Sam Finnerty represents clients in a wide range of government contracting and litigation matters. His experience includes representing federal contractors in bid protests before the Government Accountability Office and the Court of Federal Claims, in size and status protests before the Small Business Administration, and in appeals before the Boards of Contract Appeals. Mr. Finnerty also counsels clients on claims, requests for equitable adjustment, government contracts disputes, and business torts. In addition, he advises clients on matters of regulatory compliance arising under the Federal Acquisition Regulation and SBA regulations, including affiliation mitigation and avoidance and maintaining size and socio-economic status.

Prior to joining PilieroMazza, Mr. Finnerty was an associate at a litigation firm in Washington, D.C., where he focused his practice on civil matters including contractual disputes. He represented clients in state and federal courts as well as in arbitration and mediation. Mr. Finnerty also has experience providing policy recommendations to non-governmental entities.
 

Education

  • George Mason University School of Law, J.D., 2014
  • Saint Joseph’s University, B.S.B.A, 2011

Admissions

Representative Experience

Government Contracts:
  • Litigates bid protests before federal agencies, the Government Accountability Office, and the U.S. Court of Federal Claims
  • Pursues and defends both size and status protests before the Small Business Administration and its Office of Hearings and Appeals
  • Prosecutes contractor claims under the Contract Disputes Act at the U.S. Court of Federal Claims and at the Boards of Contract Appeals
  • Prepares claims and requests for equitable adjustment
Small Business Programs & Advisory Services:
  • Assists in the formation of mentor-protégé relationships, joint ventures, teaming agreements, and subcontracts
  • Counsels growing businesses on how to maintain small business status
  • Advises small businesses on effective affiliation mitigation and avoidance strategies
Litigation:
  • Represents large corporations and small businesses in state and federal courts, arbitration, mediation, and before administrative bodies in labor and employment, appellate, corporate, and general litigation matters
  • Drafts briefs in federal and state court at the trial and appellate level

Representative Cases

  • Successfully protested U.S. Air Force award where the awardee’s proposal failed to meet the material requirements of the solicitation. See CR/ZWS LLC, B-414766.2 (Sept. 13, 2017)
  • Successfully protested U.S. Army award where the agency failed to conduct meaningful discussions and its best value tradeoff decision was not reasonably based. See Mevacon-Nasco JV, B-414329 (May 11, 2017)
  • Successfully protested Historically Underutilized Business Zone status of a joint venture awardee
  • Successfully argued and won a motion to dismiss in the Circuit Court for Prince George’s County, Maryland on behalf of a government contractor that had been sued by a former employee for breach of contract, intentional and negligent infliction of emotional distress, wrongful termination, and violation of civil rights
  • Won a judgment in favor of a government contractor that had been sued by a former teaming partner for breach of contract and unjust enrichment wherein the American Arbitration Association held that the teaming agreement was unenforceable and unjust enrichment was not available
  • Prosecuted an ASBCA appeal for a government contractor that resulted in a conversion of the contractor’s termination for default to a termination for convenience and increased CPARS ratings
  • Obtained a temporary restraining order, preliminary injunction, and favorable settlement on behalf of a government contractor in a misappropriation of trade secrets case
  • Successfully defended a Maryland corporation in an appeal for unemployment benefits before the Maryland Department of Labor, Licensing and Regulation
  • Obtained corrective action in numerous bid protests at the Government Accountability Office and the U.S. Court of Federal Claims that resulted in a new competitive range determination, solicitation revision, request for revised proposals, and/or award cancellation
  • Successfully defended multiple requests for emergency equitable relief before the American Arbitration Association
  • Successfully appealed the Small Business Administration’s decision to deny a government contractor entry into the 8(a) Business Development Program

Speaking Engagements

  • Trainer, "Past Performance: How to Use Yours, Benefit From Others’, and Defend it From Attacks," VA PTAC, Apr. 17, 2019 (with Cy Alba)
  • Webinar Presenter, "SBA Proposes Significant Changes to Small Business Procurement: Will You Be Impacted?" Jan. 16, 2019, also Veteran Institute for Procurement, Feb. 21, 2019, (with Tony Franco)
  • Trainer, "Becoming 8(a) Certified," Veterans Business Outreach Center at Community Business Partnership, Aug. 20, 2018
  • Presenter, "Small Business Affiliation - What it Means for Federal Contractors," Northern Virginia Procurement Technical Assistance Program, Mar. 13, 2017 (with Julia Di Vito)
Please fill following information to download presentation