Terrence O’Connor works with government contractors as well as contracting officers, contract specialists, and CORs/COTRs. Terry understands the government contract environment. He uses this experience and his comprehensive working knowledge of the FAR and government contract law to help grow his client’s revenue from government contracts and task orders.

Background

Terry got his start in government contracts as a federal government attorney and wrote government contracts and advised government employees on a wide range of procurement issues.

After leaving government service, he entered private practice and began advising government contractors on procurement issues. Over his lengthy career, Terry has practiced before the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, and the various Boards of Contract Appeals. He has also prosecuted government contract protests before the Government Accountability Office (GAO) and the U.S. Court of Federal Claims (CFC).

While in private practice, he also continued to work with contracting officers and government procurement professionals as a government contracts instructor for Management Concepts, Inc. Since 1984, Terry has been regularly teaching government contracts law to contracting officers, contract specialists and other government procurement professionals. These courses include the FAR, Construction Contracting, Construction Claims, Contract Claims, Federal Contract Law, Federal Leasing Law, Advanced Federal Contract Law, Negotiation Techniques, and Procurement Ethics.

Recent Representative Matters

(DISCLAIMER: THERE ARE A VARIETY OF FACTORS UNIQUE TO EACH CASE, AND THE CASE RESULTS STATED BELOW DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY TERRY O’CONNOR OR BERENZWEIG LEONARD)

  • Successfully negotiated a $9 million termination for convenience settlement with a government agency under FAR Part 49, Termination of Contracts.
  • Successfully used FAR Part 45, Government Property, to enable client to keep after the end of contract performance equipment bought with government funds.
  • Successfully assisted contractor proposed for debarment by GSA under FAR Part 9, Contractor Qualifications, in preparing a corrective action plan that led to the government withdrawing proposed debarment allowing company to continue to operate.
  • Successfully prosecuted contractor’s claim against the U.S. Department of State for damages and attorney’s fees before the Armed Services Board of Contract Appeals.
  • Represented intervenor contract awardee in GAO bid protest of General Services Administration’s award of Blanket Purchase Agreements supporting new Enterprise Data/Information Management environments; successfully defended award against multiple protest allegations. Cyberdata Techs., Inc.,B-411070.3, B-411070.2, B-411070, 2015 CPD 150 (May 1, 2015).
  • Represented intervenor contract awardee in bid protest by incumbent contractor of $108 million Transportation Security Administration award of a Screening Partnership Program at Kansas City International Airport before the U.S. Court of Federal Claims; successfully defended award against multiple protest allegations. FirstLine Transp. Sec., Inc. v. United States, 119 Fed. Cl. 116, (2014), appeal dismissed(2015).
  • Represented contractor in breach of contract claim against the Department of Defense alleging wrongful termination for convenience of its contract to provide security services to support the Task Force for Business and Stability Operations in Iraq; successfully defended against Government’s motion to dismiss and motion for summary judgment on wrongful termination claim, ultimately leading to a positive resolution of the dispute. TigerSwan, Inc. v. United States, 110 Fed. Cl. 336 (2013); TigerSwan, Inc. v. United States, 118 Fed. Cl. 447 (2014).
  • Represented joint venture member in dispute regarding its wrongful termination from joint venture and the improper solicitation of its employees and contractors by teaming partner; secured preliminary injunction enjoining wrongful termination from joint venture and the improper solicitation and/or hiring of client’s employees or contractors by teaming partner. Intercom Federal Systems Corporation v. Technical and Management Resources, Inc., et al., Case No. 2013-17672 (Va. Cir. Ct. 2014).
  • Represented incumbent contract awardee in bid protest of a $1.65 billion United States Marshals Services award of eleven separate contracts to provide court security officers for eleven judicial circuits before the GAO; successfully defended contract awards against multiple protest allegations. Inter-Con Sec. Sys., Inc., B-403538.9, B-403538.8, 2012 CPD 245 (Jan. 10, 2012).
  • Represented multiple clients in bid protests that have resulted in positive outcomes without a written decision, such as matters in which the agency has voluntarily taken corrective action.
  • Conducted internal investigation for staffing services contractor regarding alleged Service Contract Act violations and represented client’s interests with the Department of Labor.
  • Conducted internal investigation for management, professional and technology consulting services contractor relating to the Service Contract Act and advised client executive leadership regarding remedial actions.
  • Represented contractor employee proposed for debarment by the Air Force based on allegations by a former co-worker that she had provided and/or concealed improper gifts and meals to government personnel; filed legal memoranda and conducted discussions with the government’s debarring office; government terminated and withdrew the proposed debarment prior to the scheduled hearing with the debarring office.

