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Fernand A. Lavallee, P.C.

Partner

fernand.lavallee@dlapiper.com

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500 Eighth Street, NW
Washington, DC 20004
United States
T: +1 202 799 4401 F: +1 202 799 5401

Fernand A. Lavallee represents clients in all aspects of federal, state and local procurement law matters and international commercial transactions. Mr. Lavallee's familiarity with government contract matters derives from his broad range of experience in counseling, litigating and teaching contractors in all areas of government contracting. He regularly litigates high technology issues and government contracts cases before various federal and state courts and brings protests and claims before various boards of contract appeals, the Government Accountability Office (GAO) and the Small Business Administration (SBA).

Mr. Lavallee represents clients involved in providing products and services to both civilian (e.g., DHS, GSA, DOE, NASA, DOT, NIH, HHS, NIST, DOS, USDA) and defense (e.g., DOD and the military services, NSA, NRO, DARPA) agencies.

Mr. Lavallee's practical, problem-solving approach to government contracting issues is informed by his experience as a civil servant with the US Department of Commerce and his service as an infantry officer in the United States Army and Maryland Army National Guard.

Chambers USA: America's Leading Lawyers for Business lists Mr. Lavallee as a leading national practitioner in government contracts. In its 2011 edition, Chambers noted that Mr. Lavallee "won plaudits for his IP expertise, and among peers is particularly known for his solid working knowledge of software data rights. One client enthused: 'He is prompt and engages quickly, and his advice is practical and based on a good understanding about what drives our business, not just a textbook answer.'"

Representative Matters

Protest of STG, Inc., B-405082, B-405082.2, July 27, 2011, 2011 CPD ¶ : Successfully intervened to defend the award by the Veterans Administration of a bridge contract to client for an electronic commerce and acquisition system
Protest of Waterfront Technologies, Inc., B- 401948.16, B- 401948.18, June 24, 2011, 2011 CPD ¶ 123: Successfully intervened to defend the award by the Department of Labor to client of a contract for enterprise information technology services
Bilfinger Berger AG Sede Secondaria Italiana v. U.S., 97 Fed.Cl. 96 (2010), and Bilfinger Berger AG Sede Secondaria Italiana v. U.S., 94 Fed.Cl. 389 (2010): Obtained a Temporary Restraining Order (TRO) preventing the Army Corps of Engineers from issuing any task orders and requiring suspension of performance of the contract until resolution of a Court of Federal Claims protest after client’s protest before the Government Accountability Office (GAO) was denied. The TRO facilitated the negotiation of a resolution that included contract and task order awards to client
Protest of Federal Express Corporation, B- 401876.2, January 26, 2010, 2011 CPD ¶ 3: Successfully intervened to defend the award of a blanket purchase agreement (BPA) to United Parcel Service, Inc. (UPS)to provide government-wide delivery services
Protest of American K–9 Detection Services, Inc., B- 400464.6, May 5, 2009, 2009 CPD ¶ 107: Protest sustained in challenge to the Army’s improper limitation of discussions during implementation of corrective action in a protest
Protest of EOD Technology, Inc. v. U.S., 82 Fed.Cl. 12 (2008): Successfully opposed an application for a Temporary Restraining Order (TRO) and Permanent Injunction seeking to nullify the Army's override of the statutory stay of contract performance in a GAO protest of an award to client
Innovative Concepts, Inc. v. Symetrics Industries, Inc., Civil Action No. 02-1040-A (EDVa 2003): Defended a government contractor and manufacturer of defense articles against claims of copyright infringement involving software that was developed and delivered under a government contract
York Building Services, Inc.; Olympus Building Services, Inc.—Costs, B- 282887.10, B- 282887.11, August 29, 2000, 2000 CPD ¶ 141: Won costs of pursuing protest after Navy took corrective action following an outcome predictive ADR, and refused to pay legal fees to client
Protest of Safeguard Maintenance Corporation, B- 260983, October 13, 1995, 96-2 CPD ¶ 116: Protest sustained in challenge to the exclusion of a government contractor from the competitive range in a solicitation seeking services for the Internal Revenue Service
Protest of Energy Conversion Devices, Inc., B- 260514, June 16, 1995, 95-2 CPD ¶ 121: Successfully defended the award of an Other Transaction Agreement (OTA) by DARPA to a consortium in the first reported GAO protest decision challenging the award of an OTA
Successfully represented an IT services client in the resolution of a dispute arising from a teaming agreement following the failure of the parties to negotiate a subcontract

Testifying as an Expert Witness

Authsec, Inc. v. Roberts et al., No. 13-C-06-067710, Cir. Ct. Howard Co., Maryland, July, 2009: Testified at trial before a jury as an expert witness on intellectual property and small business issues in federal government contracts, called by the defense, in a dispute between two federal contractors heard in state court in Maryland. Jury found in favor of the defense on all nine counts in the trial

