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Daniel P. Graham
Daniel P. Graham
Partner — Government Contracts
Partner — Government Contracts

Daniel P. Graham

Daniel P. Graham

2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037

start quote symbolOne of the things I find fascinating about my job is the public policy component of everything I do. My clients have contracts with government agencies that are all trying to advance a public policy goal. One day I might be working on a matter involving a reconnaissance satellite and the next on a case involving a Medicare program. I'm dealing with the contracts that make public policy goals achievable.end quote symbol
Daniel P. Graham

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

  • (D.Md.; AAA) — Represented government contractor in multiple proceedings involving the Maryland Health Insurance Exchange, including prime/subcontractor litigation in Federal District Court in Maryland and arbitration before the American Arbitration Association (assisted)

  • (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 

  • (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

  • (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

  • 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

  • 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


  • William & Mary Law School, J.D., 2001 (Order of the Coif)
  • The Johns Hopkins University, B.S., 1996
  • 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, 2013–2019; “Up and Coming”, 2010–2012; Government: Government Contracts (Nationwide) 2020 and 2021
  • Legal 500 U.S., Government: Government Contracts, 2016-2021
  • Selected to the Washington, D.C. Super Lawyers list, Super Lawyers (Thomson Reuters), 2016−2017, 2019 and 2020
  • 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
  • Virginia
  • District of Columbia
  • Maryland
  • U.S. Supreme Court
  • the Federal Circuit
  • the COFC
  • Federal District Court for the District of Maryland
  • “Joint Ventures and Teaming Arrangements: Requirements, Risks and Opportunities,” ACC NCR Summer Series, July 1, 2020 (panelist)
  • “NCMA World Congress 2019,” July 28, 2019 (presenter)
  • “Protests,” PubKGroups 4th Annual Review, December 12, 2018 (panelist)
  • “Estimating System Adequacy – the Price Has to Be Right,” September 25, 2018 (speaker)
  • “National Contract Management Association’s 2017 World Congress,” July 23-26, 2017 (speaker)
  • “Managing OCIs in the Medicare Program,” PSC FedHealth Conference, July 19, 2017 (co-author)
  • “Risk Allocation in State Health Care IT Contracting under the ACA,” Public Contract Law Journal, Vol. 43, No. 2, Winter 2014
  • “Inspection, Acceptance, and Warranty: Fundamental Government Contracting Principles Take on Heightened Importance in Wake of Federal Budget Uncertainty,” The Procurement Lawyer, Vol. 49, No. 2, Winter 2014
  • “Federal Circuit Year-In-Review 2012: Guarding the Gates of Government Contracts Litigation,” Public Contract Law Journal, Vol. 42, No. 4, Summer 2013 (co-author)
  • “Supreme Court Affirms Opportunities and Uncertainties for Health Care Contractors,” Bloomberg BNA’s Health Care Policy Report, July 16, 2012 (co-author)
  • “Federal Circuit Year-In-Review 2011: Certainty and Uncertainty in Federal Government Contracts, “ Public Contract Law Journal, Vol. 41, Summer 2012 (co-author)
  • “Supreme Court Rejects Eighth Amendment Bivens Lawsuit Against Contract Staff at Federal Prison,” Bloomberg BNA’s Federal Contracts Report, February 29, 2012 (co-author)
  • “Supreme Court to Decide for First Time Whether Federal Contractors’ Employees May be Subjected to Bivens Actions,” BNA’s Federal Contracts Report, June 27, 2011 (co-author
  • “An Early Start of Specialized Due Diligence Is Key to Successful M&A Transactions Involving Government Contractors,” The Metropolitan Corporate Counsel, June 2011 (co-author)