Thomas E. Daley

Associate

Emailtom.daley@us.dlapiper.com

About

Tom Daley represents companies who do business with federal, state, and local governments, with a focus on the defense, aerospace, and energy sectors.

Tom advises clients ranging from startups to established public companies on contractual and regulatory requirements that apply to government contracts, grants, cooperative agreements, Small Business Innovation Research (SBIR) awards, Cooperative Research and Development Agreements (CRADAs), and Other Transaction Agreements (OTAs). His practice includes drafting and negotiating complex agreements, including teaming agreements, subcontracts, joint venture agreements, joint development agreements, and other long-term arrangements. Additionally, Tom provides strategic advice to clients interested in entering the federal marketplace and pursuing government funding opportunities.

Tom has successfully litigated bid protests before the US Court of Federal Claims and US Government Accountability Office (GAO), as well as size protests before the Small Business Administration and Office of Hearings and Appeals. Tom also represents companies in claims under the Contract Disputes Act and other contract disputes.

Tom assists clients in Department of Justice Investigations, investigations brought by Inspectors General, and internal investigations. His work often includes issues involving allegations of procurement fraud or misconduct, and he has worked closely with government contractors on actions brought under the False Claims Act. He has assisted contractors with mandatory disclosures, subpoenas, Civil Investigative Demands, and in proceedings before suspension and debarment officials.

Tom is a widely published author who regularly writes and speaks about complex issues within the government contracts field, including bid protests, the False Claims Act, and sustainable procurement matters. His works have been published in leading government contracts publications, including the Public Contract Law Journal, Law360, PubK, and The Procurement Lawyer. Additionally, Tom has been recognized as a leading government contracts lawyer by Chambers USA and The Legal 500.

Areas of FocusRegulatory and Government Affairs Government Contracting

Bar admissionsDistrict of Columbia

CourtsUnited States Court of Federal ClaimsUnited States Court of Appeals for the Federal Circuit

EXPERIENCE

Awards and Recognitions

Pro Bono

Tom is a member of the Pro Bono Committee for the Washington, DC office. He maintains an active pro bono practice in which he counsels small businesses and works with clean-energy companies performing under federal grants and cooperative agreements.

Education

J.D., George Washington University Law School
with high honors
Order of the Coif

B.S., Business Administration, Susquehanna University

Bylines

Co-author, "Speak Now or Forever Hold Your Protest: Examining the Divergent Timeliness Rules for Solicitation Protests at the GAO and the Court of Federal Claims," 53 Pub. Cont. L.J. 513, 2024
Co-author, "How to Define and Report Greenhouse Gas Emissions," National Contract Management Associate Magazine, June 2024
Co-author, "Contractors Must Prep For FAR Council GHG Emissions Rule," Law360, May 28, 2024
Co-author, "Establishing Prejudice in Bid Protests When No Offerors Are Eligible for Award," The Procurement Lawyer, May 17, 2024
Co-author, "UN Climate Summit: What To Watch For In Dubai," Law360, September 22, 2023
Co-author, "Equitable Limitations on Government Counterclaims for Common-Law Fraud," 52 Pub. Cont. L.J., 2023
Co-author, "Recent Government Contracts Cybersecurity Developments Demonstrate the Need for Enhanced Monitoring Now," Pratt's Government Contracting Law Report, May 2023
Co-author, "Cybersecurity Litigation for Government Contractors Is on the Rise," Pratt's Government Contracting Law Report, November 2022
Author, "Timeliness at the Court of Federal Claims: Reexamining the Blue & Gold Doctrine in Light of SCA Hygiene and Petrella," 51 Pub. Cont. L.J. 491, 2022
Co-author, "False Claims Act Settlement Underscores Importance of Government Contracts-Specific M&A Diligence, 8 Gov't Contracting," L. Rep. 340, 2022
Co-author, "The Impact of Escobar and the Procurement Collusion Strike Force on Procurement-Related False Claims Act Settlements," Procurement Law, Spring 2022
Author, "Reassessing the Role of the Reilly's Wholesale Factors in Override Protests Following the Federal Circuit's Decision in Safeguard Base Operations," 50 Pub. Cont. L.J. 497, 2021
Co-author, "Government Contractor Mergers & Acquisitions: What To Do With Pending Proposals?" 20-4 Briefing Papers 1, March 2020
Author, "Note, Calculating Intangibles: Assessing the Argument for Actual Damages Equal to the Contract's Total Value," 46 Pub. Cont. L.J. 385, 2017

Seminars

Media Mentions

Prior Experience

Prior to joining DLA Piper, Tom spent two years as a judicial law clerk for the Honorable Marian Blank Horn of the United States Court of Federal Claims, assisting with bid protests, contract disputes, and other matters within the court's jurisdiction.