Photo of Keith R. Szeliga

Keith R. Szeliga

Partner
Washington, DC
T: 202.747.1927
F: 202.747.3810

Education

  • J.D., Harvard Law School, 2002, cum laude, Legal Aid Bureau, Law and Philosophy Society
  • B.A., Wake Forest University, 1999, summa cum laude
  • Maryland
  • District of Columbia
  • United States Court of Federal Claims
Overview
Honors
Experience
Publications & News

Keith R. Szeliga is a partner and Co-Practice Group Leader in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office. He is also a member of the firm's Aerospace and Defense Industry Team.

Areas of Practice

Mr. Szeliga represents clients ranging from small businesses to the nation's largest defense contractors in a broad range of Government contracts matters, including:

  • Bid protests before the Government Accountability Office (GAO) and the Court of Federal Claims
  • Government contracts compliance, including compliance programs, reviews, and counseling
  • Mergers and acquisitions (M&A) involving Government contractors
  • Audits and investigations, including internal investigations, DCAA audits, and OIG investigations
  • Subcontracts and teaming agreements and disputes
  • Contract Disputes Act (CDA) claims and appeals

Mr. Szeliga advises clients regarding the full spectrum of statutes and regulators applicable to Government contractors. Representative areas in which Mr. Szeliga has specialized expertise include:

  • Government contracts cost and pricing issues, including the Cost Principles, the Cost Accounting Standards (CAS), and the Truth in Negotiations Act (TINA)
  • Rights in technical data, computer software, and patents under Government contracts
  • Personal and organizational conflicts of interest (PCIs and OCIs)
  • Revolving door and other post-Government employment restrictions
  • Procurement Integrity Act (PIA) compliance
  • Small business issues relevant to Government contractor mergers and acquisitions (M&A)
  • Bribery, gratuities, and kickbacks
  • False Claims Act (FCA) and other fraud allegations
  • The FAR Mandatory Disclosure Rule

Mr. Szeliga publishes and lectures frequently on these and other topics of interest to the Government contracts community. His articles have been cited in several court opinions and numerous law review articles.

Mr. Szeliga has an active SSBI and holds a TS/SCI clearance.

  • Named to Who's Who Legal: Public Procurement, 2015

Government Contracts Compliance Counseling

Mr. Szeliga has counseled numerous clients, ranging from small businesses to Fortune 500 companies, regarding compliance with the statutes and regulations that apply to Government contractors. Mr. Szeliga's experience in this area includes:

  • Developing and implementing Government contracts compliance programs
  • Conducting Government contracts compliance reviews
  • Drafting Government contracts codes of business ethics and conduct
  • Preparing Government contracts policies, procedures, and training materials
  • Providing Government contracts compliance training
  • Analyzing and mitigating the risks inherent in becoming a Government contractor
  • Answering complex compliance questions on a daily basis

Government Contracts Cost and Pricing

Mr. Szeliga has advised clients in matters involving the allowability, allocability, and reasonableness of costs under the FAR Cost Principles; the allocation and assignment of costs under the Cost Accounting Standards (CAS); and the disclosure of cost and pricing data under the Truth in Negotiations Act. Representative examples of Mr. Szeliga's experience include:

  • Preparing a claim that resulted in a final decision allowing a contractor to retain hundreds of millions of dollars in insurance recoveries for damages incurred as a result of Hurricane Katrina
  • Assisting a defense contractor with DCAA audits and a potential claim involving hundreds of millions of dollars incurred for internal restructuring costs
  • Defending a company responsible for building a first-of-its-kind nuclear weapons facility against a notice of intent to disallow certain construction costs
  • Counseling a large defense contractor regarding the allowability and allocability of environmental remediation costs
  • Conducting investigations involving allegations relating to various categories of allegedly unallowable costs
  • Conducting an estimating system review for an aerospace and defense contractor
  • Drafting policies and procedures to enhance TINA compliance and minimize defective pricing risk

Government Contracts Intellectual Property

Mr. Szeliga has substantial experience advising clients regarding rights in technical data, computer software, and patents under Government contracts. His expertise in this area includes:

