Government Contracts

David P. Metzger is a member of the Government Contracts practice group. His practice concentrates on all aspects of federal government contracting law, including litigation, bid protests, claims, contract administration, intellectual property, and alternative dispute resolution issues.

He has prosecuted and defended a large number of bid protests before the Government Accountability Office (GAO), agencies, and the Court of Federal Claims. He has defended terminations for default and claims before the Boards of Contract Appeals, and handled appeals on behalf of small businesses before the Office of Hearings and Appeals (OHA) of the Small Business Administration (SBA).

Mr. Metzger has drafted and litigated teaming and joint venture agreements and handled matters involving a wide variety of statutes and regulations affecting government contracts, audits and investigations, appropriations, commercial items, cost and pricing, the Defense Base Act, employment, the Ethics in Government Act, flow-down clauses, compliance, employment, enhanced use leasing and privatization, Freedom of Information Act (FOIA) requests, US General Services Administration (GSA) Schedules and Government-Wide Acquisition Contracts (GWACs), intellectual property and technical data rights, licensing, classified programs, novations, organizational conflicts of interest, past performance, professional services, research consortia, security clearances, Small Business Innovation Research (SBIR) and other small business programs, state and local procurements, suspension and debarment, technology transfer, trade secrets, and other issues. Mr. Metzger has defended cost and pricing and executive compensation disputes with the Defense Contract Audit Agency (DCAA), dealt with Inspectors General, and resolved allegations of fraud and wrongdoing before the US Department of Justice.

Prior to entering private practice, Mr. Metzger served for four years on Capitol Hill as an Administrative Assistant to a US Representative and as Staff Director to the House Subcommittee on Energy, Environment, Safety and Research.  He served for four years as Director for Innovation and Procurement Policy at the US Small Business Administration.

Government Contracts Representative Matters

• 21st Century Systems, Inc., et al. v. Perot Systems Government Services, Inc., 726 S.E.2d 236 (2012)--Successfully appealed jury verdict on goodwill damages to the Virginia Supreme Court, reversing a large award against our client
• Digital Management, Inc.--Successfully appealed to the Office of Hearings & Appeals SBA's attempted removal of company from the 8(a) Program; after successful first round appeal of SBA's termination of the company, SBA withdrew its early graduation notice in a second appeal, allowing DMI to complete its full Program term
• LMT--Successfully appealed SBA's adverse size decision and attempt to remove company from the 8(a) Program; after two years, SBA withdrew its early graduation notice, rendering the appeal moot, allowing LMT to complete its full Program term
• Marinette Marine Corp., B-400697, B-400697.2, B-400697.3, Jan. 12, 2009, 2009 CPD ¶ 16 and Marinette Marine Corp. v. United States, Case No. 09-82-C—GAO and Court of Federal Claims Protest
• Contingency Management Group, LLC: IAP Worldwide Services, Inc.—One of three awardees that retained the award after protest of a US$150 billion procurement
• Professional and Scientific Associates—Successfully protested award to a competitor before the GAO; agency offered corrective relief
• Chesapeake Sciences Corporation—Protested a Navy procurement for production of Towed Arrays; Agency offered to re-evaluate offers and GAO dismissed the protest
• McKing Consulting Corporation—Defended an award under a BPA to client by Department of Health & Human Services under a Blanket Purchase Agreement delivery order; GAO dismissed the protest)
• Advantor—Protested procurement for security system for Fort Buchanan, PR; agency offered corrective relief and re-solicited
• EG&G Technical Services, Inc.—Protested the terms of the Department of Treasury procurement for general property forfeiture and seizures to GAO; obtained a significant subcontract for client with awardee
• DDL Omni Engineering, LLC—Protested the terms of a large, omnibus solicitation to GAO; Interior Department withdrew the solicitation in the face of the protest

• 21st Century Systems, Inc., et al. v. Perot Systems Government Services, Inc., 726 S.E.2d 236 (2012)--Successfully appealed jury verdict on goodwill damages to the Virginia Supreme Court, reversing a large award against our client
• R4 Integration, Inc., B-405104, July 2011, successful protest of an Air force contract regarding radio systems and antenna integration services for the C-130 aircraft; the Air Force offered corrective relief after comments were filed on the agency report.
• Digital Management, Inc., B-405462, August 2011, successful GAO protest of an award by the Navy on a Request for Quotations for information technology support services; the Navy offered immediate corrective relief upon receipt of the protest.
• Digital Management, Inc.-Successfully appealed to the Office of Hearings & Appeals SBA's attempted removal of company from the 8(a) Program; after successful first round appeal of SBA's termination of the company, SBA withdrew its early graduation notice in a second appeal, allowing DMI to complete its full Program term
• LMT-Successfully appealed SBA's adverse size decision and attempt to remove company from the 8(a) Program; after two years, SBA withdrew its early graduation notice, rendering the appeal moot, allowing LMT to complete its full Program term.
• Marinette Marine Corp., B-400697, B-400697.2, B-400697.3, Jan. 12, 2009, 2009 CPD ¶ 16 and Marinette Marine Corp. v. United States, Case No. 09-82-C-GAO and Court of Federal Claims Protest
• Contingency Management Group, LLC: IAP Worldwide Services, Inc.-One of three awardees that retained the award after protest of a US$150 billion procurement
• Digital Management, Inc.-Successfully appealed and overturned the termination of a firm from the 8(a) program by SBA
• Professional and Scientific Associates-Successfully protested award to a competitor before the GAO; agency offered corrective relief
• Marinette Marine Corporation-Marinette Marine protested the US Coast Guard's award for design and construction of the FRC-B cutter
• Digital Management, Inc.-Successfully appealed a decision of the SBA OHA to terminate client from the 8(a) Administration; OHA vacated the decision and remanded to SBA
• Eagle Group International, Inc.-Protested award of a US$500 million procurement; as a result of protest, Army awarded one of the multiple award contracts to client
• Chesapeake Sciences Corporation-Protested a Navy procurement for production of Towed Arrays; Agency offered to re-evaluate offers and GAO dismissed the protest
• Foresight Science & Technology-Defended an award by the National Science Foundation to client for technical assistance and commercialization planning for Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Phase I awardees
• McKing Consulting Corporation-Defended an award under a BPA to client by Department of Health & Human Services under a Blanket Purchase Agreement delivery order; GAO dismissed the protest)
• Advantor-Protested procurement for security system for Fort Buchanan, PR; agency offered corrective relief and re-solicited
• EG&G Technical Services, Inc.-Protested the terms of the Department of Treasury procurement for general property forfeiture and seizures to GAO; obtained a significant subcontract for client with awardee
• Reilly's Wholesale Produce, Inc.-Defended an award by the Defense Commissary Agency for fresh fruits and vegetables to client; GAO dismissed the protest
• DDL Omni Engineering, LLC-Protested the terms of a large, omnibus solicitation to GAO; Interior Department withdrew the solicitation in the face of the protest
• TPL, Inc.-Protested an award in excess of US$200 million and obtained agency corrective relief
• Delta Dental of California-Defended national TRICARE dental contract awardee in US$1.5 billion protest
• Alion Science and Technology Corporation-Settled and obtained corrective relief and direct award of contract for protester

Professional Activity

• Boards of Contract Appeals Bar Association (BCABA)

  • Chair, BCABA’s Executive Policy Forum
  • Past President

• Current chair, General Counsel's Committee of the Professional Services Council

• Member, Public Contact Law Section, American Bar Association

• Co-chair, Public Contract Law Section Special Committee on ADR, American Bar Association

• Member, Board of Directors of the Small Business Technology Coalition

• Member, Board of Directors, Linden Resources