John W. Chierichella

John Chierichella is a partner in the Government Contracts and Regulated Industries Practice Group in the firm's Washington, D.C. office.

Areas of Practice

Mr. Chierichella has a broad range of experience in government contract matters, representing both U.S. and foreign contractors. His experience includes bid protests, claims and appeals, intellectual property rights of Government contractors, cost and Cost Accounting Standards issues, compliance reviews and internal investigations, qui tam and other False Claims Act litigation, prime contractor/subcontractor disputes, teaming agreements, General Services Administration Multiple Award Schedule ("MAS") contracting, export controls (ITAR and EAR), foreign military sales ("FMS") and foreign military funding ("FMF") transactions, and suspension and debarment.

Mr. Chierichella has written and lectured extensively on various subjects relating to the federal procurement process, including co-authorship of the leading book on GSA's MAS Program and articles on teaming agreements; foreign procurement, including the Buy American and Trade Agreements Acts and the Berry Amendment; foreign ownership; state and local procurement; and the product liability problems of government contractors.

Before he entered private practice, Mr. Chierichella served as attorney/adviser to the Secretary, Office of the General Counsel, Department of the Air Force, in the area of procurement law (1973-75).

Mr. Chierichella holds a Top Secret national security clearance.

Education

• J.D., Columbia Law School, 1972
• A.B., Cornell University, 1969

Admissions

• District of Columbia
• California
• New York

Honors

• One of the country's top leading government contract lawyers by Chambers & Partners' in 2005, 2006, 2007 and 2008
• America's Leading Business Lawyers
• Best Lawyers in America
• Best Lawyers in Washington, D.C.
• "Leading Lawyer" by the editors of the Legal Times in the publication's November 1, 2004 issue

Memberships

• Member, Advisory Board of the Government Contractor
• Member, American Bar Association's Sections of Public Contract Law, Administrative Law and Litigation
• Member, National Contract Management Association

Articles

Books

• Multiple Award Schedule Contracting, Xlibris Corporation, May 2002 (John W. Chierichella, Jonathan S. Aronie), July 2006 (Second Edition)
• "Service Contracting: An Integrated Approach," National Contract Management Association, 2004 NCMA (book) (John W. Chierichella, contributing author)

