Michelle E. Litteken

  • Counsel
  • Washington, DC
(202) 857-1000

Practice Areas

Michelle Litteken represents companies that provide products and services to the government at the federal level. Ms. Litteken has substantial experience assisting government contractors — from a wide range of industries — in bid protests at the Government Accountability Office (GAO) and the Court of Federal Claims (COFC), as well as in size and status protests at the Small Business Administration (SBA) and the Office of Hearings and Appeals (OHA). Clients benefit from Ms. Litteken’s deep understanding of the intricate laws and regulations governing government contracts, including preparing claims, requests for equitable adjustment (REA), and termination settlement proposals, in addition to prosecuting contractor claims under the Contract Disputes Act (CDA) at the COFC and at the Boards of Contract Appeals.

A strong advocate for the rights of government contractors, Ms. Litteken advises clients on teaming agreements and subcontracts related to public contracts, and she represents clients in disputes that arise out of those agreements. She also counsels clients on matters involving security clearances and regulatory compliance, including potential organizational conflicts of interest (OCI) and SBA's HUBZone, Woman-Owned, Service-Disabled Veteran Owned, and 8(a) programs.

Ms. Litteken actively participates in the government contracting legal community to stay abreast of developments in the law that may affect the government contractors. In that regard, she serves as Vice Chair of the American Bar Association’s Bid Protest Committee and Contract Claims & Disputes Resolution Committee. Prior to joining PilieroMazza, Ms. Litteken was a litigator at a global law firm, where her practice focused on representing Fortune 500 companies in matters involving government contracts. From 2012 to 2013, she clerked for Judge Mary Ellen Coster Williams at the United States Court of Federal Claims. While at the Court, Ms. Litteken worked on complex legal issues, including tax refund claims, bid protests, takings claims, and claims brought under the CDA.

Education

  • The George Washington University Law School, J.D., 2009, with honors
  • The George Washington University, MPP, 2009
  • University of Illinois, B.A., 2005, magna cum laude

Admissions

  • Virginia Bar
  • District of Columbia Bar
  • Washington Bar
  • U.S. Court of Federal Claims
  • Court of Appeals for the Federal Circuit

Representative Experience

Government contracts experience:
  • Litigates bid protests before the GAO, the COFC, and the Court of Appeals for the Federal Circuit
  • Advises on compliance with the FAR and Small Business Regulations
  • Prepares requests for equitable adjustment and claims
  • Pursues and defends both size and status protests before the SBA
  • Counsels and defends clients in investigations
  • Defends clients proposed for suspension and/or debarment from contracting with the federal government
  • Assists in the formation of joint ventures, teaming agreements, and subcontracts
Litigation experience:
  • Represents clients in Miller Act cases
  • Represents and defense clients in subcontract disputes in state court, federal court, and in arbitrations
  • Litigates appeals of Contract Disputes Act claims before the COFC, ASBCA, and CBCA

