Samuel 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 (GAO) and the Court of Federal Claims (COFC), in size and status protests before the Small Business Administration (SBA), and in appeals before the Boards of Contract Appeals. Mr. Finnerty also counsels clients on claims, requests for equitable adjustment (REAs), government contract disputes, and business torts. In addition, he advises clients on matters of regulatory compliance arising under the Federal Acquisition Regulation (FAR) and SBA regulations, including implementing affiliation mitigation or avoidance plans, and maintaining size and socio-economic status.

In 2018 and 2019, Super Lawyers® recognized Mr. Finnerty as a “Rising Star” for his work with government contractors.  

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 (GAO), and the U.S. Court of Federal Claims (COFC)
  • Pursues and defends both size and socio-economic status protests before the U.S. Small Business Administration (SBA) and its Office of Hearings and Appeals (OHA)
  • Prosecutes government contractor claims under the Contract Disputes Act (CDA) at the COFC and the Boards of Contract Appeals (ASBCA and CBCA)
  • Negotiates requests for equitable adjustment and other payment and contract related disputes, including those pertaining to past performance evaluations (i.e., CPARS)
  • Prepares novation and change of name agreements to facilitate the transfer of government contracts
Small Business Programs & Advisory Services:
  • Drafts subcontracts and mentor-protégé, joint venture, and teaming agreements
  • Advises on compliance with the Federal Acquisition Regulation (FAR) and SBA regulations, including those pertaining to recertification and re-representation
  • Counsels growing government contractors on how to maintain small business size status and mitigate and avoid affiliation
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 all matter of pleadings 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 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 defended a favorable size determination against allegations of general and ostensible subcontractor affiliation. See Size Appeal of Inquiries, Inc., SBA No. SIZ-6008 (2019)
  • Successfully defended a favorable size determination where the appellant alleged, among other things, a violation of SBA’s joint venture regulations. See Size Appeal of Glob. Dynamics, LLC, SBA No. SIZ-6012 (2019)
  • Successfully appealed the SBA’s decision to deny a government contractor entry into its 8(a) Business Development Program. See Management Solutions, LLC, SBA No. BDPE-2017-09-07-09 (2017)
  • Successfully protested a government contract awardee’s Historically Underutilized Business Zone (HUBZone) status
  • 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 (AAA) held that the teaming agreement was unenforceable and unjust enrichment was not available
  • Prosecuted an appeal for a government contractor at the ASBCA that resulted in a conversion of the contractor’s termination for default to a termination for convenience and increased CPARS
  • Obtained a temporary restraining order, preliminary injunction, and favorable settlement on behalf of a government contractor in a misappropriation of trade secrets case
  • Obtained a preliminary injunction enjoining an individual and corporate defendant from competing with a government contractor on a federal procurement 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
  • Successfully defended multiple requests for emergency equitable relief before the AAA

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