X

Reset Password

Username:

Change Password

Old Password:
New Password:
We have completed your request.

Daniel P. Graham Partner, Government Contracts

Daniel Graham is the Vice-Chair of V&E’s Government Contracts practice group and serves as the hiring partner for V&E’s Washington, D.C. office.
Highly regarded in government contracts litigation, Dan has nearly two decades of experience assisting clients on bid protests, Contract Dispute Act appeals, prime and subcontractor disputes and commercial litigation for clients across industry sectors.

Chambers USA has named Dan a leading lawyer for business in government contracts from 2013 to 2018. A client quoted by Chambers said, "He is a star in this field."  The client added, "No task is too large or too small for Dan to take on and excel at. He has provided advice which has resulted in several great outcomes" (2019).

Dan has litigated cases before the U.S. Court of Federal Claims (COFC), the U.S. Court of Appeals for the Federal Circuit, the Government Accountability Office (GAO) and the Boards of Contract Appeals, as well as before Federal District Courts and Courts of Appeals across the country.

In addition, Dan advises clients on government cost accounting matters, identifying and resolving organizational and personal conflicts of interest, suspension and debarment proceedings, mergers and acquisitions, business restructurings and reorganizations, and internal investigations. Dan also counsels clients on complying with ethics laws and regulations, including post-employment restrictions applicable to government employees.

Dan has obtained a "White Belt" from the Legal Lean Sigma Institute (LLSI), a program that trains lawyers to deliver increased value to clients.

Dan is committed to pro bono service, and has argued before the U.S. Court of Appeals for the Federal Circuit and the U.S. Court of Appeals for Veterans Claims in several veterans’ benefits cases.

Experience Highlights

  • (GAO) – On behalf of a leading IT services company, successfully protested a $54 million Department of Defense award; the protest was sustained on multiple grounds, including the awardee’s organizational conflict of interest and a flawed price realism evaluation
  • (AAA; D.Md.) – Obtained an $11.1 million (net) arbitration award in prime/subcontractor arbitration related to a major state IT project; successfully defeated subcontractor’s claims in both Federal District Court and AAA
  • (CBCA; ASBCA) – Represented clients in diverse industries in appeals involving complex cost accounting disputes; these matters were settled on behalf of our clients
  • (GAO; Fed. Cl.) – Counsel in multiple GAO and COFC protests involving the Department of Health and Human Services' (HHS) award of Medicare Administrative Contractor (MAC) contracts collectively worth hundreds of millions of dollars, including the successful defense of the first such contract in 2006; most recently, Dan was lead counsel in the successful defense of the JH MAC award in a protest before GAO in 2011-2012, and in 2013 successfully defended the JE MAC award in protests brought by two contractors before GAO and in follow-on protests filed at the COFC

    • (CBCA) – Lead counsel in multiple appeals involving complex cost accounting disputes
    • Represented a major Federal IT services contractor in an FCA investigation conducted by the US Attorney’s Office for EDVa in which the Government closed its file without action
    • Represented a professional services contractor in a joint Federal/State FCA investigation regarding fraud in the inducement allegations concerning a major IT development contract 

    Protests

    • Fed. Cl.) – Represented a major flight training services company in the successful defense of a $200 million Army contract for fixed-wing training support
    • (Fed. Cl.) – On behalf of a major construction firm, successfully defended Federal Emergency Management Agency (FEMA) Public Assistance Technical Assistance Contractor contracts with a combined value of up to $2 billion

    Disputes and Appeals

    • (D. HI) – Defended a major federal construction contractor against subcontractor claims filed in the Federal District Court, ultimately negotiating a favorable settlement after aggressively challenging the merits of the subcontractor's claims in a motion to dismiss and debunking the subcontractor's CPM schedule analysis during settlement discussions
    • (ASBCA) – Represented a major aerospace and defense contractor in an appeal over the cost impact of changes made to the contractor’s disclosed accounting practices
    • Represented a subcontractor in the successful mediation of a prime/sub dispute that included the withdrawal of a termination for default and the favorable settlement of counter-claims by the client
    • Participated in the negotiation of a favorable settlement with the Government that resolved multiple claims by a major IT contractor arising out of a commercial item contract, as well as False Claims Act and common law fraud claims against the contractor by the Government

    Mergers & Acquisitions

    • Represented one of the nation's leading health care companies in the sale of a wholly-owned subsidiary established to perform Medicare services for the Government; also, provided day-to-day management of a team of 12 attorneys conducting due diligence on behalf of the purchaser for the acquisition of a major government construction contractor

    Counselling

    • Routinely analyzes organizational conflicts of interest and personal conflicts of interest and develops avoidance and mitigation strategies
    • Advised multiple professional services contractors on substantial changes to their disclosed accounting practices, and the preparation and negotiation of cost impact proposals
    • Advised multiple health care contractors regarding pension curtailments, including the calculation and negotiation of pension segment closing adjustments  
    • Advised a major aerospace and defense contractor on a variety of issues related to the contractor's restructuring and consolidation of multiple business segments, including the novation of certain contracts and impacts to existing Forward Pricing Rate Agreements, pending proposals, and Truth in Negotiations Act (TINA) certifications
    • Negotiated the ratification of an unauthorized commitment of $750,000 in connection with a task order issued by the U.S. Department of Agriculture (USDA) for help desk services


    Contact Details

    Washington

    T +1.202.639.6652
    F +1.202.318.8462
    danielgraham@velaw.com
    2200 Pennsylvania Avenue NW
    Suite 500 West
    Washington, DC 20037
    Local time: 1:52 AM
    Download vCard

    Download Biography

    V&E+

    Related News

    Dan's Practices

    • William & Mary Law School, J.D., 2001 (Order of the Coif)
    • The Johns Hopkins University, B.S., 1996
    • Admitted to practice: Virginia; District of Columbia; Maryland; U.S. Supreme Court; the Federal Circuit; the COFC; Federal District Court for the District of Maryland
    • Adjunct Professor in Government Contracts, George Mason University School of Law, Fall 2008–present
    • Law Clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, 2003–2004
    • Law Clerk for the Honorable Christine Odell Cook Miller, U.S. Court of Federal Claims, 2001–2002
    • Chambers USA America's Leading Lawyers for Business in Government Contracts, 2013–2018; Up and Coming, 2010–2012
    • Legal 500 U.S., Government Contracts, 2016−2018
    • Selected to the Washington, D.C. Super Lawyers list, Super Lawyers (Thomson Reuters), 2016−2017, 2019
    • Who's Who Legal (Law Business Research Ltd.), Investigations, 2017 
    • Law360 as a "Rising Star" in Government Contracts Law, 2012
    • Received 2013 Burton Legal Writing Award

       

        • Board of Directors: Federal Circuit Bar Association (FCBA), 2011-present
        • Vice Chair: American Bar Association (ABA); Accounting, Cost, and Pricing Committee, 2017
        • Council Member: American Bar Association (ABA); Section of Public Contract Law, 2011-2014
        • Co-Chair: American Bar Association (ABA); Health Care Contracting Committee, 2012-present
        • Associate Editor, Public Contract Law Journal
        • Vice-Chair: American Bar Association (ABA); Contract Claims and Disputes Resolution Committee, 2005-present
        • Member: ABA Services Contracting Best Practices Task Force, 2011