Andrew Belofsky has been litigating bid protests and contract claims cases since 2003. He has handled billions of dollars in client matters, has overseen the successful protest and award of federal, state, and local contracts to his clients and has been counsel in leading claims, protests, intellectual property litigations, cost accounting reviews, and labor and employment arbitration disputes. He is also the author or lead co-author of several published works and articles in the government contracting area.
Mr. Belofsky’s experience includes pre and post award bid protests, anti-corruption violations, security clearance filings and appeals, 8(a) Small Business Administration issues, including size protests, education and non-for-profit procurement regulations, complex contracting claims at the federal, state, and local levels, cost accounting standard reviews, assertions for intellectual property rights under federal procurement, federal labor and employment arbitrations, and merger and acquisition litigation, false claims act and qui tam law suits, FOCI mitigation plans, organizational conflicts of interest, due diligence and novation matters, Freedom of Information Act requests and counter-requests and Chapter 7 and 11 bankruptcy litigation, and factoring for financial institutions.
His clients have included, among many others, defense contractors, private equity firms, high-technology firms, including OEM manufacturers of hardware and software and cloud services, insurance companies, accounting and audit firms, officers of domestic and foreign companies, politicians, law firms, lawyers, and entrepreneurs.
Mr. Belofsky has published book chapters and articles on federal procurement procedures, alternative contractual vehicles including other type contracts under FAR Part 16, ethics and compliance matters including federal restrictions on gifts and gratuities, corporate governance, commercial intellectual property protections when contracting with the federal government, exemptions to disclosure under the Freedom of Information Act and guidance on rights of an employee acting as a whistle blower for the Department of Justice.
He has conducted training courses in person and on webinars on ethics, export controls, and anti-corruption compliance and participated on discussion panels hosted by the American Bar Association, Public Procurement Division and Young Lawyers Division to address questions regarding the complex bid protest process and appeals at the agency level, Government Accountability Office, and US Court of Federal Claims.
Representative Litigation Matters
Technology Hardware Company – Bid protest on Defense Information Systems Agency contract awards in excess of $100,000,000 to provide electromagnetic spectrum engineering services where the agency failed to reasonably consider the extent that organizational conflicts of interest impaired objectivity in performing the contract requirements.
Aeronautics Parts Manufacturer – Filed bid protest at the Government Accountability Office for eliminating client as supplier of manufactured door lock materials on an US Airforce contract in excess of $2,000,000,000 over ten years including option years to renew because the solicitation was too limiting in its requirements, thereby eliminating reasonable competition.
Technology Company – Filed agency-level bid protest under alternate federal procurement regulations against the Farm Credit Administration for contract award in excess of $10,000,000 to provide financial modeling software application to support pricing predictions for agricultural transportation.
Bio-technology Firm – Filed bid protest for several Task Orders in excess of $5,000,000.00 under US Army IDIQ contract for staffing athletic trainers to help train Army Corp personnel in high-stress environmental conditions.
Civilian Contractor – Filed pre-award bid protest at the US Court of Federal Claims against the Department of Education for failure to include the client within the competitive range of awardees despite providing the lowest cost-technically acceptable solution. The contract award was in excess of $50,000,000 over three years to provide educational administrative support services to public schools within the District of Columbia.
Defense Consulting Agency – False Claims Act litigation regarding violations of anti-kickback and bribery on Department of Defense contracts in excess of $60,000,000. Implemented the court decision and trained personnel on the policy including drafting updates to the ethics and compliance handbook and developed monitoring tools to support client compliance.
Modular Construction Corporation – False Claims Act and contract claims litigation on embassy build award in excess $80,000,000 by the Bureau of Overseas Building Operations within the Department of State.
Entrepreneur – Contract dispute and infringement claims at the Board of Contract Appeals and US Court of Federal Claims against the US Army for damages in excess of $800,000 due to misappropriation of a patented ruggedized portable hydration unit for OCONUS military operations.
Small Business – Filed bid protest against the District of Columbia for a tree-trimming contract valued in excess of $2,000,000 which was not awarded to incumbent client despite under bidding all competitors.
Value Added Reseller – Filed claim against General Services Administration for failure provide payments in excess of $500,000 in compliance with the Prompt Payment Act for shipping high-frequency radio units and deploying tier three support service personnel in military bases located in Arizona, California and Colorado.
Software Company – Filed an appeal with the Small Business Administration protesting that decision that the client was other than small and ineligible for supporting GWAC set aside Task Orders in excess of $21,000,000 over five years due to affiliation with a separate software company owned by the client’s spouse that was raised by competitors in a protest under the same contract award.
Services Provider – Filed a contract claim in excess of $300,000 due to a deemed denial of a request for equitable adjustment by the Department of Defense where the client was required by the COTR to complete phase two diagnostic assessment tests in phase one of the scope of work.
Technology Vendor – Filed a complaint against US Immigrations and Custom Enforcement in the US Court of Federal Claims to convert a termination for default to a termination for convenience where the agency claimed client provided non-performing hardware. Complaint filed argued that client did provide notice to the agency that due to the existing antiquated system used, the updated hardware ordered to specification may not operate as expected due to incompatibility.
Representative Arbitration Matters
Security Staffing Agency – Arbitration to dismiss wrongful termination action of federal unionized security guard on Department of Transportation detail and sought damages in back pay in excess of $120,000.
Construction Project – Arbitration regarding dismissal and pay-reduction of a non-exempt employee under the Federal Labor Relations Act performing high-level construction services on a publically-funded projects including a museum, section 8 housing, and public library.
Entrepreneur – Board of Contract Appeals fast-track arbitration to seek damages in excess of $1,000,000 against the US Airforce for willful disclosure of copyrighted software application to client’s competitors during transition of services pursuant to a notice of termination for convenience.
Small Business – Arbitration with the Small Business Administration on breach of loan terms for $15,000,000 for financing the acquisition and maintenance of dredging machines to bid on contracts issued by the Army Engineer Corps for the Ohio and Mississippi rivers.
Representative Counseling Matters
Hardware Development Company – Negotiated an approved General Services Administration EULA to support government business sales of next generation servers and ancillary components in excess of $100,000,000.00 over five years to support agencies including Department of Homeland Security, Defense Information Systems Agency and National Aeronautics and Space Administration.
Defense Contractor – Counseled client on acquisition of defense technology company and performed due diligence including novation of contracts portfolio in excess of $1,000,000,000 in order to avoid disruption of critical services to support US Navy satellite defense system.
Defense Contractor – Appealed clearance denial within Department of State regulations to issue an Israeli citizen requisite clearance to perform on federal contracts. Lead arguments in front of the regulatory body to grant individual clearances to perform work at the level of top secret by addressing and mitigating all FOCI concerns.
New York, New Jersey, Washington D.C., Virginia
Emory University Law School – JD
George Washington University Law Center – LLM
Awards & Accolades
Certificate of Excellence for Mediation/Alternative Dispute Resolution
Recipient of the Margaret C. Peabody Fellowship.
Recipient of the W. C. Rockefeller Grant
Legal Scholar Grant Recipient of the McKenna Long & Aldridge Government Contracts Award
Intellectual Property Award Scholarship