Cy Alba counsels clients in a broad range of government contracting matters before government agencies, and Federal courts which includes overall regulatory compliance with all of the SBA’s Small Business programs.  Mr. Alba represents small and mid-sized companies looking to structure compliant teaming, joint venture, and mentor-protégé agreements. He handles the prosecution and defense of small business size and status protests and appeals before the SBA and OHA, as well as bid protests before the GAO, COFC, and the U.S. Court of Appeals for the Federal Circuit.

Mr. Alba’s work for the firm’s federal contractor clients also includes preparation, negotiation, and prosecution of Contract Dispute Act claims, Requests for Equitable Adjustments, termination for convenience settlements, defense of suspensions and debarments, the preparation of Organizational Conflict of Interest (“OCI”) mitigation plans and counseling related to OCI issues, as well as FAR/DFARS Data Rights issues, IP licensing, copyright, and trademark issues.

Mr. Alba also counsels clients on certain ITAR compliance issues and the preparation of technical assistance agreements and/or manufacturing licensing agreements for the export of defense articles and data. He also assists clients with mergers and acquisitions, equity and corporate reorganizations, and general corporate strategy matters, as well as employment related issues and Service Contract Act matters.

Education

  • Columbus School of Law, Catholic University of America, J.D., 2004, cum laude
  • St. Joseph’s University, B.A., 2001

Admissions

Representative Experience

Size/Status protests, appeals, and certifications experience:

  • Overturned multiple determinations from the VA’s, Center for Veterans Enterprise, for  SDVOSB companies when told they failed to meet the regulatory requirements for certification
  • Successful defense against proposed decertifications from the SBA HUBZone program for multiple clients based upon alleged violations of the HUBZone rules and regulations
  • Successful Requests for Reconsideration and appeals of 8(a) application denials based upon findings ranging from identity of interest affiliation to alleged violations of the Newly Organized Concern Rule
  • Successful defense and prosecution of size protests and appeals involving issues ranging from standard affiliation due to alleged common ownership or control to more complicated issues involving GSA schedule set-asides, tribal affiliation exemptions, and the scope of economic dependence

Claims and negotiations experience:

  • Successfully negotiated a claim for bad faith termination for convenience due based upon improper motives of the contracting officer resulting in the payment of $300,000 to the client for costs incurred and lost profits on the terminated work
  • Successfully defended a claim from DCAA for approximately $500,000 based upon the DCAA's failure to demand repayment within the applicable statute of limitations timeframe
  • Successfully prosecuted a claim for removal of an improper and unfair CPARs, resulting in the immediate removal of the CPARs and all references or other indications of the existence of the CPAR stricken from all government records
  • Successfully prosecuted claims at the Boards of Contract Appeals and the Court of Federal Claims for losses due to the government's failure to adequately perform ecological impact assessments relating to timber sales
  • Successfully prosecuted and negotiated construction claims, including delays, differing site conditions, and government breaches of the duties to cooperate and not to hinder and the duty of good faith and fair dealing
  • Assists clients in the preparation and pursuit of claims and requests for equitable adjustment to a wide variety of federal agencies
  • Successful negotiation of a claim, and avoidance of a DCAA audit, resulting in immediate payment of $1.2 million to a contractor where a supervisory contracting officer attempted to cancel modifications increasing the value of the contract after determining that  the modification should have never been issued and after failing to pay the contractor based upon those modifications for over two years
  • Successful negotiation which resulted in resolution of a $1.2 million claim against a satellite communications contractor resulting in a no-cost termination for convenience
  • Successful negotiation of a settlement between the Federal Emergency Management Agency and a contractor regarding services provided after Hurricane Katrina. As a result of the negotiations the total withholding of funds was reduced from $1.3M to $500,000, which also resulted in an immediate payment of more than $800,000 to the small business joint venture

Suspensions and debarments experience:

  • Successfully defended two separate proposed debarment actions based upon alleged violations of SBA HUBZone rules and regulations
  • Successfully negotiated resolution to a proposed termination for default and debarment despite a 30% failure rate in the emergency detection items being delivered
  • Successfully defended a SDVOSB being debarred for alleged failures to comply with the program requirements after years of being in the program and winning multiple SDVOSB awards

Mergers and acquisitions and corporate restructuring experience:

