Thomas A. Pettit

Tom Pettit represents government contractors across industry sectors facing a range of government contracting challenges, including litigation, transactions, cybersecurity compliance and investigations. He has a background in the defense/aerospace, intelligence and national security industries gained through his service in the US Marine Corps and prior employment with one of the ten largest government contractors and the Office of the General Counsel of a federally funded research and development center.

Mr. Pettit litigates protests, contract claims and prime-subcontractor disputes before the US Government Accountability Office, US Court of Federal Claims, US Court of Appeals for the Federal Circuit, the Boards of Contract Appeals, and other forums. He also represents buyers and sellers in complex corporate transactions, including mergers, acquisitions, bankruptcies, teaming arrangements, joint ventures, and subcontracting partnerships. Additionally, he advises clients on compliance with cybersecurity obligations, including the Cybersecurity Maturity Model Certification (CMMC), DFARS 252.204-7012, NIST SP 800-171, and DFARS 252.204-25, and represents clients in cyber incident investigations and reporting.

A US Marine Corps veteran of Operation Iraqi Freedom, Mr. Pettit maintains an active pro bono practice 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 in Virginia.

Experience

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 US 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.

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 $58M Department of State contract to provide security services at the US 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 $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

May 31, 2023

SBA Updates Its Regulations Governing the 8(a) Business Development Program

Advisory

May 16, 2023

NIST Issues Proposed Revision to Cybersecurity Controls and Requirements to Protect Information on Non-Federal Information Systems

Advisory

March 8, 2023

22nd Century Technologies, Inc. v. U.S.: The Federal Circuit Limits COFC Jurisdiction Over Size Protests In Connection With Task and Delivery Order Procurements (pdf)

The Government Contractor, Vol. 65, No. 9

February 15, 2023

22nd Century Technologies, Inc. v. United States: The Federal Circuit Limits the Court of Federal Claims’ Jurisdiction Over Size Protests in Connection With Task and Delivery Order Procurements

Advisory

December 7, 2022

SBA Creates The Veteran Small Business Certification Program

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Recognition

Best Lawyers

"Ones to Watch"—Commercial Litigation (2021–2023)

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

US Marine Corps

Experience

Perspectives

Recognition

Credentials

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