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Jamie F. Tabb
Jamie F. Tabb
Partner — Government Contracts
Partner — Government Contracts

Jamie F. Tabb

Jamie F. Tabb
Washington

2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037

My practice tends to be different every day, from litigating bid protests and contract disputes, to advising on compliance and contract interpretation issues, to assisting with corporate transactions. And because of the range of businesses in which my clients are engaged, it’s a continual learning experience. That’s incredibly energizing.
Jamie F. Tabb

Jamie Tabb has a full-service government contracts practice, in which he represents contractors in bid protests, contract disputes, and other litigation. While focused primarily on federal contracts, Jamie also has experience at the state and local level. For over 13 years he has litigated bid protests at the Government Accountability Office (GAO) and Court of Federal Claims (COFC) and filed claims and prosecuted appeals at the Boards of Contract Appeals and COFC.

Jamie also counsels contractors on regulatory and contractual compliance issues. He advises clients on the Federal Acquisition Regulation (FAR) and other agency-specific procurement regulations, the Small Business Administration (SBA) regulations, and statutes applicable to federal contracting including the Buy American Act and the Trade Agreements Act. He provides guidance to clients participating in mergers and acquisitions involving government contractors and assists companies with the process of mitigating Foreign Ownership, Control or Influence (FOCI) to obtain or retain a facility security clearance. In addition, Jamie assists clients in conducting internal investigations and responding to government fraud investigations and present responsibility inquiries.

Jamie was recognized by Legal 500 in U.S. Government Contracts in 2018 and 2019. He is also proud to have achieved several favorable outcomes in pro bono immigration matters.

Experience Highlights

  • Prepared and litigated a bid protest at the GAO challenging a U.S. Army contract award for intelligence support services in Afghanistan that was sustained by GAO in a written decision

  • Played a leading role in negotiating the settlement of a dispute relating to a major Treasury Department information technology contract; V&E was negotiation counsel

  • Successfully defended against a GAO bid protest of a U.S. Army contract for infrared weapon sights and enhanced night vision goggles

  • Litigated a contract dispute relating to an undefinitized U.S. Air Force letter contract for Programmed Depot Maintenance on a C-130 aircraft at the Court of Federal Claims, and helped negotiate a settlement through mediation

  • Assisted a client in negotiating a resolution of a Buy American noncompliance issue with various government agencies

  • Assisted with the development of a plan to mitigate FOCI in connection with the acquisition of a prominent government contractor

  • Advised a leading investment firm on the implications of acquiring a government contractor and the process of novating the contracts at issue

  • Successfully defended against a GAO protest challenging the award to our client of a task order for video analysis in support of the National Geospatial-Intelligence Agency’s counterintelligence operations 

  • Prepared a contract claim seeking interest under the Prompt Payment Act, and litigated subsequent appeal at the Armed Services Board of Contract Appeals (ASBCA)

  • Drafted a GAO bid protest of a U.S. Army Corps of Engineers contract award for personal services in Iraq that caused the Corps to take immediate corrective action; our client later won the re-competed contract

  • Prepared a protest of a U.S. Air Force contract award for operation and maintenance of a remote radar system that caused the Air Force to take corrective action

  • Successfully defended against a GAO protest of a task order award for cybersecurity services for the U.S. Department of Homeland Security 

  • Litigated the appeal of a contracting officer’s final decision relating to a Department of Veterans Affairs energy savings performance contract at the Civilian Board of Contract Appeals (CBCA)

  • Prepared a successful pre-award bid protest challenging our client’s exclusion from a U.S. Navy procurement due to the client’s foreign ownership

  • Prepared initial and supplemental filings in a GAO bid protest of a U.S. Army Corps of Engineers contract award for environmental remediation that caused the Corps to take corrective action

  • With other V&E attorneys, drafted a GAO bid protest of a large Defense Information Systems Agency (DISA) satellite communications contract award that caused DISA to take corrective action due to awardee’s conflict of interest; later successfully defended against a protest of the subsequent award of the contract to our client

  • Prepared and filed a protest of a U.S. Navy sole source award for procurement and installation of communications equipment that caused the Navy to take corrective action

  • Assisted in response to a major Department of Justice parallel criminal fraud and civil False Claims Act investigation and subsequent criminal prosecution involving a government contract for food procurement and delivery in Kuwait and Iraq during the Iraq War

