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QuantiTech, Qualis Beat Air Force Contract Retaliation Suit

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Morrison & Foerster partner Damien Specht and associate Locke Bell successfully represented client QuantiTech Inc. in a False Claims Act (FCA) case.



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Morrison & Foerster partner Damien Specht and associate Locke Bell successfully represented client QuantiTech Inc. in a False Claims Act (FCA) case.An information security manager failed to show that QuantiTech Inc. and its subcontractor Qualis Corp. violated the FCA by firing him in retaliation for calling attention to what he believed were irregularities and a cybersecurity vulnerability under a program management contract for the U.S. Air Force, an Alabama court ruled. The court also rejected claims that the companies violated the National Defense Authorization Act (NDAA) and Florida Whistleblower Protection Act.Read the <a href="https://www.bloomberglaw.com/bloomberglawnews/exp/eyJjdHh0IjoiRkNOVyIsImlkIjoiMDAwMDAxNzctODgzMy1kNDk0LWFiN2YtOTlmNzM4MTgwMDAxIiwic2lnIjoidk11aGVTcDgzM0NRa1Z5c01Sa2o3SDAxUXlVPSIsInRpbWUiOiIxNjEyOTU4NzczIiwidXVpZCI6Im5vZmhkam55bk50R3gzQnBXVy9YaWc9PUFYVEFBaDFqMCtpOFRYZ3Z1Vk9kMkE9PSIsInYiOiIxIn0=?bwid=00000177-8833-d494-ab7f-99f738180001&cti=LFVL&emc=bfcnw_nl%3A6&et=NEWSLETTER&item=headline&qid=7056631&region=digest&source=newsletter&uc=1320010039&usertype=External" target="_blank">full overview</a>.

QuantiTech, Qualis Beat Air Force Contract Retaliation Suit

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Damien is a partner in the firm’s Government Contracts & Public Procurement practice. Damien represents clients in all facets of government contracts transactions, as well as regulatory counseling, subcontract and teaming agreement negotiations, contract disputes, size protests, and protests. Damien has been recognized as a leading Government Contracts lawyer by various publications. Chambers USA explains that he “is a strong choice for advising government contractors on M&A transactions,” with sources saying that he has “excellent knowledge of government contracts M&A” and that “his biggest strength is that he is very commercial, thinking about both the legal and business side of things.” National Law Journal named him a Trailblazer and found that federal lawmakers turn to him when they “need expert advice about small-business policy.”Damien has played a significant role in more than 200 government contracts transactions, representing industry leaders, private-equity firms and entrepreneurs. He also regularly serves as lead counsel in high-stakes litigation, including pre- and post-award protests at the GAO, the U.S. Court of Federal Claims, and state tribunals, as well as in size protests and appeals.The co-editor of books on small business litigation and government contracts transactions, Damien was a founding member of the ABA Public Contract Law Section Mergers and Acquisitions Committee and serves in the leadership of the American Bar Association Small Business & Other Socioeconomic Programs Committee. Damien has testified about procurement issues before the United States House of Representatives.<h4>GAO PUBLISHED DECISIONS</h4><ul><li>Dawson Solutions, LLC, B-418587, B-418587.2, Jun. 19, 2020, 2020 CPD ¶ 216</li><li>LATA-Atkins Technical Services, LLC, B-418602,B-418602.4, Jun. 10, 2020, 2020 WL 3265159</li><li>Inquiries, Inc., B-418486, B-418486.2, B-418486.3, May 27, 2020, 2020 WL 3034820</li><li>BEAT, LLC, B-418235, B-418235.2, Jan.30, 2020, 2020 CPD ¶ 64</li><li>Battelle Memorial Institute, B-416263.5, Jan. 23, 2020, 2020 WL 508726</li><li>ASRC Federal Data Network Technologies, LLC, B-418028; B-418028.2, Dec. 26, 2019, 2019 WL 7370424</li><li>IPKeys Technologies, LLC, B-416873.2, B-416873.3, Apr. 5, 2019, 2019 CPD ¶138</li><li>ActioNet, Inc., B-416557.4, February 27, 2019, 2019 CPD ¶ 97</li><li>Advanced Software Systems, Inc., B-414892.2, B-414892.3, B-414892.4, B-414892.5, B-414892.6, Jan. 7, 2019, 2019 CPD ¶ 51</li><li>Chenega Healthcare Services, LLC, B-416158, Jun. 4, 2018, 2018 CPD ¶ 200</li><li>Federal Acquisition Services Alliant JV, LLC, B-415406.2, B-415406.3, April 11, 2018, 2018 CPD ¶ 139</li><li>VT Halter Marine, Inc., B-415510.2, B-415510.3, B-415510.4, Jan. 24, 2018, 2018 CPD ¶ 62</li><li>OBXtek, Inc., B-415258, Dec. 12, 2017, 2017 CPD ¶ 381</li><li>Katmai Health Services, LLC, B-413816.3, Jul. 12, 2017, 2017 CPD¶ 220</li><li>Verdi Consulting, Inc., B-414103.2, B-414103.3, B-414103.4, Apr. 26, 2017, 2017 CPD ¶ 136</li><li>Threat Management Group, LLC, B-413729, Dec. 21, 2016, 2017 CPD ¶ 9</li><li>Analytic Strategies LLC; Gemini Industries, Inc.; B-413758.2, B-413758.3, Nov. 28, 2016, 2016 CPD ¶ 340</li><li>Kollsman, Inc., B-413485, B-413485.2, B-413485.3, Nov. 8, 2016, 2016 CPD ¶ 326</li><li>The Boeing Company, B-412441, Feb. 16, 2016, 2016 CPD ¶ 269</li><li>Ball Aerospace & Technologies Corp., B-411359; B-411359.2, Jun. 16, 2015, 2015 CPD¶ 219</li><li>IAP World Services, Inc.; EMCOR Government Services, B-407917.2, B-407917.3, B-407917.4, B-407917.5, B-407917.6, B-407917.7, 2013 CPD ¶ 171</li><li>AT&T Government Solutions, Inc. , B-406926, B-406926.2, B-406926.3, B-406926.4, B-406926.5, B-406926.6, 2013 CPD ¶ 88</li><li>Weibel Equipment, Inc., B-406888, B-406888.2, 2012 CPD ¶ 279</li><li>O'Gara Training and Services, LLC, B-404901.2, 2011 CPD ¶ 171</li><li>Harrington, Moran, Barksdale, Inc., B-401934.2, B-401934.3, 2010 CPD ¶ 231</li><li>CIGNA Government Services, LLC, B-401068.4, B-401068.5, 2010 CPD ¶ 230</li><li>ITT Corporation, Systems Division, B-310102.6, B-310102.7, B-310102.8, B-310102.9, 2010 CPD ¶ 12</li><li>FedSys, Inc., B-401453, 2009 CPD ¶ 181</li><li>Academy Facilities Management, B-401094.3, 2009 CPD ¶ 139</li><li>Honeywell Technology Solutions, Inc., B-400771; B-400771.2, 2009 CPD ¶ 49</li><li>TrailBlazer Health Enterprises, LLC, B-310801.6, B-310801.7, B-310801.10, 2013 CPD ¶ 204</li><li>Evans Security Solutions, Inc. , B-311035, 2008 CPD ¶ 58</li><li>DRS C3 Systems, LLC, B-310825; B-310825.2, 2008 CPD ¶ 103 </li></ul><h4>COFC PUBLISHED DECISIONS</h4><ul><li>HomeSource Real Estate Asset Servs. v. United States, No. 10-416 C, 94 Fed. Cl. 466 (Fed. Cl. 2010)</li><li>ACTA, LLC v. United States, No. 20-356C</li><li>Chenega Healthcare Servs., LLC v. United States, No. 18-861C, 141 Fed. Cl. 254 (Fed. Cl. 2019)</li><li>Trans Digital Techs., LLC v. United States, No. 18-121C, 138 Fed. Cl. 34 (Fed. Cl. 2018)</li><li>Precise Sys. v. United States, No. 14-1174C, 122 Fed. Cl. 263 (Fed. Cl. 2015)</li><li>Palladian Partners, Inc. v. United States, No. 14-317C, 119 Fed. Cl. 417 (Fed. Cl. 2014)</li><li>Pyramid Real Estate Servs., LLC v. United States, No. 10-599 C, 95 Fed. Cl. 613 (Fed. Cl. 2010)</li><li>Acad. Facilities Mgmt. v. United States, No. 09-302C, 87 Fed. Cl. 441 (Fed. Cl. 2009)</li><li>L-3 Communs. EOTech, Inc. v. United States, No. 08-515 C, 83 Fed. Cl. 643 (Fed. Cl. 2008)</li></ul>

