Patrick Rothwell’s particular focus in government contracts is on litigation, including bid protests before the GAO, COFC, and ODRA, and size appeals before SBA’s Office of Hearings and Appeals. In addition, he assists clients in government contracts investigations, including suspension/debarment issues and similar investigations that impact the ability of clients to do business with the federal government.

Mr. Rothwell has experience in shepherding clients through various small business contracting programs, including the SBA’s 8(a) HUBZone, and Mentor-Protégé programs. He prepares teaming agreements, joint venture agreements and joint venture operating agreements, mentor-protégé agreements, and similar corporate instruments for government contractors.

Prior Experience

  • Law Clerk, The Honorable Edward J. Damich, U.S. Court of Federal Claims, 2000-2002, 2005-2006, 2008-2009
  • Law Clerk, The Honorable Mary Ellen Coster Williams, United States Court of Federal Claims, 2006-2008

Education

  • The Catholic University of America, Columbus School of Law, J.D., 2000
  • University of North Carolina at Chapel Hill, 1992

Admissions

Representative Experience

Litigation and bid protest experience:

  • Bid protest cases before the GAO as well as intervening in ongoing bid protest cases on behalf of government contract awardees
  • Bid protests and requests for injunctive relief before the COFC
  • Successful defense of a federal contractor against claims of violations of the False Claims Act and retaliation
  • Litigating certified claims at boards of contract appeals or the COFC

Small business programs experience:

  • Assists 8(a) applicants and participants in obtaining 8(a) certification or administering changes in 8(a) corporate structure and/or ownership
  • Assists small businesses in obtaining size recertifications by SBA 
  • Pursuit and defense of numerous size protests and size appeals before SBA’s Office of Hearings and Appeals
  • Represents federal contractors undergoing suspension and debarment actions or investigations by SBA and/or other federal agencies
  • Defends HUBZone contractors in HUBZone protests
  • Assists federal contractors in obtaining reconsideration of HUBZone certification denials
  • Assists small business federal contractors and 8(a) participants with novating federal contracts 
  • Obtaining termination settlements with the Government on behalf of government contractors.

Representative Cases

  • Represented contract awardee in a successful defense of an agency decision to override GAO automatic stay of performance of the contract pending the conclusion of a bid protest.  Charles F. Day & Assoc. v. United States, 120 Fed. Cl. 767 (2015)
  • Obtained a preliminary injunction of a sole-source bridge contract award.  See Cherokee Nation Techs., LLC v. United States, 116 Fed. Cl. 636 (2014)
  • Obtained a remand from OHA of a denial of an 8(a) application that was based upon an unsupported negative finding of social disadvantage. See Loyal Source Government Services, LLC, SBA No. BDP-434 (Jun. 22, 2012)
  • Successfully protested the size of an awardee of a government contract, including intervening in the awardee’s appeal of an adverse size determination before OHA. See RGB Group, Inc., SBA No. SIZ-5351 (May 7, 2012)
  • Successfully obtained a preliminary injunction enjoining award of a contract pending an appeal before OHA. See Metters Indus., Inc. v. United States, No. 13-116C, 2013 WL 751304 (Feb. 27, 2013)
  • Obtained injunctive relief at the Court of Federal Claims requiring re-evaluation of an offer in a large information technology procurement. See Standard Commc’ns. Inc. v. United States, 101 Fed. Cl. 723 (2011)

Publications

Blogs

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