Articles in Print

• "Rolling Back Past Reforms" , Legal Times, October 8, 2007
• The Continuing Saga Of Specialty Metals - Nothing Is Ever So Bad That It Cannot Be Made Worse, April 28, 2007
• A Slalom Course for Foreign Investors, Legal Times, April 16, 2007
• M&A Implications for Acquisitions of Small Business Government Contractors, MergerMarket, March 6, 2007
• Multiple Award Maze, January 12, 2007
• Authored chapter on United States Procurement law in Global Competition Review, "Public Procurement 2007 - An Overview of Regulation in 36 Jurisdictions Worldwide," 2007
• Berry Amendment 'Reform' - The Sound and The Fury, October 25, 2006
• How to Know When You're in Too Deep With the Feds, March 10, 2006
• Uncle Sam isn't in the express lane, February 10, 2006
• Eight Things to Know Before a Contractor Goes Global, January 27, 2006
• Key differences between contracting with DHS and other, more traditional Government agencies., November 17, 2005
• "Gov't Contractors Should Prepare for 'A Bumpy Night'," Washington Business Journal, October 14-20, 2005
• Can this Business Marriage be Saved? Should It Be?, October 7, 2005
• Image is Everything -- Never Forget Contract Compliance," The Secrets of Schedule Sales Success by Bill Gormley and Larry Allen, Xlibris 2005, Chapter 5 (John W. Chierichella, Jonathan S. Aronie)
• GAO protests: Right and wrong ways to claim 'foul', June 24, 2005
• Financing Government Contracts / Edition II - Part I, April 21, 2005
• Financing Government Contracts / Edition II Part II, April 21, 2005
• Secure Your IP Rights For Data, Software, April 1, 2005
• Protecting Your Intellectual property, Vol. 1: Patents, March 3, 2005
• Who's who in gov't contracting: A cast of characters, January 21, 2005
• So, you want to be a government contractor?, December 3, 2004
• Financing Government Contracts/Edition II-Part I," Briefing Papers, December 2004 (John W. Chierichella, David S. Gallaher).
• Speciality Metals and the Berry Amendment - Frankenstein's Monster and Bad Domestic Policy, April 21, 2004
• "Effective Selling under GSA's Multiple Award Schedule Program," Insight, May 2002 (John W. Chierichella, Jonathan S. Aronie)
• "The Baby and the Bathwater - Procurement Policy Gone Wrong," Government Contract Audit Report, Spring 2002 (John W. Chierichella, Jonathan S. Aronie, Abram J. Pafford)
• "U.S. Court of Federal Claims Holds Government Contractor Entitled to Equitable Adjustment of Mandatory Pension Plan Cost Accounting Change," September 5, 2001 (John W. Chierichella, Douglas E. Perry)
• "Unwary Rabbits Beware: IDIQ Means Never Having to Say You're Sorry," Government Contract Audit Report, February 2001 (John W. Chierichella, Jonathan S. Aronie)
• Developments in Administrative Law and Regulatory Practice 1999-2000, ABA Section of Administrative Law and Regulatory Practice, (Public Contracts and Procurement), February 2001 (John W. Chierichella, Jonathan S. Aronie)
• Domestic & Foreign Product Preferences, Briefing Papers, Second Series, December 2000 (John W. Chierichella, Jonathan S. Aronie, Andrew Skowronek)
• "When is Information Confidential? The Government and Courts' Ongoing Tug-of-War over FOIA's Exemption 4 Leaves Contracts Professionals in a Bind," Contract Management, November 2000 ( John W. Chierichella, Jonathan S. Aronie, James J. McCullough)
• "The Civil False Claims Act: More Relevant Than You May Think," Director's Monthly, October 2000 (John T. Boese, John W. Chierichella, Richard A. Sauber)
• "The Government's Assault on FOIA Exemption 4: Do You Know Where Your Data Are?," Off The Shelf, October 2000 (John W. Chierichella, Jonathan S. Aronie, James J. McCullough)
• "Feature Comment: The Buy American Act/FAR Part 25 Rewrite - A Law of Unintended Consequences," The Government Contractor, August 16, 2000 (John W. Chierichella, Andrew Skowronek)
• "A Qui Tam Conundrum," Legal Times, February 28, 2000 (John W. Chierichella, Louis D. Victorino)
• "Disputing a Commercial KO," Legal Times, April 26, 1999 (John W. Chierichella, Jonathan S. Aronie)
• "Commissions & Fees Paid to Overseas Agents: Cost Recovery & Related Rules," Government Contract Costs, Pricing & Accounting Report, August 1998 (John W. Chierichella, Douglas E. Perry, Michael L. Waldman)
• "GSA IG Audits—You Can't Afford to Be Unprepared," Off the Shelf, August 1998 (John W. Chierichella, Jonathan S. Aronie)
• "Competitor Collaborations by Government Contractors —Unique Considerations for FTC's Joint Venture Project," The Government Contractor, Vol. 39, No. 46, December 3, 1997 (John W. Chierichella, J. Todd Hutchins)
• "The Government as a Commercial Customer After FASA & Clinger-Cohen," Government Contract Audit Report, December 1997/January 1998 (John W. Chierichella, Tommy P. Beaudreau)
• "Commercial Item Exemptions to the Truth in Negotiations Act and Cost Accounting Standards Under FASA and the Clinger-Cohen Act," Third Annual Federal Procurement Institute, ABA Section of Public Contract Law, February 27, 1997 (John W. Chierichella, Louis D. Victorino)
• "Multiple Award Task & Delivery Order Contracts," Briefing Papers, No. 96-10, September 1996 (Louis D. Victorino, John W. Chierichella)
• "Complying with the New Limits on Personal Compensation Under FY 1995 DOD Contracts," Government Contract Costs, Pricing & Accounting Report, Issue 95-1, January 1995 (John W. Chierichella, James M. Weitzel)
• "Commentary, Government Contracts Update—The New Anti-Fraud Statutes Do More than Increase the Penalties," Department of Justice Manual, 9-42.420A, 1994-3 Supplement, 1994 (John W. Chierichella, John T. Boese, Timothy Maguire)
• "Mergers and Acquisitions of Government Contractors: Special Considerations and Due Diligence Concerns," American Bar Association Public Contract Law Journal, Vol. 23, No. 4, 1994 (John W. Chierichella, Douglas E. Perry)
• "IR&D Redux," Government Contract Costs, Pricing & Accounting Report, No. 93-2, February 1993 (John W. Chierichella, Douglas E. Perry)
• "Government Procurement Under the North American Free Trade Agreement," 58 Federal Contracts Report, October 26, 1992 (John W. Chierichella)
• "Comparative Bid Protest Procedures in International Contracting," International Quarterly, Vol. 4, No. 4 , October 1992 (John W. Chierichella)
• "Negotiating Teaming Agreements," Acquisition Issues, Volume 1, June 1991 (John W. Chierichella)
• "Improving Business Opportunities Through Teaming," Federal Acquisition Report, Volume VIII, No.4, April 1991 (John W. Chierichella)
• "Foreign Selling Costs Under the Cost Principles," Government Contract Costs, Pricing & Accounting Report, No. 90-12, December 1990 (John W. Chierichella)
• "IR&D vs. Contract Effort," Government Contract Costs, Pricing & Accounting Report, No. 90-2, February 1990 (John W. Chierichella)
• "Foreign Investment in Defense-Related Companies," 51 Federal Contracts Report 837, May 8, 1989 (John W. Chierichella)
• "Three New Criminal Statutes From the 100th Congress," Contract Management, February 1989 (John W. Chierichella)
• "Antitrust Considerations Affecting Teaming Agreements," 57 Antitrust Law Journal 555, 1988 (John W. Chierichella)
• "Financing Government Contracts," Briefing Papers, No. 86-7, 1986 (John W. Chierichella)
• "Supreme Court Removes Bar to Tort Indemnification," Contract Management, December 1983 (John W. Chierichella)
• "New Interim DoD Rules Ease Security-Related Restrictions on Foreign Ownerships of U.S. Contractors," Contract Management, December 1983 (John W. Chierichella)
• "Government Specifications Defense for Product Liability Suits," Contract Management, May 1982 (John W. Chierichella)
• "Product Liability Problems for Government Contractors," Contract Management, July 1981 (John W. Chierichella)
• "Source Selection Under the Model Procurement Code," 12 National Contract Management Quarterly 23, September 1978 (John W. Chierichella)
• "The Buy American Act and the Use of Foreign Sources in Federal Procurements -- An Issues Analysis," 9 Public Contract Law Journal 73, December 1977 (John W. Chierichella)

