Photo of Keeley A. McCarty

Keeley A. McCarty

Associate
Washington, DC
F: +1.202.747.3911

Education

  • J.D., American University Washington College of Law, 2012, cum laude, Executive Editor, Administrative Law Review
  • B.A., University of Florida, 2006
  • Law Clerk, Department of the Treasury, United States Mint
  • District of Columbia
  • Virginia
Overview
Experience
Thought Leadership
Memberships

Overview

Keeley McCarty is an associate in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office.

Areas of Practice

Keeley’s practice spans the spectrum of government contracting issues, with a focus on the False Claims Act, government investigations, construction, and healthcare as they intersect with government procurement. Keeley enjoys litigating before federal and state courts, as well as before the Armed Services Board of Contract Appeals and GAO. Her experience includes qui tam FCA defense, prime-sub disputes, bid protests, and AAA arbitration. She also helps healthcare companies and other government contractors respond to federal subpoenas and civil investigative demands, including managing active-learning document review and associated document production.     

Keeley has experience litigating qui tam FCA claims in multiple courts across the country, from the motion to dismiss stage through summary judgment, including an ongoing case before the D.C. District Court valued at over $1 billion. She closely follows developments in the False Claims Act legal landscape. 

Keeley also has a growing interest in the other compliance implications of selling healthcare to the federal government. She currently represents healthcare providers, biomedical innovators, and medical device manufacturers on matters ranging from commercial contract counseling to a bid protest appeal before the Federal Circuit. Keeley regularly attends industry events held by the Coalition for Government Procurement and is tracking the ongoing procurement overhaul by the Department of Veterans Affairs and the Defense Health Agency.

In the construction arena, Keeley has represented both federal and state government contractors in all stages of the dispute process: from submitting Requests for Equitable Adjustment, to mediation, to trial before the Armed Services Board of Contract Appeals or courts. She has worked with damages experts to develop schedule and cost overrun analyses, and with geotechnical experts opining on site conditions, all in the context of Federal Acquisition Regulation requirements. 

Experience

Ongoing Matters

  • Defending international software manufacturer in qui tam False Claims Act litigation valued at over $1 billion
  • Representing SDVOSB medical device vendor in bid protest appeal at the Federal Circuit and parallel APA litigation in district court
  • Managing criminal healthcare subpoena response for pediatric dental provider in the District of New Jersey
  • Representing federal contractor in negotiations with the U.S. Navy for an equitable adjustment to its shipbuilding contract

Previous Representative Matters

  • Represented small business prime contractor terminated for default for failing to complete two potable water wells on Hill Air Force Base due to differing site conditions, culminating in 4-day hearing before the ASBCA and ultimate settlement with the Air Force
  • Defended reseller of personal protective equipment sold to the government under GSA Schedule contract that was among 40+ defendants in qui tam FCA case, resulting in voluntary dismissal following motion to dismiss
  • Represented prime contractor in AAA arbitration against subcontractor under USAID construction contract, including 5-day arbitration
  • Defended architect/engineering firm sued for negligence in design by the general contractor who constructed the Weehawken Tunnel under a New Jersey Transit contract, resulting in several weeks of trial in New Jersey state court and ultimate settlement

Thought Leadership

Articles

  • Co-Author, The ASBCA’s Raytheon Decision: Expressly Unallowable Cost, Directly Associated Cost, and Performance Restricted Stock, 104 F.C.R. 1088, Oct. 27, 2015.
  • Co-Author, Chapter 4: Discovery of Documents and Things and Entry on Premises, in Discovery Deskbook for Construction Disputes, 2nd ed., 2015.
  • Flip the Coin to the Fed: The Dysfunctional Relationship Among the Federal Reserve System, Congress, and the United States Mint, 64 Admin. L. Rev. 315, 2012.

False Claims Act Defense Blog Posts

Government Contracts and Investigations Blog Posts

Healthcare Law Blog

Speaking Engagements

  • Pushback on P3s, ABA Section of Public Contract Law, State & Local Procurement Division Meeting, Feb. 28, 2014.

Memberships

  • American Bar Association - Young Lawyers Division (Public Contract Law Committee Chair 2014-2015), Section of Public Contract Law
  • Board of Contract Appeals Bar Association