Eric W. Leonard

Eric represents clients on all aspects of federal, state, and local procurement matters, including government contracts compliance issues, compliance with federal labor initiatives such as the Service Contract Act (SCA) and the Davis-Bacon Act (DBA), Equal Employment Opportunity (EEO) obligations and Office of Federal Procurement Programs (OFCCP) issues, bid protests, contract disputes and termination litigation, mergers and acquisitions, government investigations, suspension and debarment matters, and False Claims Act actions. Eric also assists clients with employment and labor issues such as compliance with the Fair Labor Standards Act (FLSA) and federal or state sick leave requirements, as well as matters involving noncompete agreements and/or employee termination. His experience includes representation of clients before federal agencies, the Government Accountability Office (GAO), Boards of Contract Appeals, and the U.S. Court of Federal Claims and spans virtually all industries involved in contracting with the federal government.

Representative Matters

• Successfully resolved multiple investigations by the U.S. Department of Labor Wage & Hour Division related to compliance with the SCA for several large, multi-billion dollar federal service contractors.
• Successfully represented clients on bid protest matters involving large, high-stakes procurement matters before the GAO and at the U.S. Court of Federal Claims.
• Litigated contract payment dispute at the Armed Services Board of Contract Appeals (ASBCA) involving a complex, innovative energy savings procurement.
• Represented clients successfully in connection with numerous contract termination (both default and convenience) claims and litigation. These matters have been successfully resolved both through negotiation, as well as through litigation.
• Conducted investigation into compliance with DBA by multiple subcontractors performing under a grant funded through the American Recovery and Reinvestment Act (ARRA).
• Advised numerous clients on a wide range of government contracts compliance issues including development of mandatory disclosure programs and assessment of obligations under recent federal contractor vaccine mandate initiatives.
• Developed government contracts compliance plans and manuals for large government contract clients as well as commercial companies new to the federal procurement space and conducted compliance audits designed to test a contractor's compliance with applicable federal statutory and regulatory requirements.
• Assisted numerous clients with issues arising under the SCA including assessment of coverage by the SCA and related counseling, representation in connection with Department of Labor SCA compliance audits, and development of tailored strategies for ensuring compliance with SCA and DBA fringe benefit requirements.
• Assisted clients with interpretation of obligations under collective bargaining agreements (CBAs) entered into under SCA and DBA covered contracts.
• Served as government contracts special counsel in multi-billion dollar government contracts bankruptcy matter. Developed novel novation strategies in connection with asset sales by the bankruptcy estate and assisted with developing resolution strategies for the settlement of government claims against the estate.
• Assisted numerous clients in preparing responses to grand jury subpoenas and inspector general subpoenas on large-scale government investigation matters at times prompted by underlying qui tam suits.
• Regularly counsels clients on teaming agreement and subcontracting matters, small business questions, prevailing wage issues associated with the 2021 Infrastructure Investment and Jobs Act (IIJA) funded grants or contract opportunities, and other issues related to compliance with socioeconomic obligations and U.S. preference statutes and regulations such as the restrictions associated with the acquisition of specialty metals.

Professional Experience

• Adjunct Professor, George Mason University School of Law (Spring 2007, Fall 2006, Spring 2003)

Affiliations

• American Bar Association (ABA), Section of Public Contract Law (1997-Present)
  • Co-Chair, Employment Safety and Labor Committee (2018-2021)
  • Vice-Chair, Employment Safety and Labor Committee (2017-2018)
  • Vice-Chair, Debarment and Suspension Committee (2009-2016)
  • Vice-Chair, Procurement Fraud Committee (2004-2016)
  • Bid Protest Committee (1997-Present)
  • Services Contracting Best Practices Task Force (2011)
  • Editor, Public Contract Law Journal (2000-2005)
• Fellow, American Bar Foundation (ABF)
• Fairfax County Chamber of Commerce
  • Co-Chair, GovCon Communications Committee (2008-2010)
• National Contract Management Association (NCMA) (1997-Present)
• Northern Virginia Technology Council (NVTC), B2G Committee (2006-Present)
• Professional Services Council (PSC) (2003-Present)

Recognitions

• Named to Law360’s Government Contracts Employment Authority Wage & Hour Editorial Advisory Board (2022-2023)