Damien C. Specht

Partner

Locke Bell is a partner in the firm’s Government Contracts & Public Procurement practice.Locke is a recognized authority on intellectual property in government contracting, which he teaches as an adjunct professor at the George Washington University Law School. Locke is a trusted counselor, litigator, and strategic partner to technology-driven clients as they engage with the U.S. government and others in the complex landscape of public procurement, grants, and government-sponsored initiatives, including nontraditional acquisition methods such as other transaction agreements (OTs or OTAs), cooperative research and development agreements (CRADAs), and the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. He represents clients across all industries, including aerospace and defense, commercial software and information technology, and healthcare, pharmaceuticals, and biotechnology, on issues that arise throughout the full lifecycle of engagement with federal, state, and local governments.As a litigator, Locke represents clients in data rights challenges and claims related to patent and copyright infringement, trade secrets misappropriation, and reverse-FOIA disputes, as well as complex contract claims, bid protest, and civil fraud and qui tam actions under the False Claims Act. Locke also regularly advises clients on government contracting issues in transactional matters, having guided large and small businesses, private equity firms, and entrepreneurs through more than a hundred mergers and acquisitions. He is a skilled negotiator of commercial and noncommercial licensing agreements, contracts and subcontracts, and teaming agreements, and he is intimately familiar with selling commercial software and other products through the GSA Federal Supply Schedules and other government-wide acquisition vehicles, such as NASA SEWP and DoD ESI, having acted in an in-house capacity on secondment to a large, publicly traded commercial software company.Locke has been recognized as a Rising Star by Law360 and the National Law Journal. Locke is also involved in the American Bar Association, where he formerly served as co-chair for the Intellectual Property Committee of the Section of Public Contract Law.Locke holds a B.S. in mechanical engineering from the University of Virginia and previously worked at the U.S. Patent and Trademark Office as a patent examiner, specializing in mechanical arts. He earned his J.D. with honors from the George Washington University Law School, where he received the Patricia A. Tobin Government Contracts Award for excellence in government contracts law. Locke also clerked for Judge Mary Ellen Coster Williams at the Court of Federal Claims.

Locke Bell

False Claims Act

Government Contracts + Public Procurement