Admissions

District of Columbia
Virginia
Supreme Court of the United States
United States Court of Appeals for the Federal Circuit
United States Court of Federal Claims
United States Court of International Trade
United States District Court for the Eastern District of Virginia
United States District Court for the Western District of Virginia

Memberships

American Bar Association, Public Contract Law Section
- Co-Chair, Intellectual Property Committee
National Contract Management Association (NCMA)

Publications

Co-author, Inside the Minds: The Impact of Recent Changes in Government Contracts, 2011 ed., Aspatore Books, Thomson Reuters
Co-author, Intellectual Property in Government Contracts [DFARS Part 227 Proposed Re-Write], Conference Briefs, West Government Contracts Year in Review Conference, covering 2010, February, 2011
Co-author, Intellectual Property in Government Contracts [Top 30 IP Issues], Conference Briefs, West Government Contracts Year in Review Conference, covering 2009, February, 2010
Co-author, Intellectual Property in Government Contracts [IP Primer], Conference Briefs, West Government Contracts Year in Review Conference, covering 2008, February, 2009
Co-author, Intellectual Property in Government Contracts [FAR Part 27 Re-Write], Conference Briefs, West Government Contracts Year in Review Conference, covering 2007, February, 2008
Co-author, "Protecting Company Confidential Information When Selling Commercial Computer Software And Technical Data To the Federal Government," Reaching New Heights in the Development and Use of Intellectual Property in Government Contracts, American Bar Association, Section of Public Contract Law, National Contract Management Association, November 2, 2007
Co-author, Intellectual Property in Government Contracts [Rights in Patents], Conference Briefs, West Government Contracts Year in Review Conference, covering 2006, February 23, 2007
Co-author, Intellectual Property in Government Contracts [Technical Data], Conference Briefs, West Government Contracts Year in Review Conference, covering 2005, February 24, 2006
Co-author, Intellectual Property in Government Contracts [Copyrights], Conference Briefs, West Government Contracts Year in Review Conference, covering 2004, February 4, 2005
Co-author, Intellectual Property in Government Contracts [Software], Conference Briefs, West Government Contracts Year in Review Conference, covering 2003, January 30, 2004
Co-author, "Fear and Loathing of Federal Contracting: Are Commercial Companies Really Afraid to do Business with the Federal Government? Should They Be?" Public Contract Law Journal, Vol. 32, No. 1, Fall 2003, cited with approval in Ervin and Associates, Inc. v. U.S., 59 Fed.Cl. 267 (2004); and in testimony by the Congressional Research Service (L. Elaine Halchin) titled "Other Transaction Authority: Flexibility at the Expense of Accountability?," before the House Committee on Homeland Security, Subcommittee on Emerging Threats, Cybersecurity, and Science and Technology, February 7, 2008
"Cooperative Agreements and Other Transactions: A Concise Primer," Federal Publications, 1996-2006
Co-author, "Joint Ventures, LLCs, and Teaming Arrangements," George Washington University Law Center, Government Contracts Program, 1997

Seminars

Panelist, "1st Interdisciplinary Symposium on Public Procurement," Co-sponsored by the University of Rome Tor Vergata and the Faculty of Law of the University of Copenhagen, Frascati, Italy, June 5-6, 2011
Instructor, "Intellectual Property in Government Contracts," NCMA Battlefield Dulles Chapter, April 20, 2011
Speaker, "Intellectual Property in Government Contracts," West Thompson Annual Government Contracts Year-In-Review, 2004 – Present
Instructor, "Purchasing Contract Administration," Lorman Education Services, May 19, 2011
Panelist, "M&A Issues and the Outlook for 2011," DLA Piper GovCon Executive Series, January 26, 2011
Panelist, "Intellectual Property in Government Contracts," Federal Bar Association, 37th Annual Government Contract Symposium, November 5, 2009
Instructor, "Purchasing Law-Effective Negotiations: Structuring the Deal," Lorman Education Services, February 21, 2008
Speaker, "Protecting the Crown Jewels: The Recent Changes in Government Data Rights," 45th Annual Aerospace and Defense Contract Management Conference, Garden Grove, California, July 26-27, 2007
Federal Publications Seminars:
- Course Director, Government Contracts Intellectual Property Institute, 2001-2002
- Course Director, Cooperative Agreements, CRADAs, and Other Transactions, 1994-
Instructor, “Purchasing Law (Maryland)”, Lorman Education Services, 2001-2002
Adjunct Instructor, George Washington University Law School Government Contracts Program, Seminar on Joint Ventures and Teaming Arrangements, 1995-1998

Prior Experience

Venable, Baetjer, Howard and Civiletti, Partner 1997–2003; Associate, 1988–1997
United States Department of Commerce, Trade Policy Analyst (Part-time), 1983–1985
CPT, 1-115th Inf., 29th DIV (L), 1984–1992

Civic and Charitable

College of William and Mary Law School
- President, Board of Directors, College of William and Mary Alumni Association
Chairman, Board of Directors for an elementary school (1999-2005)