Publications and Presentations

Books: 

  • Understanding Government Contract Law, 2006
  • Understanding Government Contract Law, 2nd ed. 2018
  • Federal Procurement Ethics, Rev. ed. 2009
  • Federal Leasing Step-By-Step, 2003
  • Government Manager’s Guide to Government Contracts, 2014
  • Federal Contracting Answer Book, Co-Author, 3rd. ed. 2013 

Periodicals: 

  • “What Contractors Can Do When the Government Makes Options Mistakes,” Law360, September 5, 2018
  • “Managing Risks from the Increasing Threats of Joint Employment,” The Contractor’s Compass, American Subcontractors Association, October 2015.
  • “Thinking Seriously About Profit on Equitable Adjustments – A Q&A,” Contract Management, National Contract Management Association (NCMA), October 2015
  • “Vague Deadline For Pre-Award Protests Has Silver Lining,” Law360, August 27, 2014
  • “When Contractor’s Boilerplate Trumps Government Contract Terms,” Law360, June 23, 2014

Webinars: 

  • “5 Rules for Using a Debriefing of a Failed Bid to Win Future Bids,” American Law Institute-American Bar Association, November 17, 2010
  • “How Much Profit is Fair for a Contract Change,” National Contract Management Association (NCMA) 2016

Presentations

  • “Cyber Basics FAR DFARS and the Looming Surprise from the EU GDPR,” National Contract Management Association (NCMA) World Congress (July 2018)
  • “Preparing Your Business to Comply with New Cybersecurity Requirements,” (March 2018)
  • “The New FAR Clause on Basic Safeguarding Contractor Systems-FAR 52.204-21,” National Contract Management Association (NCMA) World Congress (July 2017)
  • “The United States Experience on Cost-Effective Contract Performance,” Kiev, Ukraine Conference sponsored by the U.S. Department of Commerce (May 2017)
  • “The New FAR Cyber Rules,” 2017 Joint Engineer Training Conference & Expo, Society of American Military Engineers (SAME) (May 2017)
  • “Effective Strategies for Debriefings and Protests,” Berenzweig Leonard and Red Team Consulting (March 2017)
  • “Effective Debriefings,” Woodlawn (MD) Chapter, National Contract Management Association (NCMA) (February 2017)
  • “International Best Practices – Role of the Judiciary in Federal Government Procurement in the United States,” Kiev, Ukraine Conference sponsored by the U.S. Department of Commerce (January 2017)
  • “Training of Federal Government Procurement Personnel in the United States,” Kiev, Ukraine Conference sponsored by the U.S. Department of Commerce (January 2017)
  • “Tips for Giving, Getting Good Information at Debriefings,” FederalNewsRadio.com (January 26, 2107)
  • “Trends and Changes in Labor, Employment, and Cybersecurity: Compliance Issues for Government Contractors,” (Moderator) Berenzweig Leonard (December 2016)
  • “Contractor Questions Arise Over Equitable Adjustment” – FederalNewsRadio.com (October 26, 2016)
  • “Disconnects Exist Over Task Order Process,” FederalNewsRadio.com (October 2016)
  • “Cost-Effectively Managing Government Contracts,” SmartCEO GovStar Roundtable (October 2016)
  • “Effective Debriefings,” Johnstown, PA Chapter, National Contract Management Association (NCMA) (October 2016)
  • “Ethics: Victim of Outsourced Government?” District of Columbia Government Board of Ethics and Government Accountability (October 2016)
  • “How New Rules Can Impact Contract Solicitations,” FederalNewsRadio.com (August 2016)
  • “The Only Smart Uses of a Debriefing,”National Contract Management Association (NCMA) World Congress (July 2016)
