Marko W. Kipa

Marko W. Kipa is an associate in the Government Contracts and Regulated Industries Practice Group in the firm's Washington, D.C. office.

Areas of Practice

Mr. Kipa's professional experience focuses on government contracts, administrative law and litigation. He is cleared at the highest levels and frequently handles classified matters related to national security.

Mr. Kipa regularly represents clients before government agencies, the Government Accountability Office, and the United States Court of Federal Claims. Mr. Kipa also counsels clients with respect to claim preparation and claim disputes, cost issues, contract administration and performance disputes, and export controls (OFAC, ITAR and EAR). As a member of the Aerospace and Defense team, Mr. Kipa frequently assists government contractors undertaking M&A transactions.

Education

• LL.M. Litigation and Dispute Resolution, George Washington University Law School, 2005, with highest honors
• J.D., University of Maryland School of Law, 2002, with honors, Executive Editor, Journal of Health Care Law & Policy, Moot Court Board, Morris Brown Myerowitz Moot Court Award, Writing Fellow, Teaching Assistant for the classes Legal Analysis, Writing & Research (LAWR) I and II, Phi Delta Phi
• B.A., Muhlenberg College, 1998, cum laude

Clerkships

• Law Clerk to the Honorable Bohdan A. Futey, U.S. Court of Federal Claims

Admissions

• District of Columbia
• Maryland
• U.S. Court of Federal Claims
• U.S. Court of Appeals for the Federal Circuit

Representative Experience

Bid Protests

Successfully protested a decision of the Army to deny Northrop Grumman Information Technology one of several contracts in a 9-year, $20 billion program for worldwide information technology services.

Successfully protested USAID's exclusion of BearingPoint, Inc., from the competitive range for General Business, Trade and Investment ("GBTI II") services.

Successfully defended the General Services Administration's award to W.W. Grainger, Inc., for hardware supplies for the United States Marine Corps' Super Hardware Store.

Successfully obtained judgment on the administrative record for a government contractor in a post-award bid protest, and successfully opposed motions for a temporary restraining order and a permanent injunction.

Mergers and Acquisitions

Represented The Connection People Network Solutions, Inc. in connection with sale to Trace Systems, Inc.

Represented aerospace & defense signal intelligence company in connection with intended sale to private equity firm.

Represented aerospace & defense biometrics company in connection with contemplated acquisition of HUMINT and counterintelligence company.

Represented L-1 Identity Solutions, Inc., in connection with its acquisition of McClendon Corporation.

Memberships

• Member, Bar in the District of Columbia
• Member, Bar in the State of Maryland
• Member, District of Columbia's Government Contracts section
• Member, Public Contracts Law Section and Bid Protest Committee, American Bar Association
• Member, National Defense Industrial Association

Articles

• Conquering Uncertainty in an Indefinite World: A Survey of Disputes Arising Under IDIQ Contracts, Public Contract Law Journal, May 27, 2008
• Standing Novation, The Deal, February 8, 2008
• Rolling Back Past Reforms, Legal Times, October 8, 2007

• "Changing Answers To A Longstanding Test Question (Or What The New T&M Rule Means To Us)", Off The Shelf, Vol. 59, No. 1, January 2007 (Jonathan S. Aronie, Marko W. Kipa)
• Kyiv to Cherkasy and Back: Reflections of an Election Observer, The Ukrainian Weekly, Vol. 73, No. 7 (February 13, 2005)
• Shalala v. Illinois Council on Long Term Care: The United States Supreme Court Confounds the Crisis in Nursing Home Care with an Unneeded Jurisdictional Channeling Requirement. 4 J. Health Care L. & Pol’y 354 (2001)

Government Contracts Law Blog Articles

• "Short Circuiting the IDIQ Bid Protest Bar: A Pyrrhic Victory?", June 30, 2008
• "Two Roads Converged?: Merging The COFC's and GAO's Timeliness Requirements", March 13, 2008
• "War Profiteering Prevention Act of 2007: Is It Time To Say 'Enough Already'?", October 29, 2007
• "Praecomm, Inc. v. United States: Managing Expectations in the Context of a 'Long-Term' Procurement", October 9, 2007