Photo of Dan Kelly

Mr. Kelly brings over thirty years of experience to the firm’s government contracts group. His practice combines both counseling and acting as an advocate on behalf of clients doing business in the government marketplace.  Mr. Kelly has knowledge of the government contracting process both on a federal and state level, and the specific laws, regulations, contract clauses and dispute resolution mechanisms in this specialized area. He provides advice and guidance to clients who are in the government supply chain, either as prime contractors, subcontractors or vendors. He reviews government solicitations with clients, prepares proposals, and negotiates teaming arrangements and subcontracts with other suppliers. He helps clients build and enhance their compliance programs. He assists clients in protecting their intellectual property and proprietary information concerning their businesses when doing business with the government. He advocates for clients who wrongfully were passed over for a contract award. He prepares claims arising under government contracts as a result of change orders, delays, and terminations for default or convenience. Mr. Kelly’s practice extends to a broad spectrum of industries and federal and state authorities for whom they supply research, products and services including, Medicare and Medicaid audit and investigation service providers; commercial software developers who modify their software for military applications; professional services providers for federal and state-sponsored hurricane relief efforts; raw materials and component suppliers to large military prime contractors; and biomedical and pharma research facilities working under SBIRs, CRADAs, and grants for health agencies.

On September 22, 2020, President Trump issued an Executive Order on Combating Race and Sex Stereotyping (the Order). The Order is directed squarely at federal contractors and subcontractors, and states that its purpose is to “promote economy and efficiency in Federal contracting, . . . unity in the Federal workforce, and . . . combat[] offensive and anti-American race and sex stereotyping and scapegoating.” The Order is effective immediately but is applicable to contracts issued after November 22, 2020 (60 days after the Order).

Continue Reading UPDATE: New Executive Order and Accompanying OFCCP FAQs Demand Federal Contractors and Grantees Scrutinize All Diversity Workforce Training

On September 22, 2020, President Trump issued an Executive Order on Combating Race and Sex Stereotyping. The Order is directed squarely at federal contractors and subcontractors and states that its purpose is to “promote economy and efficiency in Federal contracting, . . . unity in the Federal workforce, and . . . combat[] offensive and anti-American race and sex stereotyping and scapegoating.” The Order is effective immediately but is applicable to contracts issued after November 22, 2020 (60 days after the order).

Continue Reading New Executive Order Demands Federal Contractors and Grantees Scrutinize All Diversity Workforce Training

FEMA Seeks All Comers to Supply Government with COVID-19 Supplies

Through its website, the Federal Emergency Management Association (“FEMA”) is encouraging the private sector to step up and support the agency in its response to COVID-19 in a variety of ways. In pertinent part, the website solicits donations of medical supplies and equipment, refers businesses with nonmedical good and/or services that can help the response to the Department of Homeland Security (“DHS”) Procurement Action Response team, and provides guidance to hospitals and healthcare providers in need of medical supplies.


Continue Reading FEMA Opens a Door and Closes a Window: A Primer on FEMA’s Broad Efforts to Obtain and Retain Medical Supplies to Combat COVID-19

In a Class Determination and Findings (CD&F) published on April 3, 2020, the GSA’s Senior Procurement Executive directed that certain limited supplies to combat the COVID-19 virus identified in the CD&F may be acquired without regard to the domestic preference restrictions imposed by the Trade Agreements Act (TAA) and the Buy American Act (BAA) clauses included in the GSA Schedule and GSA individual procurements. The Senior Procurement Executive concluded that waivers of the domestic preference restrictions were warranted based on scarcity in that the supplies were deemed “temporarily unavailable in sufficient quantity or satisfactory quality” or not “mined, produced, or manufactured in the United States in sufficient and reasonably commercial quantities of a satisfactory quality.”

Continue Reading General Services Administration Issues Class-Wide Waiver of Trade Agreements Act and Buy American Act for All GSA Contracts and Schedules for Supplies to Combat the COVID-19 Virus

On March 31, 2020, the Office of the Under Secretary of Defense for Acquisition and Sustainment issued a memorandum attaching a class Commercial Item Determination (CID) promulgated by the Defense Contract Management Agency Commercial Item Group (DCMA CIG) identifying as commercial items specific products and services needed by the Department of Defense (DoD) to address the COVID-19 pandemic (Memorandum).  The Memorandum is specifically intended to “allow contracting officers maximum flexibility” in awarding critical contracts for supplies and services needed for the DoD to combat the COVID-19 pandemic.  The Memorandum is expected to facilitate the award of “urgent commercial item procurements,” and the class CID is specifically “limited to the information pertaining to the 2020 COVID-19 pandemic.”

