Contractor Representations Regarding Cybersecurity Compliance/Capabilities: An Increasingly Fertile Ground for Bid Protests

Scott A. Schipma focuses his practice on government contracts, public and private construction disputes, and related insurance matters. He counsels and represents clients on a wide range of publicly-funded contract issues, including award decisions, subcontracting, regulatory compliance, data rights, cybersecurity, cooperative agreements, contract terminations, mergers and acquisitions, lender financing, and the preparation and litigation of complex claims related to contract changes. Scott represents clients in bid protests before various state and federal agencies, boards, and forums, including the General Accountability Office (GAO), the U.S. Court of Federal Claims (COFC), the Small Business Administration (SBA), the U.S. Department of Energy (DOE), the Federal Transit Administration (FTA), the United States Postal Service (USPS), and the Federal Aviation Administration (FAA) through the Office of Dispute Resolution for Acquisition (ODRA). Scott's practice also involves advising and representing clients involved in the construction and insurance industries. He assists clients with the prosecution and defense of claims and disputes involving national and international construction and development projects in various forums, including state and federal courts, industry arbitration panels, international arbitrations, federal and state boards, and mediations. Before entering private practice, Scott began his legal career as an Attorney Advisor to the U.S. Navy's Naval Air Systems Command, where he advised senior leadership regarding the negotiation, award, and administration of aircraft and related weapon-systems procurements. While with the Navy, he also served as Claims Counsel for the Command, and was responsible for the resolution of numerous contractor claims.

Aaron M. Levin focuses his practice on government contracts litigation before the Government Accountability Office (GAO), U.S. Court of Federal Claims, Armed Services Board of Contract Appeals, and Small Business Administration. Bringing a wide range of experience working for government agencies, he advises companies on all stages of federal acquisitions and government procurements, from solicitation to contract administration, to claims and litigation. Serving as Assistant General Counsel in the Contracts Group of the Office of General Counsel for the United States Department of Defense, Aaron reviewed and advised on federal government contracts to operate and maintain the Pentagon and the DoD’s associated facilities. He also identified and addressed government contracting regulatory and compliance issues relating to the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement (FAR/DFARS), cyber, intellectual property (IP), audits, disputes, bid protests, equitable adjustments, investigations, agreements, lawsuits, and claims. Previously, Aaron served as an Ethics Specialist in the Office of Ethics of the United States Department of Agriculture, where he advised USDA employees and political appointees on topics raised by the Ethics in Government Act, such as gifts of travel, financial conflicts of interest, misuse of position, appearance issues, the Procurement Integrity Act, the Hatch Act, and lobbying. In this role, he reviewed, certified, and advised on financial disclosure reports to mitigate potential ethics violations. He also prepared and delivered ethics trainings, drafted agency responses to congressional inquiries, client recusal agreements, and referrals to the Inspector General.