Kenneth D. Brody

Kenneth D. Brody

Location:
Reston, Virginia
Phone:
703-264-2220
Fax:
703-264-2226
Email:

Kenneth D. Brody has forty years of experience in government contracts law, complex business and federal procurement litigation, commercial contracting, and employment law. He is a 1978 graduate of the Georgetown Law Center and is licensed to practice law in Virginia, Maryland, the District of Columbia, and New York. Ken's practice includes advising local and national companies on all aspects of procurement law, including disputes relating to performance under prime contracts, breaches of subcontracts, failures to make payments, equitable adjustments, and contract terminations. He has represented parties in more than a hundred bid protests before the Court of Federal Claims, GAO, SBA, and federal, state and local procurement agencies; and has frequently litigated contract disputes before government boards of contract appeals, private arbitrators, and state and federal courts. He also analyzes and prepares contract claims; regularly advises clients on procurement compliance issues, drafts and negotiates subcontracts, teaming agreements, joint venture agreements and various commercial agreements; and negotiates and mediates settlements of contract disputes.

BACKGROUND

Ken began practicing law with the Department of the Navy in 1979 as a contract specialist and attorney-advisor with the Naval Facilities Engineering Command. He became a trial attorney with the Navy Counsel's Litigation Office where he litigated major construction contract disputes, including large claims under Navy hospital and drydock projects, as well as federal employment and discrimination cases. After he left the government in 1988, Ken practiced procurement law and handled complex business litigation in Washington, DC as a partner in a national law firm before he moved to Northern Virginia in 1996 and became one of the founders of his current firm. For the past seventeen years, he has also been an Instructor for the Virginia Procurement Technical Assistance Program (PTAP) affiliated with George Mason University, an organization aimed at promoting the development of emerging small businesses. He is also a regular volunteer legal counsel for the DC Bar Pro Bono Center's Small Business Legal Assistance Program for local neighborhood small businesses and nonprofit entities.

Ken has written extensively on topics in the procurement field including pieces on procurement reform and litigation under the False Claims Act, and is the author of the firm's Government Contracting Client Alerts which addresses current topics in government contracting law. Ken is also active in the Reston Chamber of Commerce where he has chaired the Government Contracting Committee. Ken established the Chamber's original annual teaming fair which has grown into a major regional business and government match-making event giving small businesses an opportunity to meet with procuring agencies and prospective teammates.

Bar Admissions

  • District of Columbia, 1978
  • New York, 1979
  • Maryland, 1987
  • Virginia, 1997
  • U.S. District Court for the District of Columbia
  • U.S. District Court District of Maryland
  • U.S. District Court Eastern District of Virginia
  • U.S. Court of Appeals 4th Circuit
  • U.S. Court of Federal Claims

Education

  • Georgetown University Law Center, Washington, District of Columbia
    • J.D. - 1978
  • State University of New York, Stony Brook, New York
    • B.A. - 1975
  • Stuyvesant High School, New York City - 1971

Published Works

  • "Understanding the FAR Part 15 Rewrite", NCMA, September, 1997
  • "Protecting Your Trade Secrets", Acquisition Issues, April, 1991
  • "Recent Developments in the Area of 'Qui Tam Lawsuits", Federal Bar News & Journal, December, 1990

Representative Cases

  • C2C Innovative Solutions, Inc., B- 416289, B- 416289.2, 2018 WL 3854044
  • Iron Bow Technologies, LLC v. The United States, 36 Fed. Cl. 519 (COFC, 2018)
  • RONCO Consulting Corp. v. Leading Edge Ventures, LLC, 2017 WL 6336609 (D.MD. 2017); 2018 WL 4095474 (D.MD. 2018)
  • Team People LLC, B-414434 et al., 2017 CPD ¶ 190
  • Interactive Technology Solutions, LLC, B- 413665.2 et. al. 2017 CPD ¶ 82
  • DigitalSpec, LLC, B- 412344, 2016 CPD ¶ 72
  • Sevatec, Inc., B- 410665, 2015 CPD ¶ 332
  • TriCenturion, Inc.; SafeGuard Services, LLC, B- 406032, et. al, 2012 CPD ¶ 52
  • Enterprise Information Services, Inc., B- 405152 et. al., 2011 CPD ¶ 174
  • SMARTnet, Inc., B- 400651.2, 2009 CPD ¶ 34
  • Superlative Technologies, Inc., B-310489 et. al. 2008 CPD ¶ 12, 2008 CPD ¶ 123
  • MASAI Technologies Corporation, B-298880.4, 2007 CPD ¶ 179
  • Abadie v. D.C. Contract Appeals Bd., 916 A. 2d 913, (D.C.C.A. 2007)
  • Browning Ferris, Inc. v. Providence Hospital, Civ. No. 005189, (D.C. Sup. Ct., 2002)
  • OneSource Energy Services, Inc., B-283445, 2000 CPD ¶ 109
  • Synetics, Inc. v. The United States and NCI Information Systems, Inc., 45 Fed. CI 1 (COFC 1999)
  • Systems Integration & Research, Inc.; Presearch, Inc., B-279759.2, 99-1 CPD ¶ 54
  • Protests of Camber Corporation and Information Systems & Networks Corporation, 98-ODRA-0079 and 0080, (FAA 1998)
  • Browning-Ferris Industries of Hawaii, Inc. Costs., B-278051 et. al., 1998 WL 201221, (Comp. Gen.)
  • Industrial Data Link Corporation, B-246682, 1992 WL 63465, (Comp. Gen.)
  • Computer Sciences Corp., GSBCA No. 11497-P, 92-1 BCA 24703
  • Appeal of Mystech Associates, 91-3 BCA 24127
  • Hattal & Associates, 70 Comp Gen. 632, B-243357, 91-2 CPD ¶ 90

Classes/Seminars

  • Procurement Technical Assistance Program, George Mason University
  • Taught classes around the country for SBA under the 7(J) Training Program, United States Small Business Administration
  • Government Contracting Networking Organizations
  • Presentation of NCMA's FAR Part 15 Rewrite Lectures before various NCMA chapters, National Contracts Management Association (NCMA)
  • Representation of High-Tech Companies in the field of Government Contracting, Montgomery County Bar Association
  • Procurement Integrity and Ethics, Institute of Management Accountants
  • United States Department of the Navy

Pro Bono Activities

  • DC Bar Pro Bono Center Small Business Legal Assistance Program