  • Successful negotiation of a $100M sale of a staffing firm to a private equity company where small business compliance and avoiding recertification was paramount
  • Successful closure of a $50M sale of an aerial surveillance company to a foreign buyer, requiring the resolution of various problems relating to the International Traffic in Arms Regulations, Export Administration Regulations, Federal Aviation Administration's rules and regulations regarding the sale of aircraft registered in the United States
  • Successful closure of a $23M sale of an IT company with significant small business contracts where recertification had to be avoided
  • Successful closure of dozens of deals ranging from $150K to $5M where entire companies or assets were sold to include federal contracts and where compliance with SBA regulations was critical to the transaction
  • Created strategies, and executing strategies, for forming new entities to work in the federal sector while avoiding affiliation and recertification concerns with long-standing and ongoing companies working in the same or similar lines of business
     

Representative Cases

Size/Status protests, appeals, and certifications:

  • Successfully appealed the SBA’s determination that a small business prime contractor was affiliated with a large business based upon economic dependence in prior years where the facts and circumstances leading to a possible finding of economic dependence ceased to exist a month prior to the date the small business submitted its proposal. See OBXtek, Inc., SBA No. SIZ-5451 (2013)
  • Successfully appealed the SBA’s determination that a tribally owned entity was affiliated with it sister companies due to support it received from the tribally owned parent company. See Roundhouse PBN, LLC, SBA No. SIZ-5383 (2012)
  • Successfully defended multiple size protests and size appeals in cases regarding the applicability of the ostensible subcontractor rule to procurements for supplies (as opposed to services) which are subject to the nonmanufacturer rule. See Labatt Food Service, SBA No. SIZ-4851 (2007); M&S Foods LTD. Co., SBA No. SIZ-4971 (2008); M&S Foods LTD. Co., SBA No. SIZ-4988 (2008); Tulsa Fruit Company, Inc., SBA No. SIZ-5015 (2008); Hardie’s Fruit and Vegetable Co. South, LP, SBA No. SIZ-5058 (2009); Hardie’s Fruit and Vegetable Co. South, LP and Tulsa Fruit Company, Inc., SBA No. SIZ-5156 (2010); see also, Hardie’s Fruit and Vegetable Co. South, LP v. U.S., Docket No. 08-534C (2008) (order unpublished); Hardie’s Fruit and Vegetable Co. South, LP v. U.S., 329 Fed. Appx. 264 (Fed. Cir. 2009) (on appeal – case dismissed)
  • Successfully appealed an SBA finding of affiliation based upon common business relationships after a partial sale of a company. Such relationships included the existence of a security agreement that limited the ability for the small business buyer to divest itself of its assets without permission from the large business seller. See Size Appeal of Alex-Alternative Experts, SBA No. SIZ-4974 (Jul. 15, 2008)
  • Successfully appealed an adverse size determination, a decision with important precedential value for SBA mentor/protégé joint ventures. See Size Appeal SES-TECH Global Solutions, SBA No. SIZ-4951 (May 7, 2008)

Bid Protests:

  • Secured a preliminary injunction preventing The Bureau of Indian Affairs from moving forward with corrective action taken in response to a GAO protest filed by a competitor that included the award of an interim contract to that competitor. Due to the injunction the client received the award of the interim contract itself worth over $250,000 a month.  Cherokee Nation Technologies, LLC v. United States, 116 Fed. Cl. 636 (2014)
  • Secured a Temporary Restraining Order and Preliminary Injunction preventing the U.S. Army from awarding a contract to a competitor prior to a ruling from OHA on a size appeal. See Metters Indus., Inc. v. U.S., Docket No. 13-116C (Fed. Cl. 2013)
  • Successfully protested a $12 billion ID/IQ contract award on the basis that the Department of Veterans Affairs failed to adequately document its cost/technical trade-off determination. See Standard Communications v. U.S., 101 Fed. Cl. 723 (2011)
  • Successfully protested agency's failure to set $75 million task order aside for small businesses. See Delex Systems, Inc., B-400403 (Oct. 8, 2008)
  • Successfully protested to U.S. Court of Federal Claims a $50B General Services Administration multiple award Alliant procurement. See Serco, Inc., et al. v. United States, 81 Fed. Cl. 463 (2008)
  • Successful protested awards made pursuant to $630 million U.S. Army Corps of Engineers procurement in Doyon-American Mechanical, JV; NAJV, LLC, B 310003; B 310003.2 (Nov. 15, 2007)

