Kenneth D. Brody

Kenneth D. Brody

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

AREAS OF PRACTICE

Kenneth D. Brody has thirty years of experience in government contracts law, commercial contracting, complex business and federal procurement litigation, employment law and the representation of government contractors. 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. He has also been an Instructor for over ten years for the Procurement Technical Assistance Program (PTAP) of the George Mason University Enterprise Center, which is aimed at promoting the development of emerging small businesses.

Ken's practice includes advising local and national companies on all aspects of procurement law, including disputes relating to prime contract and subcontract award, performance and termination. In addition, he handles procurement protests before the Court of Federal Claims, GAO, SBA, and federal, state and local procurement agencies; and litigates contract disputes before government agencies, arbitration panels, and state and federal courts. He also analyzes and prepares contract claims; drafts and negotiates subcontracts, teaming agreements, joint venture agreements and various commercial agreements; and negotiates and mediates settlements of contract disputes.

Ken began practicing law with the Department of the Navy and became a trial attorney before he left the government in 1988 for private practice. He has taught classes for emerging government contractors at George Mason University and is a frequent lecturer at training events for government contracting personnel. He 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 and works to promote teaming partnerships between large and small companies doing business with the government. He helped establish and organize the Chamber's Annual Teaming Fair for small and large government contractors.

BAR ADMISSIONS

District of Columbia, 1978
New York, 1979
Maryland, 1987
Virginia, 1997
U.S. District Court, 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 Appeals, Federal Circuit

EDUCATION

Georgetown University Law Center, Washington, D.C.
J.D. - 1978

State University of New York, Stony Brook, New York
B.A. - 1975

Stuyvesant High School, New York City (1971)

EXAMPLES OF LECTURING

George Mason University, Procurement Technical Assistance Program (PTAP)
Classes for emerging government contractors in negotiating and drafting Teaming Agreements and Subcontracts and Mentor-Protege Programs for federal contactors

Hired lecturer for SBA under Section 7(j) Training Program
Taught classes around the country on government contracting issues affecting small minority owned businesses

Numerous presentations on teaming and subcontracting, and procurement protests
Before various government contracting networking organizations such as AFCEA, NCMA, INPUT, the Washington Breakfast Club and the Reston Chamber of Commerce

Presentation of NCMA's FAR Part 15 Rewrite Lectures before various NCMA chapters

Presentation for Montgomery County Bar Association
Representation of High-Tech Companies in the field of Government Contracting; Government Contracting at Federal Laboratories

Institute of Management Accountants
Procurement Integrity

Suburban Maryland/Montgomery County Technology Council
Reinventing Government Contracting Strategies for High Technology Companies under FASA

Department of the Navy
Government Contracts Law for contracting officers.

EXAMPLES OF PUBLISHED CASES

CASE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. THESE CASE RESULTS DO NOT GURANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY ANY LAWYER IN THIS FIRM.

TriCenturion, Inc.; SafeGuard Services, LLC.
B- 406032, B- 406032.2, B- 406032.3, B- 406032.4, January 25, 2012, 2012 CPD P 52, 2012, 2012 WL 454018 (Comp. Gen.)  (Successfully demonstrated based on the inadequate and incomplete contemporaneous record provided by CMS and on the lack of meaningful testimony in a hearing called for the purpose of addressing gaps in the agency's documentation, that the agency's evaluation of the awardee's proposed staffing levels for cost realism was unreasonable and was awarded attorney fees and costs).

Enterprise Information Services, Inc.
B- 405152, B- 405152.2, B- 405152.3, September 02, 2011, 2011 CPD P 174, 2011 WL 4015522, (Comp. Gen.), (Successfully defended awardee against protest that the awardee's subcontractor had an unmitigated impaired objectivity organizational conflict of interest arising from its contract with the procuring agency).

SMARTnet, Inc.,
B- 400651.2, January 27, 2009, 2009 CPD P 34, 2009 WL 330359, (Comp. Gen.) (Successfully challenged a DOD certification requirement as  unduly restrictive and was awarded costs and attorney fees).

Matter of: Superlative Technologies, Inc.
B-310489, B-310489.2 2008 CPD P 12, 2008 WL 141852, (Comp. Gen.), January 04, 2008, B-310489.4, 2008 CPD P 123, 2008 WL 2687462, (Comp. Gen.), June 03,2008 (Successfully challenged agency's improper cancellation of procurement and failure to implement appropriate corrective recommendation following hearing and awarded attorneys fees and costs)

Matter of: MASAI Technologies Corporation
B-298880.3, B-298880.4, 2007 CPD P 179, 2007 WL 3983081, (Comp. Gen.), September 10,2007 (Successfully defended award decision against protest of agency selection on grounds of organizational conflict of interest)

Abadie v. District of Columbia Contract Appeals Bd.
916 A. 2d 913, D.C. Court of Appeals, February 08, 2007 (No. 03-CV-1096, 03-CV-1134) (Successfully appealed and overturned D.C. Superior Court decision sustaining a protest)

OneSource Energy Services, Inc.
B-283445, 2000 CPD P 109, 1999 WL 33117211, (Comp. Gen.), November 19,1999 (successfully protested the agency's selection of contractor following a hearing based on the agency's improper consideration of past performance information. Also recovered attorney's fees.)

Synetics, Inc. v. The United States and NCI Information Systems, Inc.
45 Fed. CI 1 (Court of Federal Claims, 1999) (Successfully defended award in a protest action by a disappointed bidder who challenged the selection on grounds that the agency failed to follow the evaluation criteria)

Systems Integration & Research, Inc.; Presearch, Inc.
B-279759.2, B-279759.3, 99-1 CPD P 54, 1999 WLD 12544, (Comp. Gen.), February 16,1999 (Successfully protested award of contract for technical services to a contractor which resulted in a new evaluation and award to protester, who then successfully defended protest of award by the original awardee.)

Protests of Camber Corporation and Information Systems & Networks Corporation.
98-ODRA-0079 and 0080, Federal Aviation Administration (FAA), September, 1998 (Successfully brought protest in a proceeding before the Office of Dispute Resolution (ODRA) challenging award based on bait and switch of key personnel and misrepresentation in the awardees's proposal)

Browning-Ferris Industries of Hawaii, Inc.--Costs.
B-278051, B-278051.2, 1998 WL 201221, (Comp. Gen.), April 27,1998 (Successfully protested terms of RFP and recovered attorney's fees as a result of belated corrective action)

Industrial Data Link Corporation.
B-246682, 1992 WL 63465, (Comp. Gen.), March 19,1992 (Successfully defended decision to issue procurement as a small business set-aside)

Computer Sciences Corp.
GSBCA No. 11497-P, 92-1 BCA 24703, December 30,1991, General Services Board of Contract Appeals (Successfully participated in the defense of the best value award of a multi-billion dollar contract for the Reserve Component Automation System (RCAS) awarded by the Department of the Army to Boeing Computer Services)

Hattal & Associates
70 Comp Gen., 632, B-243357, B-243357.2,91-2 CPD P 90, 1991 WL 162541, (Comp. Gen.), July 25,1991 (Successfully protested failure to award contract for technical services to client and received award of attorney's fees)

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
Government Contracting Client Alerts