  • Counseling clients regarding the FAR, DFARS and DEAR technical data, computer software, and patent rights clauses
  • Helping clients to refine their Government contracts intellectual property strategies
  • Negotiating intellectual property rights under Government contracts and subcontracts
  • Tailoring commercial computer software licenses for Government use
  • Assisting clients with issues involving authorization and consent pursuant to 28 U.S.C. § 1498
  • Developing and implementing policies, procedures, and training materials to protect rights in technical data, computer software, and patents
  • Conducting internal reviews to determine the allocation of intellectual property rights under Government contracts
  • Supporting claims involving rights in technical data and computer software

Bid Protests

Mr. Szeliga is an experienced bid protest attorney. He has represented protestors and intervenors in numerous bid protests filed at the Government Accountability office and Court of Federal Claims. Representative bid protest matters include:

  • Successful defense of the Army’s award of a small business set-aside task order for environmental remediation services at munitions response sites (EA Eng’g, Science, & Tech., Inc., B-411967.2, Apr. 5, 2016, 2016 CPD ¶ 106)
  • Successful defense of a bid protest challenging the Defense Health Agency’s corrective action in response to a sustained GAO protest and alleging that all competitors were ineligible due to unmitigatable OCIs (PricewaterhouseCoopers Public Sector, LLP vs. United States, 2016 WL 2764330 (May 10, 2016))
  • Successful representation of Deloitte Consulting LLP in a GAO bid protest challenging the Defense Health Agency’s award of a $53.5 million contract to PricewaterhouseCoopers for process improvement and integration services for the Military Health System (Deloitte Consulting LLP, B-411884 et al., Nov. 16, 2015, 2016 CPD ¶ 2)
  • Successful defense of a bid protest challenging the Army’s award of a $176.5 million contract for services to support counter-insurgency and counter-IED devices in Afghanistan (Science Applications Int’l Corp., B-407013, 2012 CPD ¶ 308)
  • Successful defense of a bid protest challenging the General Services Administration’s award of a Blanket Purchase Agreement to W.W. Grainger to supply hardware products to Marine Corps bases (Woodcrest Ace Hardware-MSC Industrial Supply Co., B-401417, 2010 CPD ¶ 162)
  • Successful defense of the Army's award of a multibillion dollar contract to Northrop Grumman Cobham Intercoms LLC for an improved vehicle intercommunication system (Telephonics Corp., B-401647, B-401647.2, 2009 CPD ¶ 215)
  • Successful defense of the Social Security Administration’s award of a GSA Schedule blanket purchase agreement to Hewlett-Packard for computer equipment (Dell Marketing LP, B-400784, 2009 CPD ¶ 35)
  • Successful defense of the Navy’s award of a $1.16 billion contract to Northrop Grumman for the Broad Area Maritime Surveillance Unmanned Aircraft System (Lockheed Martin MS2 Tactical Sys., B-400135, B-400135.2, , 2008 CPD ¶ 157)
  • Successful representation of Sikorsky Aircraft Company in a GAO bid protest challenging the Air Force’s award of, and subsequent corrective action in connection with, a $15 billion contract for the next generation of Combat Search and Rescue (CSAR-X) helicopters (Sikorsky Aircraft Co, B 299145 et al., 2007 CPD ¶ 45; Lockheed Martin Sys. Integration-Owego, B 299145.5 et al., 2007 CPD ¶ 155)
  • Successful defense of a classified agency’s award of a contract for terrorism watch-listing services (unpublished)
  • Successful representation of Northrop Grumman in a GAO bid protest challenging the Army’s failure to award one of several contracts in a nine-year, $20 billion program for worldwide information technology services (Multimax, Inc. et al., B-298249.6 et al., Oct. 24, 2006, 2006 CPD ¶ 165)
  • Successful representation of a small business in a GAO bid protest of the Army’s award of a contract for inlet barrier filtration devices for the UH-60 helicopter (Filtration Dev. Co. v. United States, 60 Fed. Cl. 371 (2004)

Government Contracts Investigations

Mr. Szeliga has conducted dozens of internal investigations. He has assisted with mandatory and voluntary disclosures and also defended clients in Government investigations conducted by OIGs and DOJ. Representative examples of issues with respect to which Mr. Szeliga has investigation experience include:

  • Procurement Integrity Act (PIA) compliance
  • Revolving door and other post-Government employment restrictions
  • Gifts, gratuities, and kickbacks
  • Personal and organizational conflicts of interest (PCIs and OCIs)
  • Price reductions clause (PRC) and defective pricing allegations under GSA Schedule contracts
  • Labor charging, including labor mapping and qualifications
  • Unallowable and expressly unallowable costs
  • False Claims Act (FCA) and related fraud allegations