Speaking Engagements

  • Webinar presenter, "Evolution of Whistleblowers" Jun. 28, 2017 (with Sarah Nash)
  • Speaker, "The Current Business Climate for Small Business," Association of Govern SBD Committee Meeting, Apr. 3, 2017
  • Presenter, "Navigating the FAR/DFARS: The Most Confusing and Little Known Clauses," Northern Virginia Procurement Technical Assistance Program, Feb. 23, 2016, Aug. 22, 2016, and Mar. 16, 2017. 
  • Webinar presenter, "Intellectual Property Issues for Government Contractors," Jun. 15, 2016 (with Kimi Murakami)
  • Presenter, "Small Business Affiliation - What it Means for Federal Contractors," Northern Virginia Procurement Technical Assistance Program, Apr. 13, 2016 (with Michelle Litteken)
  • Speaker, "The Current Business Climate for Small Business," Association of Government Contractors, SBD Committee Meeting, Apr. 3, 2017
  • Presenter, "Keys to a Successful Subcontracting Program," NCMA Subcontract Management Training Forum, Mar. 17, 2016 (with Jon Williams)
  • Webinar presenter, "SBA's New ITVAR Size Rule," SYNNEX GOVSolv Diversity Alliance, Mar. 10, 2016 (with Jon Williams)
  • Presenter, "Combating Trafficking in Persons (CTIPS): What Contractors Need to Know," Public Contracting Institute, Dec. 17, 2015 (with Nichole Atallah)
  • Panelist, "Contracts, Compliance, and Confusion: Addressing Cybersecurity in Third-Party Vendor Contracts," ALM CyberSecure, Dec. 16, 2015
  • Webinar presenter, "Organizational Conflicts of Interest," Sep. 16, 2015 (with Michelle Litteken)
  • Presenter, "Understanding SBA's Affiliation Rules," Procurement Technical Assistance Program at George Mason University, Sep. 26, 2014, Apr. 27, 2015, and Aug.25, 2015
  • Webinar presenter, "Requests for Equitable Adjustments and Claims," Jul.29, 2015 (with Jon Williams)
  • Webinar presenter, "Data Rights for Government Contractors," Jun. 30, 2015 (with Kimi Murakami)
  • Presenter, "Construction Claims and Pitfalls: General Claims/Requests for Equitable Adjustments (REAs)," Veteran Entrepreneur Training Symposium - VETS15, Jun. 11, 2015 (with Ret. Judge William Thomas)
  • Presenter, "The Ins and Outs of Joint Venture and Mentor-Protégé Agreements," Veteran Entrepreneur Training Symposium - VETS2015, Jun. 10, 2015 (with Katie Flood)
  • Presenter, "Legislative and Regulatory Update for Government Contractors," Veteran Entrepreneur Training Symposium - VETS2015, Jun. 9, 2015 (with Katie Flood)
  • Presenter, "Bid Protests," Maryland Procurement Technical Assistance Program, Jun. 1, 2015
  • Webinar presenter, "Living with LPTAs," Feb. 11, 2015 (with Mark Burroughs, Dixon Hughes Goodman)
  • Webinar presenter. "Novations and Contract Transfers," Nov. 4, 2014, (with Kimi Murakami)
  • Presenter, "How Affiliation Impacts Small Business Status," National Contract Management Association World Congress, Jul. 28, 2014 (with Jon Williams)
  • Presenter, "The New Rules: Changes That Every Small Business Contractor Needs to Know," Veteran Entrepreneur Training Symposium, VETS2014, Jun. 18, 2014 (with Pam Mazza)
  • Webinar presenter, "Considering the GSA Schedule? What You Need to Know," June 5, 2014 (with Courtney Fairchild, President and CEO of Global Solutions)
  • Presenter, “Multiple Award Contracts - SBA's Final Rule on Set-Asides: Changes that Every Small Business Contractor Needs to Know," Joint Breakfast Seminar with Aronson and SBA, Jan. 31, 2014 (with Kenneth Dodds, Hope Lane, Pamela Mazza, and Kathryn Flood)

Publications

Blogs

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