Overview

Keeley McCarty is an associate in the Governmental Practice 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. She 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. 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 represents both federal and state government contractors in all stages of the dispute process, from submitting Requests for Equitable Adjustment through mediation and 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

Experience

Ongoing Matters:

  • Defending software manufacturer in qui tam False Claims Act litigation
  • Managing criminal healthcare subpoena response for pediatric dental provider
  • Leading internal investigation of government contractor in response to qui tam complaint
  • Representing Alaska Native Corporation in a pass-through claim to Air Force for increased pension costs

Previous Representative Matters:

  • 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 small business prime contractor terminated for default for failing to complete two potable water wells on an Air Force base due to differing site conditions, culminating in a four-day hearing before the ASBCA and ultimate settlement with the Air Force
  • Settled constructive changes claim against GSA by an IT-related services provider through Court of Federal Claims-sponsored mediation
  • Represented prime contractor in AAA arbitration against subcontractor under USAID construction contract, including five-day arbitration

Honors

Honors

Recommended Lawyer, Government Contracts, Legal 500, 2020

Insights

Articles

  • Co-Author, "The ASBCA’s Raytheon Decision: Expressly Unallowable Cost, Directly Associated Cost, and Performance Restricted Stock," 104 Federal Contracts Report 1088, October 27, 2015
  • Co-Author, "Discovery of Documents and Things and Entry on Premises" chapter, Discovery Deskbook for Construction Disputes, Second Edition, 2015
  • "Flip the Coin to the Fed: The Dysfunctional Relationship Among the Federal Reserve System, Congress, and the United States Mint," 64 Administrative Law Review 315, 2012

Labor & Employment Law Blog Posts

False Claims Act Defense Blog Posts

FDA Law 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, February 28, 2014

Memberships

Memberships

Former Committee Chair, Section of Public Contract Law, Young Lawyers Division, American Bar Association, 2014-2015

Member, Board of Contract Appeals Bar Association

Industries

Education

J.D., American University Washington College of Law, 2012, cum laude, Executive Editor, Administrative Law Review

B.A., University of Florida, 2006

Clerkships

  • Law Clerk, Department of the Treasury, United States Mint

Admissions

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