Continue Reading Commerciality in the Time of Coronavirus—DCMA Issues New Class Commercial Item Determination and Guidance

On Friday, March 20, 2020, the Office of Management and Budget (OMB) issued Memorandum No. M-20-18, titled “Managing Federal Contract Performance Issues Associated With The Novel Coronavirus (COVID-19).”  The Memorandum, directed to the heads of all Executive Departments and constituent federal agencies, provides key guidance on maintaining continued contract performance while respecting the need to protect the safety of the contracting community during this unprecedented time.  The critical aspects of the Memorandum, accompanied by a contractor “To Do” list, are as follows:

Continue Reading Update on the COVID-19 Federal Contractor’s Guide – The Office of Management and Budget Issues Critical Guidance Regarding Federal Contract Performance

The spread of the COVID-19 virus and the unprecedented steps taken by federal, state and local authorities to contain it by shutting down or significantly altering normal business operations pose great challenges to government contractors in meeting the needs of their universal customer, the U.S. Government.  Work spaces are closed.  Supply chains are disrupted.  Key employees may no longer be available to oversee critical operations – both on and off U.S. Government installations.  Here are some proactive measures that contractors can take now to avoid loss and to maximize the potential of obtaining new business opportunities created by the expected exponential increase in government spending:

Continue Reading COVID-19 Federal Contractor’s Guide – Some Quick Points for Surviving and Thriving in This Unprecedented Environment

The Trump administration’s focus on enhancing “Buy American” requirements in federal procurement took a leap forward on July 15, 2019, with the issuance of an Executive Order (EO) on Maximizing Use of American-Made Goods, Products, and Materials. Unlike the administration’s previous executive orders – Executive Order 13788 of April 18, 2017 (Buy American and Hire American) and Executive Order 13858 of January 31, 2019 (Strengthening Buy American Preferences for Infrastructure Projects), this EO contains instructions to the FAR Council to change regulations that have been in place since the Eisenhower administration, tightening restrictions on acquiring foreign end products.  In particular, the EO makes dramatic changes to the domestic origin requirements for iron and steel products.

Continue Reading Buy (More) American: The Trump Administration Finally Ups the Ante on Domestic Origin Requirements (With the Final Impact Still TBD)

As we reported last month, the Department of Defense (DoD) has been engaging in an unusual rollout of its new cybersecurity certification program by way of  road tours—led by Katie Arrington, the Special Assistant to the Assistant Secretary of Defense for Acquisition and Sustainment for Cyber—that address the tiered, five-level Cybersecurity Maturity Model Certification (CMMC). At bottom, DoD intends for the CMMC to help streamline the acquisition process by providing acquiring agencies and consenting contractors with more exacting cybersecurity requirements for future acquisitions. What’s unique about the CMMC rollout is the lack of written guidance on the program. DoD representatives have orally provided a majority of publicly available information about CMMC only during various webinars and defense-industry events held over the past couple of months. Indeed, a quick Google search for “CMMC” indicates that, at this time, hard facts about the program appear to be limited to FAQs on a DoD website.

Continue Reading Cybersecurity – The Times (and Standards) They Are A Changin’ – FAST!

Every government contractor hesitates and ponders whether information confidential and valuable to its business that is disclosed – either voluntarily or by compulsion – in a submission to a U.S. Government agency will be protected from release to a third party pursuant to that dreaded four-letter acronym: F-O-I-A. In a June 24, 2019, landmark decision, the U.S. Supreme Court, in Food Marketing Institute v. Argus Leader Media[1], has spoken for the first time on FOIA exemption covering such information – and the news is good for contractors seeking maximum protection of their valuable confidential IP and business information.

Continue Reading Good News for Federal Contractors – FOIA “Exemption 4” Protecting Confidential Information Gets Expansive Definition by U.S. Supreme Court in Food Marketing Institute v. Argus Leader Media