Photo of Keith R. Szeliga

Keith R. Szeliga

Partner
Washington, DC
F: +1.202.747.3810

Education

  • J.D., Harvard Law School, 2002, cum laude
  • B.A., Wake Forest University, 1999, summa cum laude
  • Maryland
  • District of Columbia
  • United States Court of Federal Claims
  • United States Court of Appeals for the Federal Circuit
Overview
Honors
Experience
Thought Leadership

Overview

Keith R. Szeliga is a partner and former 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.

Honors

  • Named to Who's Who Legal: Public Procurement, 2015-2018
  • Named to The Legal 500 United States, 2018

Experience

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 for internal restructuring costs that resulted in a settlement pursuant to which the client recovered hundreds of millions of dollars
  • 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 representation of Shearwater Mission Support in a bid protest challenging the Department of the Navy, Naval Facilities Engineering Command's award of a $79 million contract for base operation support services (Shearwater Mission Support, LLC, B-416717, Nov. 20, 2018, 2018 CPD__)
  • Successful defense of Air Force's award of a billion dollar contract to Deloitte & Touche for Financial Improvement and Audit Readiness Support (KPMG LLP v. United States, 139 Fed. Cl. 533 (2018))
  • Successful defense of bid protest challenging the Department of Education's award of a $75 million task order to IBM for information technology support services (NTT DATA Services Fed. Gov't, B-416123 et al., June 20, 2018, 2018 CPD 215)
  • Successful defense of bid protest challenging the Department of Health and Human Services, National Institute of Child Health and Human Development's award of a $19 million contract to Precision Bioservices for the operation of biosample and genetics repositories (Fisher BioServices, Inc., B-413982.4, B-413982.6, Nov. 29, 2017, 2017 CPD 49)
  • Successful defense of bid protest challenging the Department of the Army, Corps of Engineers' award of a $8 million small business set-aside task order to Engineering/Remediation Resource Group 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 bid protest challenging the Defense Health Agency’s corrective action in response to a sustained GAO protest (PricewaterhouseCoopers Public Sector, LLP vs. United States, 126 Fed. Cl. 328 (2016))
  • Successful representation of Deloitte Consulting in bid protest challenging the Defense Health Agency’s award of a $53 million contract 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 bid protest challenging the Department of the Army’s award of a $176 million contract to SAIC for services to support counter-insurgency and counter-IED devices in Afghanistan (Science Applications Int’l Corp., B-407013, Oct. 19, 2012, 2012 CPD 308)
  • Successful defense of 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, July 12, 2010, 2010 CPD 162)
  • Successful defense of bid protest challenging the Army Material Command'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, Oct. 16, 2009, 2009 CPD 215)
  • Successful defense of bid protest challenging the Social Security Administration’s award of a GSA Schedule blanket purchase agreement to Hewlett-Packard for computer equipment (Dell Marketing LP, B-400784, Jan. 27, 2009, 2009 CPD 35)
  • Successful defense of bid protest challenging the Naval Air Systems Command'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, Aug. 8, 2008, 2008 CPD 157)
  • Successful representation of Sikorsky Aircraft Company in 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., Feb. 26, 2007, CPD 45; Lockheed Martin Sys. Integration-Owego, B-299145.5 et al., Aug. 30, 2007, 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 Information Technology in protest challenging the Department of 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 defense of the Department of Education’s award of a contract for remote location home schooling (IDEA Int’l, Inc. v. United States, 74 Fed. Cl. 129 (2006)
  • 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
  • Bribery, 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, Inc. (a portfolio company of Arlington Capital Partners) in connection with its contemplated sale to UK-based Smiths Group for $345 million.
  • Represented a platform portfolio company of RLH Equity Partners in the federal services sector in connection with its synergistic acquisition of the assets and operations of an unincorporated business unit of a large publicly traded company.
  • Represented CACI, Inc. – Federal in connection with its acquisition of the systems engineering and acquisition support services business of CSRA LLC, a unit of General Dynamics Information Technology Inc.
  • Represented CACI International, Inc. (NYSE: CACI) in connection with its acquisitions of various government contracts, joint ventures and businesses.  
  • Represented Polaris Alpha (a portfolio company of Arlington Capital Partners) in connection with the acquisition of Solidyn Solutions, LLC, a provider of satellite mission management, command and control systems, virtualization and cloud computing and large scale data processing systems to defense and intelligence agencies.
  • Represented Riordan Lewis & Haden (RLH) in connection with the acquisition of an analytics and cybersecurity company serving the intelligence and defense communities.
  • 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.

Thought Leadership

Articles

Government Contracts, Investigations & International Trade Blog Posts

Media Mentions

Speaking Engagements

  • "Rights in Technical Data and Computer Software," Federal Publications Seminars, 2013-2018
  • “The Masters Institute in Government Contracts Intellectual Property,” Federal Publications Seminars, 2015-2018
  • “The Mandatory Disclosure Rule,” Federal Publication Seminars, 2017-2018
  • "Rights in Technical Data and Computer Software Under Government Contracts," National Contract Management Association, Dulles Corridor Chapter, Chantilly, VA, September 21, 2018
  • "Other Transactions for Prototypes – The Next Big Thing in DoD Acquisitions," Government Contractor Dinner Series, San Diego, CA, June 21, 2018
  • “New Administration, New Space…New Rules?.” 2017 ABA Space Law Symposium, Washington, DC, June 8, 2017
  • Negotiating Software Licenses and Technology Agreements with the Federal Government: Use Rights and IP Protection, Strafford Webinars, September 21, 2016
  • "Anatomy of a Hosted Payload Involving the U.S. Government," 2016 Space Law Symposium, 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
  • "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