Mergers and Acquisitions

Mr. Szeliga has represented clients in numerous corporate transactions involving Government contractors. He advises clients regarding Government contracts risks and opportunities, drafts and negotiates Government contracts representations and other terms, and leads Government contracts due diligence teams. Representative M&A transactions that Mr. Szeliga has supported from a Government contracts perspective include the following:

  • Represented United Flexible (a portfolio company of Arlington Capital Partners) in connection with the acquisition of Kreisler Manufacturing Corporation (OTC: KRSL), a manufacturer of precision metal components and assemblies.
  • Represented Arlington Capital Partners in connection with its acquisition of the Defense & Security business of iRobot Corp (NASDAQ: IRBT), a leader in robotic technology-based solutions.
  • Represented United Flexible, Inc. (a portfolio company of Arlington Capital Partners) in connection with its acquisition of Fulton Bellows, LLC (manufacturer of complex precision bellows and thin-walled metal components utilized in mission critical gas and fluid control systems).
  • Represented CACI International, Inc. (NYSE: CACI) in connection with its acquisition of the National Security Solutions business of L-3 Communications, Inc. (NYSE: LLL)
  • Represented TeraLogics, LLC in connection with its auction process and sale to Cubic Corporation (NYSE: CUB)

  • Represented Novetta Solutions, LLC (a portfolio company of Arlington Capital Partners) in connection with its auction and sale to the Caryle Group (NASDAQ: CG).

  • Represented Iron Data Solutions, LLC (a portfolio company of Arlington Capital Partners) in connection with its acquisition of MicroPact, Inc., a leading enterprise software company providing solutions primarily to federal customers
  • Represented KLH Capital in connection with the sale and recapitalization of Federal Resources Supply Company, Inc. (a provider of mission critical solutions to military personnel and first responders) to existing management and a minority investor
  • Represented Cubic Corporation (NYSE: CUB) in its acquisition of DTech Labs, Inc.
  • Represented Arlington Capital Partners and its portfolio company Quantum Spatial, Inc. in connection the acquisition of Watershed Sciences, Inc.
  • Represented L-1 Identity Solutions (NYSE: ID) in connection with the sale of its intelligence services business to BAE Systems, Inc.
  • Represented Arlington Capital Partners and its portfolio company Chandler/May, Inc. in connection with the acquisition and recapitalization of Aeromech Engineering, Inc.

Articles

Government Contracts, Investigations & International Trade Blog Posts

Media Mentions

Speaking Engagements

  • "Anatomy of a Hosted Payload Involving the U.S. Government," 2016 Space Law Forum, Washington, DC, June 8, 2016
  • "Protecting Intellectual Property Rights Under Government Contracts," Aerospace and Defense Forum, San Diego, CA, May 24, 2016
  • "Legal Lessons Learned in Structuring Hosted Payload Deals," Hosted Payload Alliance, Colorado Springs, CO, April 14, 2016
  • "Rights in Technical Data and Computer Software," Federal Publications Seminars, 2013-2016
  • "Responding to Current Government Initiatives to Acquire Expanded Rights in Data," Lunch with Your Government Contracts Attorney, Washington, DC, May 22, 2013
  • "Personal and Organizational Conflicts of Interest in Federal Government Contracts," National Contract Management Association, Battlefield-Dulles Chapter, March 2, 2012
  • "New Government Contractor Rules on Personal Conflicts of Interest and Revolving Door Restrictions," Strafford Seminars, Washington, DC, February 1, 2012
  • "New Developments in Contract Compliance," Federal Publications Seminars, Washington, DC, October 21, 2009
  • "Protecting Your Proprietary Rights Under Department of Defense Contracts," National Contract Management Association, Cape Canaveral Chapter, October 14, 2009
  • "Contract Services: Personal Conflicts of Interest, Organizational Conflicts of Interest & Inherently Governmental Functions," NDIA Procurement Division, Annual Educational Seminar, March 16, 2009
  • "The New Contractor Business Ethics Compliance Program and Disclosure Requirements," Federal Publications Seminars, Washington, DC, February 26, 2009
  • "Revolving Door Restrictions," Las Vegas, Nevada, November 3, 2007