Editor, Government Contracts Law Blog (www.governmentcontractslawblog.com)

Articles Contributed:

• "Allison Engine - More Unanswered Questions", June 30, 2008
• "Specialty Metals Update: HASC Criticizes DCMA's January 2008 Specialty Metals Class Deviation", June 30, 2008
• "Short Circuiting the IDIQ Bid Protest War: A Pyrrhic Victory?", June 30, 2008
• "Violating the False Claims Act Without Actually Doing So - The Backdoor to Liability", May 15, 2008
• "Two Roads Converged?: Merging the COFC's and GAO's Timeliness Requirements", March 13, 2008
• "'Cost Corner' for February 2008", February 6, 2008

Speeches

• "Globalization - Practical Considerations in Day-to-Day Business With an International Focus," NCMA's World Congress, Dallas, TX, April 24, 2007
• "Minimizing Liability Risks of Subcontracting and Teaming Agreements," National Forum on Government Contracting Compliance for Commercial Companies, Washington, D.C., March 28, 2007
• "Conflicts, Confusion and Conspiracy - A Not So Healthy Mix," Washington, D.C., June 22, 2006
• "Advanced Subcontracting & Teaming Agreements," Federal Publications Seminars, (John Chierichella, Louis Victorino, Anne Perry), 1986 - Present
• "Foreign Contractors and the U.S. Federal Procurement System," June 20, 2006, Washington, D.C. (John Chierichella, Louis Victorino, Jonathan Aronie, Anne Perry, Aleksander Lamvol)
• "E-mail - Anything This Easy Comes With A Catch," McLean, Virginia, February 2, 2006
• "Homeland Security Outlook 2006," Potomac TechWire, McLean, VA, October 25, 2006
• "The Federal False Claims Act: Bringing Your Competitors, Whistleblowers, and the Federal Government Together to Sue You" ACCA San Francisco Bay Area Chapter, San Francisco, CA, September 29, 2005 (John W. Chierichella, Scott F. Roybal, Stephen D. Altman, Jonathan S. Aronie)
• "1st Annual Hemispheric Government Procurement Conference," Panel Moderator, Legal Issues in Cross Border Government Contracting, Vancouver, British Columbia, Canada, November 16-17, 2004
• "Teaming Agreements: The Good, The Bad and The Ugly," National Contract Management Association South Bay Chapter, Los Angeles, CA, November 14, 2000
• "Ability of Federal Contractors to Seek Recourse Under their Contracts when Customer/Agencies Knowingly Permit Unmeritorious Whistleblower Claims to Be Prosecuted in the Agencies' Names and for the Agencies' Monetary Benefit," American Bar Association Convention, Section of Public Contract Law and Section of Administrative Law & Regulatory Practice, New York, 2000