Mark D. Colley's 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. 

Mr. Colley counsels clients on compliance issues in the government contracting area, and handles related internal investigations and contested matters, such as data rights disputes. He has conducted 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 contract performance, MEDICARE claims, and alleged underpayment of royalties for natural gas produced from federal lands.

Mr. Colley's litigation experience has included many 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 a past chair of the ABA Section of Public Contract Law (press release).

Experience

  • Northrop Grumman Systems Corporation, B-412278.7, B-412278.8 (October 4, 2017)(successful defense of DHS contract award to Raytheon in multiple protests alleging OCIs).
  • Active Network, LLC v. United States, 130 Fed. Cl. 421 (February 6, 2017)(successful defense of contract award to Booz Allen Hamilton in COFC and GAO protests).
  • Booz Allen Hamilton Inc., B-414747.2 (June 28, 2017)(GAO protest dismissed upon Army corrective action).
  • The Boeing Company; Bombardier, Inc., B-417706, B-414380.2 (Aug. 25, 2017) (successful defense of multiple challenges to USAF contract award to L3 Technologies).
  • CALIBRE Systems, Inc., B-414301.3 (September 20, 2017) (successful defense of VA contract awarded to Booz Allen Hamilton).
  • InSpace 21 LLC v. United States and Range Generation Next LLC, 128 Fed.Cl. 69 (August 4, 2016); InSpace 21 LLC, B-410852 (December 8, 2014)(successful defense of multiple protests regarding Air Force launch services contract).
  • Lockheed Martin Corporation, B-411365 (August 26, 2015)(successful GAO protest defending contract award to Raytheon Company for NORAD support services).
  • Booz Allen Hamilton, B-411951 (August 25, 2015)(agency took corrective action in response to task order protest).
  • Decisive Analytics Corporation, B-410950.2 (June 22, 2015)(successfully defended contract award to Booz Allen Hamilton).
  • US ex rel Parker v. Space Coast Medical Associates, LLP, 94 F.Supp.3d 1250 (M.D.Fl. 2015)(dismissal of False Claims Act action alleging fraudulent Medicare billing for radiology services).
  • United States ex rel. Tran v. Computer Sciences Corporation, et al., No. 1:11-CV-00852-KBJ (secured dismissal of FCA claims with no client liability).
  • Sotera Defense Solutions, Inc. v. The United States 118 Fed.Cl.237 (2014); Sotera Defense Solutions, Inc., B-408587 (March 20, 2014); Raytheon Company, B-408587.1 (August 21, 2013)(GAO protest led to contract award to Raytheon, successfully defended in subsequent GAO and COFC protests).
  • Motorola Solutions, Inc., B-409148; B-409148.2 (Jan. 28, 2014)(successful protest leading to contract award for Motorola).
  • Science Applications International Corporation, B-408307.2 (Jan. 27, 2014) (prevailed for intervenor Raytheon).
  • Northrop Grumman Systems Corporation, B-406411 (May 25, 2012) (successful defense).
  • ITT Corporation, Electronic Systems, B-405564 (Nov. 28, 2011) (successful defense).
  • Raytheon Company, B-404998 (July 25, 2011)(successful protest of contract award to competitor).
  • 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 in FCA action).
  • United States of America and The District of Columbia ex rel. Bullard v. Motorola, Inc., No. 1:06-cv-02123 (RCL) (February 23, 2010) (FCA case dismissal).
  • Raytheon Intelligence and Information Systems, B-404346 (November 18, 2010) (corrective action).
  • Columbus Technologies and Services, Inc., B-403043 (June 28, 2010) (corrective action); Earth Resources Technology, Inc., B-403043.2, B-403043.3 (October 18, 2010)(initial protest yielded corrective action and contract award for Columbus, which was successfully defended in subsequent protest).
  • Raytheon, Inc., B-402112 (October 22, 2009) (corrective action).
  • L-3 Services, Inc., B-400134.11, B-400134.12 (September 3, 2009)(successful GAO protest).
  • 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)(successful defense against protest challenge).

Perspectives

Deskbook on Internal Investigations, Corporate Compliance and White Collar Issues (2nd Edition)
PLI Practising Law Institute
After Escobar, When Will Government Knowledge + Payment = 'Not Material'? (pdf)
The Bloomberg BNA Daily Report for Executives
DoD Seeks to Curtail Use of Independent Research and Development
Arnold & Porter Advisory
Medicare Fraud Claims Fail When Courts Read the Rules Closely: U.S. ex rel. Parker v. Space Coast Medical Associates, L.L.P.
Arnold & Porter Advisory

Recognition

Washingtonian Magazine
"Top Lawyers" – Government Contracts (2013, 2015, 2017)
Best Lawyers
Commercial Litigation (2010-2018)
Litigation: Regulatory Enforcement – SEC, Telecom, Energy (2011-2018)
The Legal 500 US
"Leading Lawyer" – Government Contracts (2015-2017)
More

Credentials

Education
  • JD, University of Virginia School of Law, 1980
  • BA, College of William & Mary, 1977, high honors
Admissions
  • District of Columbia
  • Virginia
Clerkships
  • District of Columbia Court of Appeals, The Honorable John W. Kern
Activities
  • Past Chair, ABA Public Contract Law Section; Past Chair, Bid Protest Committee

  • Steering Committee Chair, Cambridge Forum on Government Procurement Law
  • Member, Boards of Contract Appeals Bar Association (BCABA)

  • Federal Circuit Bar Association, and American Bar Association's Litigation Section

  • For many years, Mr. Colley represented The Humane Society of the United States in matters related to wildlife protection, and has received multiple awards for this work.
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