Brad Jorgensen is a recognized thought leader in the area of public procurement law with a particular focus on assisting contractors with M&A transactions, including the evaluation of key compliance considerations and related risks.
Brad's practice with regard to government contractor M&A transactions involves drafting and negotiating transaction documents, leading due diligence reviews, assessing the strength of contractor compliance systems and assisting with integration activities. Often in connection with this work, Brad counsels on national industrial security matters, including strategies for mitigating Foreign Ownership, Control or Influence. His deep experience in these matters allows for the efficient identification and creative mitigation of risk issues, which facilitates deals and allows our government contractor clients to achieve their business goals.
Additionally, Brad regularly litigates high-stakes bid protests before the US Government Accountability Office and the US Court of Federal Claims. He frequently teaches and publishes on bid protest procedures, theories and strategy.
Brad also has significant experience performing internal compliance audits for government contractors, which enables him to seamlessly provide subject matter and investigation support in defense of procurement fraud allegations, including alleged violations of the False Claims Act.
Because government contractors in the US operate in a highly regulated environment, mergers and acquisitions involving government contractors raise compliance issues and business risks that are different from those in purely commercial transactions. If a buyer does not meaningfully assess these issues and risks during the pre-closing diligence phase of an M&A transaction, it may acquire assets with hidden liabilities and, therefore, substantially diminished value.
Brad regularly helps companies identify and address issues in M&A transactions involving both US and foreign government contracts. This work includes leading the underwriting diligence on behalf of insurance companies, which provides Brad unique insight into market trends, the appropriate scope and depth of diligence, as well as proven strategies for overcoming deal obstacles.
Brad’s representative government contractor M&A matters include the following:
- Represented a top-five US government contractor in its US$275-million cross-border acquisition of a telecommunications division of another top-five US government contractor
- Represented an Indian multinational technology company in its US$1.8-billion acquisition of certain computer software assets required to perform government contracts from a Fortune 50 information technology services company
- Represented a top-five US government contractor in its US$2-billion cross-border acquisition of certain telecommunications assets from a division of another top-five US government contractor
- Represented a mid-tier US government contractor working primarily in the defense and intelligence sectors in its acquisition of another US government contractor of comparable size specializing in the provision of imagery science, cyber analytic, and advanced technology research and development services
- Represented a global consulting and technology services provider with more than 7,000 employees and operations in 70 countries in its US$255-million acquisition of a leading provider of cloud-based platform services to the US government
- Represented a Fortune 20 multinational conglomerate in the spinoff of its healthcare unit, which serves foreign and domestic government customers, into a standalone company
- Represented various Fortune 100 insurance underwriters in connection with the issuance of 100+ “representations and warranties” policies on M&A transactions involving government contracts
- LL.M., Public Procurement Law, George Washington University 2010
- J.D., Syracuse University College of Law 2006
Member, Syracuse Journal of International Law and Commerce
Lead Articles Editor, Syracuse Science and Technology Law Reporter
- B.S., Psychology, Brigham Young University 2002
- Winner of the 2016 Burton Award for Distinguished Legal Writing
- Co-Author, "False Claims Act Settlement Underscores Importance of Government Contracts-Specific M&A Diligence," LexisNexis, October 2022
- Co-Author, "Government Contractor Mergers & Acquisitions: What To Do With Pending Proposals?," 20-4 Briefing Papers 1, March 2020
- Co-Author, "To File Or Not To File: Key Issues When Deciding To Protest," 15-3 Briefing Papers 1, February 2015