Representative Cases

Speaking Engagements

  • Webinar Presenter, "Category Management: What Every Contractor Needs to Know," Women Impacting Public Policy (WIPP), May 2, 2019
  • Moderator, "Effectively Using Experts in Government Contract Disputes," ABA Section of Public Contract Law, Contract Claims & Disputes Resolution Committee, Feb. 11, 2019
  • Webinar Presenter, "How Federal Contractors Can Survive During and After the Government Shutdown," Jan. 26, 2019 (with Nichole Atallah and Cy Alba)
  • Webinar Presenter, "Understanding OCI Mitigation Plans," Nov. 7, 2018 (with Tony Franco)
  • Trainer, "Do's and Don'ts for Teaming Agreements & Subcontracts," NORCAL PTAC, Jun. 27, 2018
  • Webinar Presenter, "Pre-Award Protests – An Underutilized Tool," Jun. 13, 2018 (with Timothy Valley)
  • Webinar Presenter, "Contract (Mis) Interpretation," Public Contracting Institute, May 3, 2018
  • Panelist, "From the Backstretch to the Finish Line and Contested Results – Bid Protests, ABA Section of Public Contract Law, Nov 3, 2017
  • Panelist, "E-Discovery," Federal Circuit Bar Association, Oct. 24, 2017
  • Webinar Presenter, "Common Claims Under Construction Contracts." Aug. 30, 2017 (with Jackie Unger)
  • Webinar Presenter, "The Best Defense Is a Good Offense – Proactive Preparation for Size Protests." Jul. 26, 2017 (with Tony Franco)
  • Trainer, "Becoming 8(a) Certified," Veterans Business Outreach Center at Community Business Partnership, Apr. 12, 2016 and May 22, 2017 (with Tim Valley)
  • Panelist, "ADR Nuts N Bolts" American Bar Association, April. 6, 2017
  • Presenter, "Maximizing Opportunities for Growth and Minimizing Risk: 
    Legal Strategies You Should Be Applying to Your Business," The National Association of Women in Construction, Greater Washington DC Chapter Meeting, Mar. 8, 2017 (With Nichole Atallah)
  • Moderator,  “GSA Acquisitions Forum,” Montgomery County Chamber of Commerce, GovConNet, Feb. 24, 2017
  • Webinar presenter, "Five Things All Veteran Owned Businesses Need to Know for 2017," Veteran Institute for Procurement, Jan. 26, 2017 (with Tony Franco)
  • Webinar presenter, “Organizational Conflicts of Interest and Post Government Employment Restrictions,” Dec. 14, 2016 (with Megan Connor)
  • Presenter, "Shape Your Bidding Strategy: Five Things Every Contractor Should Know for FY 2017," Society of Military Engineers, Small Business Conference, Nov. 17, 2016 (with Tony Franco)
  • Presenter, "Small Business Affiliation - What it Means for Federal Contractors," Northern Virginia Procurement Technical Assistance Program, Apr. 13, 2016 (with Cy Alba) and Oct. 18, 2016 (with Julia Di Vito)
  • Webinar presenter, "SBA's 8(a) Annual Reporting Requirements," Oct. 5, 2016 (with Tony Franco)
  • Webinar presenter, "Bid Protest Strategy: What Every Contractor Needs to Know," May 18, 2016 (with Jon Williams)
  • Webinar presenter, "Do's and Don'ts for Teaming Agreements & Subcontracts for 8(a) Contracts," Mar. 16 2016 (with Tony Franco)
  • Webinar, “Demystifying Security Clearances,” Dec. 2, 2015 (with Megan Connor)
  • Webinar, "Contract Terminations," Aug. 19, 2015 (with Jon Williams)

Publications

  • "Current Trends in Federal Procurement," PilieroMazza PLLC Legal Advisor, Third Quarter 2018 and Set-Aside Alert, Oct. 5, 2018 (with Peter Ford)
  • "Don't get lost filing and prosecuting CDA claims," Thomson Reuters' Westlaw Journal Government Contract, Mar. 12, 2018
  • "It's a New Year. Are You Still a Small Business?" PilieroMazza PLLC Legal Advisor, First Quarter 2017 
  • "Category Management: What Contractors Need to Know," PilieroMazza PLLC Legal Advisor, Third Quarter 2016 
  • "GWACs and MACs - Vital Tools for Small Business," Set-Aside Alert, Apr. 29, 2016 (with Alex Levine)
  • "The Importance of Intervening at OHA in Challenges to NAICS Codes," Set-Aside Alert, May 15, 2015
  • "Protest Allegations: Discussions With Offerors - Part I," Pratt's Government Contracting Law Report, Apr. 2015
  • “GAO Holds NASA Exceeded Its Discretion in Protest of FSS Task Order,” Pratt’s Government Contracting Law Report, Apr. 2015
  • “CICA Stay Overrides at the Court of Federal Claims: What Government Contractors Need to Know,” Public Contract Law Journal, Jul. 22, 2014
  • “False Claims Act – Counterclaims for Stolen Documents,” Bloomberg BNA Federal Contracts Report, Summer 2014 (with Marcia Madsen of Mayer Brown)
  • "'You Didn't Tell Me That!' When a Failure to Conduct Meaningful Talks Leads to a Successful Protest,” Procurement Lawyer, Jun. 5, 2014
  • “The Impact of FCA Enforcement on Federal Procurement Law and Other Nontraditional Areas — Time for a Change?” ABA 10th National Institute on the Civil False Claims Act and Qui Tam Enforcement, May 20, 2014
  • “Deja Review: The Standard of Review of GAO Decisions at the Federal Circuit and the Court of Federal Claims,” Bloomberg BNA, Apr. 30, 2014 (with Marcia Madsen and Cameron Hamrick of Mayer Brown)
  • Contributing Author, "State False Claims Acts: A Practitioner's Guide to the False Claims Laws of the Various States," American Bar Association, Section of Public Contract Law, 2014

Blogs

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