  • On behalf of a client, drafted a Request for Equitable Adjustment on the theory of unilateral mistake that was accepted by the contracting agency without dispute

  • Worked as part of a V&E team that litigated a GAO protest of a large U.S. Army contract award for aircraft infrared countermeasures that resulted in a positive result for the client 

  • Litigated a size appeal at the SBA Office of Hearings and Appeals

  • As part of a V&E team, defended against a GAO protest challenging a U.S. Army contract award for flight training services, and successfully defended against subsequent protest of the same award at the COFC

  • Part of a V&E team that litigated a protest of a large Federal Aviation Administration (FAA) systems engineering contract at the FAA Office of Dispute Resolution for Acquisition (ODRA), and participated in Alternative Dispute Resolution to resolve the protest

  • Prepared a GAO protest of the U.S. Army’s award of a contract for mission training services that caused the Army to take corrective action 

  • Assisted with a successful defense against a protest at the COFC of a Department of Treasury contract award 

  • Successfully defended against a GAO bid protest of a large U.S. Air Force contract for radio frequency countermeasures

  • Assisted a client with negotiations with the Department of Defense to restructure and clarify three utility services contracts

  • Conducted an internal investigation and successfully resolved subsequent government investigation relating to alleged violations of the Procurement Integrity Act on a U.S. Navy procurement 

  • Assisted a client with compliance with the Buy American Act (BAA), the Trade Agreements Act (TAA), the Federal Transit Administration Buy America regulations, and other domestic source restrictions

  • Assisted a new subsidiary of a prominent foreign company with the process of negotiating a FOCI mitigation agreement with the Defense Security Service (DSS) to obtain a facility security clearance

  • Advised a client on various issues relating to Department of Defense Other Transaction Agreements (“OTAs”) for prototype projects

  • Advised a client on the statutory and regulatory restrictions applicable to employment of former Government officials

  • Assisted with an internal investigation of potential Procurement Integrity Act violations and drafted voluntary disclosures to the U.S. Government

  • Advised a client on issues relating to the sale of the assets of the client’s government contracting business

  • Assisted a client with the process of novating a large number of contracts to a new FOCI-mitigated entity after an acquisition and reorganization 

  • Counseled a client on FAR provisions and contract clauses applicable to regulated utility services contracts

  • Assisted with an internal investigation relating to an employee’s personal conflicts of interest and drafted subsequent voluntary disclosure to the government 

  • Advised a client on issues relating to liability for lost and destroyed government property

  • On behalf of a client, negotiated terms of an “Other Transaction Agreement” (OTA) with the Department of the Army and assisted the client with implementation of the OTA

  • Advised a client on various issues relating to Department of Defense (DoD) utility privatization contracts

  • Prepared a thorough response to a U.S. Government inquiry relating to a client’s present responsibility that caused the agency suspension and debarment official to close the file without further action

  • Assisted a client in responding to a years-long, multi-faceted government investigation of its pricing practices on a major Defense Department logistics contract

Credentials

  • University of Virginia School of Law, J.D., 2006
  • Yale University, B.A., History with distinction, cum laude, 2000
  • Legal 500 U.S., “Next Generation Lawyer” in Government Contracts, 2018 and 2019
  • Chambers USA, Associate to Watch in Government: Government Contracts (Nationwide), 2011, 2012, 2014, and 2015
  • Selected to the Washington, D.C. Rising Stars list, Super Lawyers (Thomson Reuters), 2015 and 2016
  • Member, Public Contract Law Section, American Bar Association
  • Virginia; District of Columbia
  • “The C2 Summit: Winning US Government Contracts Worldwide and Networking Event,” June 27, 2018 (panelist)
  • Panelist, “U.S. Federal Contract Claims,” The Contingency Contracting (C2) Summit, Dubai, June 27, 2018
  • “OTAs: No FAR Doesn’t Necessarily Mean No Problems,” Federal Circuit Bar Association Government Contracting Summit, April 13, 2018 (panelist)
  • “How NDAA for 2017 Changes DOD Contracting,” Law360, January 11, 2017 (co-author)
  • “NDAA for FY2017 Changes DoD Contracting Policies in Key Areas,” V&E Government Contracts E-communication Update, December 28, 2016
  • “Government and Whistleblowers Target Contractors on Trade Agreements Act Compliance,” V&E Government Contracts E-communication Update, July 18, 2012