Thomas A. Pettit | People | Arnold & Porter

Tom Pettit represents government contractors in litigation, mergers and acquisitions, and investigations. He advises on a variety of regulatory compliance issues. Tom is a U.S. Marine Corps veteran of Operation Iraqi Freedom whose prior employment before joining Arnold & Porter included a top 20 federal contractor and the general counsel's office of a federally-funded research and development center. He is well-versed in the needs and concerns of the defense, aerospace, intelligence, and national security communities.

Tom litigates bid protests, contract claims, and prime-subcontractor disputes before the U.S. Government Accountability Office, U.S. Court of Federal Claims, U.S. Court of Appeals for the Federal Circuit, Boards of Contract Appeals, Small Business Administration Office of Hearings and Appeals, and other forums.

He also represents strategic and private equity buyers and sellers in complex corporate transactions involving government contractors, including mergers, acquisitions, bankruptcies, teaming arrangements, joint ventures, and subcontracting partnerships. Tom also regularly advises on small business issues, including mentor-protégé and joint venture agreements, size and status compliance, and size and status protests, as well as labor and employment issues unique to government contractors, including compliance with the Service Contract Act and the Davis-Bacon Act.

He counsels on compliance with cybersecurity requirements, including DFARS 252.204-7012, NIST SP 800-171, CMMC, cyber incident investigations and reporting, and U.S. Department of Justice investigations into cybersecurity compliance.

While in the Marine Corps, Tom served as a Sergeant in the Intelligence Support Battalion and deployed to Iraq with I Marine Expeditionary Force during Operation Iraqi Freedom, where he supported intelligence and civil affairs objectives. He continues to support military veterans through his active pro bono practice. His work includes helping veterans receive benefits and discharge upgrades and representing active duty servicemembers facing a variety of other legal challenges, including consumer and landlord-tenant disputes.

Focus Areas

Experience

Amentum Government Services in advising on the government contracts aspects related to its US$1.9 billion acquisition of PAE.
Converged Security Solutions in the acquisition of Solutions by Design II, an IT modernization and cybersecurity provider for the federal government.
American Securities and Lindsay Goldberg in connection with $2.4 billion acquisition of AECOM Management Services Business.
Borden Dairy Company on pre- and post-closing government contracting issues in connection with its contested chapter 11 cases and the 363 sale of substantially all of its assets in a transaction valued at approximately $340 million.
Wheels Up Partners in connection with its acquisition of Mountain Aviation.

Owl Cyber Defense Solutions in connection with the acquisition of Trident Assured Collaboration Systems.

Government contractors in advising on compliance with FAR 52.204-25 (Aug 2020), Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment, and successfully navigated disclosure, mitigation, and remediation process to allow client to retain government contracts and eligibility to do business with the U.S. Government.
Federal contractors in advising on the development of system security plans and programs of action and milestones that comply with National Institute of Standards and Technology ("NIST") information security requirements, including NIST Special Publication 800-171.

SpaceX in the successful defense of a US$2.9 billion NASA contract award to develop and demonstrate the new Human Landing System for the next moon landings against multiple, multi-prong protests at the U.S. Government Accountability Office and a follow-on protest at the Court of Federal Claims. Blue Origin Fed'n LLC v. United States, 157 Fed. Cl. 74 (2021); Blue Origin Fed'n LLC; Dynetics Inc.-A Leidos Co., B-419783. B-419783.2 et al., July 30, 2021, 2021 CPD ¶ 265.
HomeSafe Alliance in successfully challenging the award of a nearly US$20B contract for global household goods relocation services, flipping the award to HomeSafe during corrective action, and defending against multiple protests challenging the HomeSafe award. Connected Glob. Sols. LLC v. United States, 162 Fed. Cl. 720 (2022); American Roll-On Roll-Off Carrier Grp. Inc., B-418266.9 et al., Mar. 3, 2022, 2022 CPD ¶ 72; Connected Glob. Sols. LLC, B-418266.10 et al., Mar. 3, 2022, 2022 CPD ¶ 74; HomeSafe Alliance LLC, B-418266.5 et al., Oct. 21, 2020, 2020 CPD ¶ 350.
VMJR Companies, a construction project management company, in challenging a Small Business Administration (SBA) Office of Hearings and Appeals decision at the U.S. Court of Federal Claims, resulting in corrective action where SBA reversed its opinion and an adverse area office size determination. VMJR Cos. LLC v. United States, Case No. 23-90 (2023).
GardaWorld Federal Services, in the successful defense against an Army motion for summary judgment seeking to reduce payments on security contracts. Board held that the government had not demonstrated diminished value under the Inspection and Acceptance clause. Aegis Defense Serv. LLC d/b/a/ GardaWorld Defense Serv., ASBCA Nos. 62442, et al. (March 30, 2022).
Telos in securing a favorable settlement in a matter involving the government’s issuance of a unilateral rate determination that challenged two underlying cost accounting practices. Telos Corp., ASBCA No. 62950 (Dec. 16, 2021).

Telos in securing a judgment in favor of Telos involving the government's refusal to reimburse upward adjustments arising from finalized indirect rates on an Air Force contract under government theories of Limitation of Cost and Limitation of Funds clause. Telos Corp., ASBCA No. 62600 (March 3, 2021).
GardaWorld Federal Services in the successful defense of a bid protest brought by SOC LLC involving an award of a US$58M Department of State contract to provide security services at the U.S. Embassy in Bangui, Central African Republic. SOC LLC, B-418487.2, .3, Feb. 4, 2021, 2021 CPD ¶ ___.
Ohio KePRO in two sustained protests challenging Centers for Medicare and Medicaid Services procurement. B-417836, B-417836.2, 2020 CPD ¶ 47; B-417836.4, et al., Nov. 4, 2020, ___ ¶ ___.
Student debt collection contractor in sustained protest challenging Department of Education procurement valued at nearly US$3 billion.
Defense contractor in bid protest, resulting in favorable outcome prediction alternative dispute resolution.
Booz Allen Hamilton in successful resolution of a government claim for adjustment of fee with the full withdrawal of the government claim. Booz Allen Hamilton, ASBCA No. 62570 (Jul. 23, 2020).
Medical device company in bid protest intervention at Court of Federal Claims, resulting in dismissal of all protest allegations.
Top 10 largest global energy company in suspension and debarment proceeding resulting in reinstatement.
University in Department of Justice investigation of potential violations of grants and associated regulations.

Perspectives

January 16, 2024

Ep. 3.01: Breaking Down the CMMC Proposed Rule

January 5, 2024

Department of Defense Issues CMMC 2.0 Proposed Rule

Advisory

January 5, 2024

Proposed CMMC Rule Would Strengthen Cyber Requirements but May Give Rise to FCA Exposure

Qui Notes: Unlocking the False Claims Act

December 20, 2023

Ep. 2.12: Hear Our Predictions for 2024!

Bona Fide Needs

November 30, 2023

Ep. 2.11: What Does Ultima Services Mean for Your Small Business?

Bona Fide Needs

More

Recognition

Best Lawyers

"Ones to Watch" — Commercial Litigation (D.C.) (2021-2024)

Credentials

Education

J.D., American University, Washington College of Law, 2016, summa cum laude, Order of the Coif
B.A., Political Science, Virginia Polytechnic & State University, 2011, cum laude

Admissions

District of Columbia
Virginia
U.S. Court of Federal Claims
U.S. Court of Appeals for the Federal Circuit

Government & Military Service

U.S. Marine Corps