Keith Feigenbaum counsels and represents large and small clients in government contracts and national security matters, including compliance counseling, cybersecurity, bid protests, investigations, claims and disputes, export controls, and other issues impacting government contractors and federal grantees. (Click the More button below for a detailed capabilities list.)
Prior to joining the firm, Keith served in several capacities with the U.S. Department of Defense, Defense Logistics Agency (DLA) Troop Support, Office of General Counsel, and the U.S. Army Judge Advocate General’s (JAG) Corps. On active duty in the Army, Keith served as a contract and fiscal law counsel for the procurement of services and supplies throughout the U.S. Central Command (CENTCOM) area of operations and as a trial counsel for U.S. Army NATO units throughout Europe. As an Army Reservist, Keith is a lieutenant colonel and serves as an adjunct professor of government contract and fiscal law at the U.S. Army JAG Legal Center and School in Charlottesville, Virginia, and previously served as the legal advisor to the Army Reserve’s cyber protection brigade.
- Government Contracts Counseling and Compliance: Contract formation, contract administration, subcontracting, government audits and investigations, cybersecurity/information security, industrial security/classified contracting, cost accounting, procurement fraud (suspension and debarment), Foreign Corrupt Practices Act (FCPA), Freedom of Information Act (FOIA) intellectual property and data protection rights, capital markets transactions, mergers and acquisitions, assignment and novation, regulatory issues, foreign military sales and more.
- Government Contracts Claims and Litigation: Contract claims and appeals, suspension and debarment, obtaining contract payment, non-appropriated fund activities, requests for equitable adjustment (REA), contract modifications and extensions, regulatory compliance, research and development agreements, indefinite delivery—indefinite quantity (IDIQ) award and order issues, engineering and procurement agreements, basic ordering agreement issues (BOA), false claims, security cooperation, changes in work or scope, grants, cooperative agreements and subcontractor claims.
- Cybersecurity and Information Security Counseling and Compliance: Cybersecurity Maturity Model Certification (CMMC), Federal Information Security Modernization Act (FISMA), the National Institute of Standards and Technology (NIST), Federal Information Processing Standards (FIPS) and Special Publications.
- Bid Protests: Requests for proposals, requests for quotations, past performance evaluations, solicitation ambiguities, cost/price evaluations, meaningful discussions, technical evaluations, sole source determinations, Competition in Contracting Act (CICA) performance stays and overrides, organizational conflicts of interest and unduly restrictive statements of work.
- International Trade: Export controls (EAR and ITAR), trade and economic sanctions (OFAC), anti-boycott controls, licensing, enforcement actions and governmental audits, internal investigations and compliance audits, disclosures, classification, encryption, compliance due diligence in mergers and acquisitions and other cross-border transactions, and on the design, implementation, and administration of compliance programs.
- Procurement and Appropriations Law: Antideficiency Act, government appropriations, national defense authorization acts, public private partnerships, Economy Act transactions, property disposition and transfer, federal funding types and sources, funding limits, continuing resolutions and the use of appropriated/non-appropriated funds.
Perspectives
Credentials
Education
- LL.M., Villanova University School of Law, 2014
- J.D., Widener University, Delaware Law School, 2006, Dean's List
- B.A., Journalism and French, James Madison University, 2001
Admissions
- Delaware
- New Jersey
- Pennsylvania
- U.S. Court of Federal Claims
Government & Military Service
- U.S. Army Reserve, Army Judge Advocate General’s Legal Center & School, Vice Chair/Adjunct Professor of Contract & Fiscal Law/Army Lieutenant Colonel, February 2022 to Present
- U.S. Army Reserve, 153rd Legal Operations Detachment, National Security Law Team Chief/Army Lieutenant Colonel, February 2020–February 2022
- U.S. Army Reserve, Army Reserve Cyber Protection Brigade, Legal and Ethics Advisor/Army Major, December 2016–January 2020
- U.S. Department of Defense, Defense Logistics Agency, Office of Counsel, Senior Trial Counsel, July 2016–October 2018; Senior Procurement Fraud Counsel, July 2014–June 2016; Trial Counsel, June 2013–June 2014; Acquisition Counsel, April 2011–May 2013
- U.S. Army Reserve, Army Judge Advocate General’s Legal Center & School, Adjunct Professor of Contract & Fiscal Law/Army Major, July 2014–November 2016
- U.S. Army Reserve, 16th Legal Operations Detachment, Senior Defense Counsel/Army Major, June 2011–June 2014
- U.S. Army, 3rd Army/Army Central, Contract and Fiscal Law Attorney/Army Captain, June 2010–April 2011
- U.S. Army, 21st Theater Sustainment Command, Trial Counsel/Army Captain, September 2008–May 2010; Chief of Client Services/Army Captain, August 2007–August 2008