  • “Senate Bill Would Change Federal Grant Spending,” FederalNewsRadio.com (June 2016)
  • “Separating Fact from Falsehood in Government Contracting,” FederalNewsRadio.com (June 2016)
  • “Trends and Opportunities in Government Contracting,” Smart CEO Roundtable (December 2015)
  • “The ONLY Smart Use of a Debriefing,” National Procurement Technical Assistance Centers Conference  (October 2015)
  • “Federal Contractors Work for Two Employers,” FederalNewsRadio.com (August 2015)
  • “Determining Fair Profit on Equitable Adjustments,” National Contract Management Association (NCMA) World Congress (July 2015)
  • “The Top 11 FAR Provisions You Need to Know,” National Veterans Small Business Conference (2014)
  • “Avoiding Proposal and Debriefing Errors,” National Contract Management Association (NCMA) World Congress (July 2014)
  • “Corporate Update: Recent Business Law Decisions & Agency Trends,”  National Contract Management Association (NCMA) World Congress (July 2014)
  • “The Top 11 FAR Provisions You Need to Know,” National Veterans Small Business Conference (2013)
  • “The Keys to an Effective Debriefing,” National Veterans Small Business Conference (2013)
  • “The Wisdom of Boilerplate,” National Procurement Technical Assistance Centers Conference (October 2013)
  • “FAR Provisions You Need to Know,” Niagara County (NY PTAC (October 2013)
  • “Avoiding Proposal and Debriefing Errors,” National Contract Management Association (NCMA) World Congress (July 2013)
  • “The Top 11 FAR Provisions Every Contractor MUST Know,” National Procurement Technical Assistance Centers Conference (Spring 2013)
  • “Avoiding Proposal and Debriefing Errors,” National Contract Management Association (NCMA) World Congress (July 2012)
  • “2012 Legal Year-In-Review,” National Contract Management Association (NCMA) World Congress (July 2012)
  • “2011 Legal Year-In-Review,” National Contract Management Association (NCMA) World Congress (July 2012)
  • “The Top 11 FAR Provisions You Need to Know,” National Veterans Small Business Conference (2012)
  • “Keys to an Effective Debriefing,”National Veterans Small Business Conference (2012)
  • “2012 Legal Update,” National Veterans Small Business Conference (2012)
  • “Five Rules for an Effective Debriefing,” National Contract Management Association (NCMA) Winter Education Conference (January 2012)
  • “Effective Debriefings,” Cattaraugus County, NY Procurement Technical Assistance Centers (January 2012)
  • “Government Contract Law,” Las Vegas NCMA Chapter (January 2012)
  • “Avoiding Proposal and Debriefing Errors,” National Contract Management Association (NCMA) World Congress (July 2011)
  • FAR Boot Camp, VETForce (March 2011)
  • “Effective Debriefings,” Cattaraugus County, NY Procurement Technical Assistance Centers (October 2010)
  • “2010 Legal Year-In-Review,” National Contract Management Association (NCMA) World Congress (July 2010)
  • “2009 Legal Year-In-Review,” National Contract Management Association (NCMA) World Congress (July 2009)
  • “2008 Legal Year-In-Review,” National Contract Management Association (NCMA) World Congress (July 2008)
  • “The Pros and Cons of Government Contract Protests and Claims,” Arlington County (VA) Bar Association (June 2007)

Professional Memberships 

  • Virginia State Bar
  • District of Columbia Bar
  • Federal Circuit Bar Association
  • Court of Federal Claims Bar Association
  • Board of Contract Appeals Bar Association
  • National Contract Management Association