- Co-Author, "Overseas Contracts: Navigating The Compliance Minefield," National Contract Management Association, Contract Management, August 2013
- Co-Author, "New DOD Rule Authorizes Withholding of Payments for Deficiencies in Business Systems," National Contract Management Association, Contract Management, August 2011
- Co-Author, "Software Maintenance Payments: Don’t Let Them Come Back To Bite You," National Contract Management Association, Contract Management, December 2010
- Presenter, "Navigating Risk and Compliance in GovCon M&A," JSchaus and Associates, Federal GovCon Webinar Series, Washington, DC (2020, 2021)
- Co-Presenter, "Organizational Conflicts of Interest," General Electric Company, Center of Excellence Webinar Series, Austin, TX (2020)
- Panelist, "The Pre-Award Unavailability of Proposed Key Personnel – Potential Paths Forward," ABA Public Contract Law Section, Bid Protest Committee, Washington, DC (2019)
- Moderator and Panelist, "Representations and Warranties Insurance in Government Contractor M&A: A Look Behind the Curtain," ABA Public Contract Law Section, Mergers and Acquisitions Committee, Washington, DC (2019)
- Moderator, "Innovation in Defense: Partnerships and Investment Opportunities," DLA Piper GovCon Executive Series, Austin, TX (2019)
- Co-Presenter, "Assessment of Section 809 Panel Recommendations," General Electric Company, Center of Excellence Webinar Series, Austin, TX (2019)
- Moderator, "The Future of DOD Contracting: Key Developments and Trends," DLA Piper GovCon Executive Series, Reston, VA (2019)
- Panelist, "Hot Topics and Trends in Bid Protest Practice and Procedure," ABA Continuing Legal Education Webinar, Washington, DC (2018)
- Panelist, "Back to School − Protest Musings and Updates," ABA Public Contract Law Section, Bid Protest Committee, Washington, DC (2017)
- Panelist, "Government Contracts M/A Landscape: Strategies for Identifying and Mitigating Transactional Risk," Marsh's Government Contracting Risk Forum, Tysons Corner, VA (2016)
- Moderator, "Key Diligence Considerations in Connection with Government Contractor Mergers and Acquisitions," DLA Piper GovCon Executive Series, Reston, VA (2016)
- Co-Presenter, "5 W's of Bid Protests," L2 Federal Resources, LLC Webinar, Washington, DC (2013)
Prior to joining DLA Piper, Brad was an assistant general counsel for the Commercial Law Branch of the Office of General Counsel, Federal Bureau of Prisons, US Department of Justice. While at the Department of Justice, Brad represented the United States in a wide variety of government contract actions, including bid protests at the US Government Accountability Office and claims before the Civilian Board of Contract Appeals and the US Court of Federal Claims. In addition to government contract matters, Brad provided advice on intellectual property, tax and bankruptcy matters impacting the Bureau.
During law school, Brad was a senior research assistant for two professors and a judicial intern for the Honorable Brian "Ted" Stewart of the US District Court located in Salt Lake City, Utah.
- Guest Lecturer, Georgetown University Law Center, "Bid Protests" and "Judicial Government Contract Remedies" as part of the Government Contracts course ‐ Washington, DC (2014 ‐ 2018)
- Guest Lecturer, University of Illinois: College of Law, "Bid Protests in Federal Procurements" as part of the Introduction to Government Contracts course ‐ Champaign-Urbana, IL (2013 ‐ 2015)
- Adjunct Professor, "Legal Aspects of Contracting," The Catholic University of America, Metropolitan School of Professional Studies (Summer Term, 2012 and 2015)
Memberships And Affiliations
- American Bar Association, Public Contract Law Section
- Former Section Council Member
- Vice Chair and Former Co-Chair, Bid Protest Committee
- Co-Chair and Former Vice Chair, Government Contractor Mergers and Acquisitions Committee
- Vice Chair, Publications Board
- Former Vice Chair, Debarment and Suspension Committee
- Former Vice Chair, Procurement Fraud Committee
- Co-Chair, 2022 Public Procurement Symposium
- Committee Member: Bid Protest; Commercial Products and Services; Contract Claims and Disputes Resolution; Debarment and Suspension; Ethics, Compliance and Professional Responsibility; Intellectual Property; Procurement Fraud; and Mergers and Acquisitions
- Government Contracts Editorial Advisory Board, Law 360
- Editorial Board, American Bar Association, Public Contract Law Journal
- Professional Services Council
- National Contract Management Association