Government Contracts

Mark D. Colley chairs the firm's government contracts practice group. His experience includes substantial bid protests, contract claims and disputes, federal court litigations, and government audits and investigations.

Mr. Colley regularly prosecutes and defends bid protests before the US Government Accountability Office, US Court of Federal Claims and Federal Aviation Administration, Office of Dispute Resolution for Acquisition (FAA/ODRA), involving a wide array of military and civilian agency procurements, including classified acquisitions, major weapons systems, sophisticated technology, professional services, and innovative products. He also handles federal district court suits to compel agency action consistent with statutory and regulatory obligations.

Mr. Colley counsels clients on compliance issues in the government contracting area, and conducts related internal investigations. He has handled numerous proceedings involving various enforcement authorities, including suspension and debarment matters.

In addition, Mr. Colley has substantial experience defending Federal False Claims Act actions, including qui tam proceedings. He has defended significant FCA actions involving GSA schedule contract pricing, allegedly defective product sales and MEDICARE claims, and was lead counsel in several lawsuits alleging underpayment of royalties owed for natural gas production from federal lands in which billions of dollars in damages were at stake.

Mr. Colley's litigation experience has included numerous commercial contract disputes, pricing controversies and multimillion dollar claims. These cases typically involve large, complex business matters, encompassing diverse subjects ranging from cataract surgery and genetic engineering to radio equipment and satellite communications.  This litigation work has included jury and judge trials in multiple federal district courts, arbitrations, and appellate proceedings in several circuits.

Mr. Colley is the chair of the ABA Section of Public Contract Law (press release).

Mr. Colley served as a law clerk to the Honorable John W. Kern of the DC Court of Appeals.

Government Contracts Representative Matters

• ITT Corporation, Electronic Systems, B-405564 (Nov. 28, 2011) (successful defense).
• Northrop Grumman Systems Corporation, B-406411 (May 25, 2012) (successful defense).
• Raytheon Company, B-404998 (July 25, 2011).
• United States of America ex rel. Armfield v. James P. Gills, et al., No. 8:07-CV-2374-T-27TBM (March 31, 2011) (summary judgment).
• United States of America and The District of Columbia ex rel. Bullard v. Motorola, Inc., No. 1:06-cv-02123 (RCL) (February 23, 2010) (Dismissal).
• Raytheon Intelligence and Information Systems, B-404346 (November 18, 2010) (corrective action).
• Columbus Technologies and Services, Inc., B-403043 (July 28, 2010) (corrective action); Earth Resources Technology, Inc., B-403043.2, B-403043.3, October 18, 2010,
• Raytheon, Inc. B-402112 (October 22, 2009) (corrective action).
• L-3 Services, Inc., B-400134.11, B-400134.12, September 3, 2009, 2009 CPD 171.
• L-3 Communications Integrated Systems, B-401164.4 (September 11, 2009) (corrective action).
• Raytheon Company, B-400942 (Jan. 14, 2009) (corrective action).
• Hanford Mission Support Company, LLC, B-400609 et al, (Dec. 29, 2008) (corrective action).
• Harris Corp., B-299864 et al., 2007 CPD ¶ 180 (Sept. 14, 2007).