Thomas E. DaleyAssociate
Tom Daley focuses his practice on assisting companies who do business with federal, state, and local governments with litigation matters, investigations, environmental matters, and regulatory counselling and compliance issues.
Tom has successfully litigated bid protests before the US Court of Federal Claims and US Government Accountability Office, as well as size protests before the Small Business Administration and Office of Hearings and Appeals. Tom also represents contractors in contract administration matters and with claims under the Contract Disputes Act.
Tom assists clients in internal investigations, investigations brought by Inspectors General, and Department of Justice investigations related to actions brought under the False Claims Act. His work often includes issues arising under government contracts or involving procurement fraud or misconduct.
Additionally, Tom advises clients on emerging environmental and climate change requirements that are becoming increasingly common in the federal procurement process, as well as on developments relating to agencies’ sustainable initiatives and procurement policies. He has counseled clients regarding the FAR Council’s proposed disclosure of greenhouse gas emissions and climate-related financial risk rule and its proposed sustainable procurement rule. He also has helped clients pursue federal funding and grant opportunities related to the clean energy transition (e.g., the Clean Communities Investment Accelerator Competition).
Tom is a widely published author who writes about complex issues within the government contracts field, including bid protests, the False Claims Act, and environmental matters. His works have been published in leading government contracts publications, including the Public Contract Law Journal, Law360, and The Procurement Lawyer. Tom also has published a series of articles with PubK Law regarding federal sustainable procurement developments.
Recent representative bid protest matters include:
- Successfully protested the National Institutes of Health’s evaluation of a client’s past performance, resulting in the client being reinstated to the procurement.
- Successfully challenged the award of a $365-million Air Force contract, resulting in a contract award to our client.
- Successfully protested the award of a $340-million Department of Veterans Affairs contract, resulting in a contract award to our client.
- Obtained a permanent injunction preventing the Department of State from proceeding with award of a contract to our client’s competitor.
- Obtained a court decision vacating a determination of the Small Business Administration Office of Hearings and Appeals finding our client to not be a small business.
- Successfully requested an injunction pending an appeal before the US Court of Appeals for the Federal Circuit, which allowed our client to continue performing an incumbent contract during the pendency of an appeal.
- Successfully protested the Marine Corps’ evaluation of our client’s proposal as well as the award decision, which required the Marine Corps to reopen the procurement and allow our client to submit a revised proposal.
- J.D., George Washington University Law School
with high honors
Order of the Coif
- B.S., Business Administration, Susquehanna University
Tom currently serves as a Vice Chair for the Procurement Fraud & False Claims Committee of the American Bar Association, Public Contract Law section.
The American Bar Association, Public Contract Law section, selected Tom as the winner of the 2020 Public Contract Law Journal Writing Competition, which evaluates submissions based on the technical quality of the paper and the significance of the paper to the government contracts field. Tom also was awarded the National Contract Management Association's 2017 Outstanding Academic Achievement Award.
- 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)
- Quoted, "CIO-SP4 protest dismissed after NIH commits to corrective action" Fedscoop (September 20, 2023)
- Quoted, "The feds have a low-carbon shopping list. It’s global." Climate Wire (March 3, 2023)
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. Tom participated in numerous oral arguments and two trials involving claims brought under the Contract Disputes Act.
Throughout his third-year of law school, Tom was a law clerk with DLA Piper's Government Contracts practice. During law school, Tom completed internships with the United States Civilian Board of Contract Appeals, the United States District Court for the District of Columbia, the Executive Office of the President of the United States, and the United States Attorney's Office for the Eastern District of Pennsylvania.
My latest insights
Agencies are now required to consider greenhouse gas emissions in procurement decisions,...
2 October 2023 .5 minute read