Patrick Rothwell's advises clients on a wide array of government contracting matters, including representing clients in protests, appeals, and claims before the GAO, U.S. Court of Federal Claims, U.S. District Court, ASBCA, CBCA, and the SBA's Office of Hearings and Appeals. In addition, he assists clients in investigations related to government contracting, including suspension/debarment proceedings and similar investigations that impact the ability of clients to do business with the federal government.
 
Mr. Rothwell also advises clients through in shepherding clients through many small business contracting programs, including the SBA's 8(a), HUBZone, SDVO SBC, and its 8(a) and All Small Mentor-Protégé programs. He also provides advice with regard to Indian and ANC-related contracting issues, including, sovereign immunity issues, 8(a) eligibility, set asides under the Buy Indian Act.
 
Mr. Rothwell also drafts and reviews teaming agreements, joint venture agreements, mentor/protégé agreements, consulting agreements, corporate formation and governance documents, and other corporate instruments for government contractors.
 
Prior to joining PilieroMazza, Mr. Rothwell was a Law Clerk for The Honorable Edward J. Damich, U.S. Court of Federal Claims, 2000-2002, 2005-2006, 2008-2009; and a Law Clerk for 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

Government Contracts Law:
  • Successfully pursuing and defending against bid protests before GAO and the Court of Federal Claims
  • Successfully representing federal contractors undergoing suspension and debarment actions or investigations by SBA and/or other federal agencies
  • Counsels clients on Indian tribal sovereign immunity
  • Counsels clients on joint venturing and mentor/protégé regulations for federal small business contracting programs 
  • Obtaining termination settlements with the Government on behalf of government contractors
Small Business Programs & Advisory Services:
  • Successfully obtaining size recertifications by SBA
  • Successfully pursuing and defending against numerous size and eligibility status protests and appeals before SBA Office of Hearings and Appeals
  • Advising clients on compliance with Small Business Regulations and the Federal Acquisition Regulation
  • Advising clients in obtaining or maintaining 8(a) certification
  • Defends HUBZone contractors in HUBZone eligibility protests
  • Assists small businesses in obtaining size recertifications by SBA
Business & Corporate Law:
  • Assists with formation of joint ventures, mentor/protégé relationships, and teaming arrangements
  • Reviews and prepares joint venture agreements, corporate formation and governance documents, mentor/protégé agreements, teaming agreements, and consulting agreements
  • Advises federal contractors on corporate restructuring
  • Assists with the novation of federal contracts

Representative Cases

  • Successfully protested the award of a contract to a vendor where the agency did not have a reasonable basis for concluding that the differences between the quotation of the awardee and the protestor were negligible. See Protection Strategies, Inc., B-414648.2, B-41464.3 (Nov. 20, 2017)
  • Represented contract awardee in a successfully defense of an 8(a) sole source award. See NTELX, Inc., B-413837 (Dec. 28, 2016).
  • 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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