuted against the US Air Force. Dave has litigated government contract disputes at the CoFC, at various administrative boards of contract appeals, in Federal District Courts, and in various state courts. He also has been involved in several unique alternative dispute resolution (ADR) processes with federal agencies to resolve contractor and government claims. Dave also has counseled clients in significant engagements involving the Procurement Integrity Act, the Buy American Act, the False Claims Act, Organizational Conflicts of Interest (OCI), the Freedom of Information Act (FOIA), and other procurement-related statutes and regulations.
Dave also represents clients that engage in international procurement transactions. He regularly counsels such clients about export controls, including compliance with the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), the Foreign Corrupt Practices Act (FCPA), and the sanctions issued by the Office of Foreign Assets Control (OFAC). On behalf of these clients, he has substantial experience in licensing issues, internal investigations, voluntary disclosures, and resolutions of allegations involving export violations.
Dave is V&E’s Government Contracts/Export Controls and Economic Sanctions Practice Specialty Leader.
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Representative Experience
Bid Protests View All
- Successful lead counsel on multiple GAO bid protest decisions listed in GAO's "Significant GAO Bid Protest Decisions" guide
- On behalf of a Fortune 200 corporation, defended a Recovery Act contract award bid protest at the GAO on a Veterans Administration contract, leading to a dismissal of the bid protest without the agency having to file a full report to GAO
- Successful lead counsel on significant GAO bid protest decision finding material misrepresentation in competitor's proposal; see Johnson Controls Security Systems, B-296490, B-296490.2, Aug. 29, 2005, 2007 CPD ¶ 102
Claims View All
- Assisted a leading aerospace contractor in preparing one of the largest delay and disruption claims ever prosecuted against the US government, having lead responsibility for a $1+ billion component of the claim
- Prepared numerous defective specification claims, a number of which the government accepted without requiring the contractor to commence litigation
- Defended against a government claim that the contractor-client had failed to meet a mean-time-between-failure (MTBF) reliability requirement
Litigation View All
- Led an effort by a team of V&E lawyers to obtain a temporary restraining order (TRO) at the CoFC against the U.S. Navy's attempt to override an automatic stay of contract performance imposed under the Competition in Contracting Act (CICA)
- On a successful appeal of a summary judgment dismissal of a subcontractor pass-through claim, convinced the Federal Circuit to reverse a Court of Federal Claims decision; in doing so, the Federal Circuit adopted contract interpretation arguments of a prime/sub release based on the law of the state where the Federal project was located; seeMetric Constructors, Inc. v. United States, 314 F.3d 578 (Fed. Cir. 2002)
- For a leading IT company, defended a multi-party litigation and obtained a settlement through mediation whereby the client owed nothing in damages and was indemnified for all legal fees and expenses
Suspension and Debarment
- On behalf of an electronic connector manufacturer, persuaded an agency suspension and debarment official to terminate a proposed debarment with no adverse action to the client within 30 days of the agency’s issuance of the notice of proposed debarment
- On behalf of a specialty metals manufacturer, convinced an agency suspension and debarment official to terminate a proposed debarment proceedings within two weeks of the publication of a notice of proposed debarment
- On behalf of a diversified multi-national corporation, negotiated an administrative agreement with an agency suspension and debarment official, which resulted in no interruption to the corporation’s ability to do business with the Federal government
Counseling View All
- Successfully negotiated a teaming agreement among four large defense contractors for the implementation of the US Army's non-competitive acquisition strategy for an advanced field artillery system and future armored resupply vehicle program
- Advises clients in establishing effective Buy American Act manufacturing and purchasing processes, as well as assisting clients in waiver requests and voluntary disclosures relating to Buy American Act requirements on US government procurements and grant programs
- Counsels clients on compliance programs
International Contracts/Export Controls View All
- Investigated and presented numerous voluntary disclosures under the EAR and the ITAR
- Served as lead export/trade regulation counsel on Shougang/BeijingWest Industries’ acquisition of Delphi Corporation’s automobile parts business, which was named by Asian-Counsel magazine as one of the “Deals of the Year 2009”
- Defended a major aerospace company against a multi-million dollar civil sanctions charge brought by the Directorate of Defense Trade Controls (DDTC), alleging violations of the ITAR
Prior results do not guarantee a similar outcome.
Education and Professional Background
- College of William and Mary School of Law, J.D., 1989
- University of Virginia, B.S. Philosophy and Economics, 1986
- Admitted to practice: Virginia, 1989; District of Columbia, 1990
Professional Recognition
- The Best Lawyers in America® in government relations law, 2010
- Chambers Global, International Trade: Export Controls & Economic Sanctions; Chambers USA: America's Leading Lawyers for Business, International Trade: Export Controls & Economic Sanctions law, 2008-2010; Chambers USA: America's Leading Lawyers for Business in International Trade law, 2005
Activities and Affiliations
- Member: American Bar Association
Publications and Presentations
View All
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Full Biography
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The Willard Office Building
1455 Pennsylvania Avenue NW
Suite 600
Washington, DC 20004-1008
Tel +1.202.639.6706
Fax +1.202.879.8906
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