Dan Graham leads the Government Contracts practice. Highly regarded in Government Contracts litigation, Dan Graham has over two decades of experience assisting clients across industry sectors on bid protests, Contract Dispute Act appeals, prime and subcontractor disputes and commercial litigation.
Chambers USA has ranked Dan in Band 1 for Government Contracts (Nationwide). A client quoted by Chambers said “He is a star in this field. The client added, “No task is too large or too small for Dan to take on and excel at. He has provided advice which has resulted in several great outcomes” (2019).
Dan has litigated cases before the US Court of Federal Claims (COFC), the US Court of Appeals for the Federal Circuit, the Government Accountability Office (GAO) and the Boards of Contract Appeals, as well as before Federal District Courts and Courts of Appeals across the country.
In addition, Dan advises clients on cost accounting matters, identifying and resolving organizational and personal conflicts of interest, mergers and acquisitions, business restructurings and reorganizations, internal investigations and suspension and debarment proceedings. Dan also counsels clients on complying with ethics laws and regulations, including post-employment restrictions applicable to government employees.
Dan is committed to pro bono service, and has argued before the US Court of Appeals for the Federal Circuit and the US Court of Appeals for Veterans Claims in several veterans’ benefits cases.
Dan also clerked for the Honorable D. Brooks Smith for the US Court of Appeals for the Third Circuit and the Honorable Christine Odell Cook Miller for the US Court of Federal Claims.
Successfully challenged the award of a $268 million contract by the Department of Defense in a protest at GAO, resulting in the disqualification of the awardee and the award of the contract to the client; successfully defended separate GAO, then COFC protests by the disqualified awardee; and successfully defended the disqualified awardee’s appeal of the COFC decision to the US Court of Appeals for the Federal Circuit*
In an agency level protest, persuaded the contracting officer to remove an organizational conflict of interest provision that effectively excluded the client from the competition, and then successfully defended a GAO protest filed by a competitor seeking to reinstate the restrictive provision*
Led a team that successfully challenged the award of a $60 million task order by the Centers for Medicare and Medicaid Services; after defeating the awardee’s motion to dismiss, the agency took corrective action, allowed the client to submit a revised proposal, and ultimately awarded the client the contract*
On behalf of a leading IT services company, successfully protested a $54 million Department of Defense award; the protest was sustained on multiple grounds, including the awardee’s organizational conflict of interest and a flawed price realism evaluation*
Disputes & Appeals
Represented a contractor in appeals to the Civilian Board of Contract Appeals involving cost accounting claims by and against a Government agency collectively valued at over $60 million, obtaining a favorable settlement for the client*
Represented two Medicare services contractors in separate lawsuits before the US Court of Federal Claims regarding adjustments of previously determined pension costs under CAS 413; both cases were settled favorably for the clients*
Represented a government contractor in multiple proceedings involving the Maryland Health Insurance Exchange, including prime/subcontractor litigation in Federal District Court in Maryland and arbitration before the American Arbitration Association*
In arbitration before the American Arbitration Association, successfully defended a seller of a Government services business against claims by the buyer for indemnification under an asset purchase agreement
Successfully represented a nonprofit consulting firm in a civil action in the Circuit Court for Fairfax County, Virginia, seeking injunctive relief against a business partner that sought to violate an exclusivity clause in a teaming agreement*
Successfully represented a contractor in appeals to the Armed Services Board of Contract Appeals challenging terminations for default*
Represented a major aerospace and defense contractor in an appeal over the cost impact of changes made to the contractor’s disclosed accounting practices*
Represented a major Federal IT services contractor in an FCA investigation conducted by the US Attorney’s Office for EDVA in which the Government closed its file without action*
Represented a professional services contractor in a joint Federal/State FCA investigation regarding fraud in the inducement allegations concerning a major IT development contract*
Defended a large government contractor in False Claims Act retaliation claims filed by a former employee in Federal District Court*
Mergers & Acquisitions
Represented a major IT and professional services contractor in the sale of a subsidiary performing Medicare program integrity services*
Represented a health services company in the sale of assets associated with a Medicare benefits coordination and recovery center contract*
Represented large commercial healthcare insurer in the sale of a wholly owned subsidiary established to perform Medicare services*
William & Mary Law School, JD, Order of the Coif, 2001
The Johns Hopkins University, BA, 1996
District of Columbia
US Court of Federal Claims
US Court of Appeals for the Federal Circuit
US Supreme Court
US District Court for the District of Columbia
Federal District Court for the District of Maryland
Federal District Court for the Eastern District of Virginia
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