Terminations for Convenience: Maximizing Recovery

Hilary S. Cairnie is a partner in the Government Contracts Practice Group of Pepper Hamilton LLP, resident in the Washington office. Mr. Cairnie's practice is diverse and encompasses virtually all manner of government contracting matters, including contract formation, performance, administration; enforcement controversies, investigations and legal proceedings, protests, REAs, claims and claim appeals; prime/sub disputes in federal and state court; APA cases, TROs and injunctions; security clearance controversies and appeals; small business protests and appeals; corporate due diligence in support of mergers, acquisitions and asset purchases; domestic preferences; Bayh-Dole, subject inventions and IP matters; Dodd-Frank conflict minerals and supply chain matters; small business set-aside programs; cost audits and disallowances and incurred cost submissions.

Mr. Cairnie represents clients involved in aerospace, automotive, shipbuilding, transportation, construction, software, medical and healthcare, engineering, life sciences, and research and development endeavors, among others. He negotiates and prepares technology licensing agreements involving patents and trade secrets, copyrights and trademarks. Mr. Cairnie counsels clients on the unique issues associated with inventions developed under publicly funded procurement contracts and other agreements. He also advises clients on the pros and cons of using proprietary technology in connection with performance of government contracts, grants and cooperative agreements.

Mr. Cairnie is a frequent public speaker on topics and new developments of interest to the government contracting community. He has regularly appeared before various local, regional and national chapters of the trade associations and bar associations.

Prior to joining Pepper, Mr. Cairnie led the Government Contracts Group at BakerHostetler in Washington.

Relevant Experience

• Advise and represent clients in subcontract negotiations and dispute resolution.
• Litigate contract claim appeals and other controversies before the U.S. Courts of Appeal for the Federal and Fourth Circuits.
• Obtained favorable rulings in connection with pre-award and post-award protests filed before the U.S. Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC) on behalf of large and small businesses.
• Representing clients working for the Army Corps of Engineers on post- Katrina reconstruction projects throughout the Gulf-region.
• Advise clients that are working in Iraq, Afghanistan, Pakistan, Jordan, Israel, and other Middle Eastern countries on projects with DOD, USAID, State Department, and other agencies.
• Conduct internal corporate investigations and represent clients in connection with “hotline” reports, as well as criminal, civil, and administrative investigations initiated by federal and state authorities, and the concomitant legal proceedings.
• Represent nonprofit clients in connection with non-procurement programs and agreements.

Recognition

• Martindale-Hubbell: AV Preeminent

Memberships

• Virginia Bar Association
• District of Columbia Bar Association
• Federal Circuit Bar Association
• Federal Bar Association
• National Contract Management Association

Aaron Raddock is a Director with BDO’s Government Contracts & Advisory Services practice. He has more than ten years of consulting experience working with government contractors, higher education institutions and nonprofit organizations. Aaron has advised clients in virtually every industry including avionics, construction, retail, defense, healthcare, hospitality, security services, technology, transportation, not-for-profit/academic, research and development, architecture and engineering, and professional services on a wide range of business issues and regulatory compliance matters.

Aaron’s specific experience includes: 

• Provides government contractors and recipients of government funds with accounting, compliance, audit and litigation support throughout almost all phases of the contract life cycle.
• Provides cost accounting advisory services including indirect cost rate design, disclosure statement preparation, cost impact calculations, assistance with complex allowability and allocability matters, and incurred cost submission preparation.
• Guides contractors through government audits and negotiations with a variety of different audit agencies including DCAA, GSA OIG, DFAS, DOL and others.
• Supports contractors in a variety of claims and disputes including contract terminations for convenience or default, requests for equitable adjustment, bid protests, breach of contract claims and False Claims Act suits. Assists with a variety of matters at the direction of counsel and under protective order.
• Conducts forensic investigations into suspected fraud or other misconduct.
• Assists with complex pricing analyses related to Federal Supply Schedule contracts, including proposal development or option renewals under GSA/VA Schedule contracts, and similar contracting vehicles, and evaluates potential exposure related to the triggering of the Price Reductions Clause.
• Performs compliance assessments and detailed back pay calculations related to wage and hour requirements like the Service Contract Act and the Davis-Bacon Act.
• Assesses compliance with contractor business system requirements, FAR/CAS, domestic buying preferences and other unique government contract obligations, and assists with remediation.
• Helps contractors design and implement robust government contract compliance programs to promote compliance and effectively manage suppliers.