Kevin represents Government contractors in audits, investigations, and all other areas of Government contracting. He also handles software audits – he represented Mars, Inc. and Oregon in high-profile disputes with Oracle, and has defended software audits involving claims exceeding $3.2 billion.
For over fifteen years, Kevin has represented Government contractors in recovering costs on Government contracts and grants, and, at least as often, helping clients retain funds at issue in cost audits, internal investigations, and whistleblower suits. He has extensive experience with FAR cost principles, cost accounting standards, certified cost and pricing data, and recovering funds through REAs and claims.
Kevin’s audit defense experience also includes software license audits. He is nationally known for defending Mars in an Oracle audit – and bringing suit to briskly resolve that matter. Services include: counseling on rules for measuring deployment in virtualized environments; assessing potential exposure; negotiating audit scope; developing plans to minimize software deployment; defending claims of “indirect use;” and, when appropriate, negotiating software license agreements.
Kevin advises clients on the Government’s rights in intellectual property that arise when Government funds are used to invent or develop technical data and software, and he assists clients in developing and pursuing strategies to protect intellectual property rights. He also spends significant time advising on cybersecurity rules that apply when processing, transmitting, or storing Government data.
In addition, Kevin advises clients in regard to the full range of public policies that are advanced by the procurement system, including: domestic preferences (Buy American Act, Trade Agreements Act, Berry Amendment, etc.); small business and small disadvantaged business preferences; and labor and employment policies (EO/AA; prevailing wages; SOFAs). He counsels commercial companies entering the Government space and holding GSA schedule contracts.
