AREA OF PRACTICE

Litigation & Arbitration

Biography

Shlomo Katz is a member of the Litigation Department, where he focuses on the areas of government contracts / procurement and commercial law and litigation, wage and hour law and construction law. Shlomo has significant experience in preparing, negotiating and litigating contract claims and bid protests, as well as advising clients on contract compliance, small business, subcontracting, data rights and labor law issues under government contracts. He has participated in mergers and acquisitions of government contractors, advising on issues of assignment and novation, intellectual property / data rights, and security clearances. Shlomo has successfully litigated before federal, state and local courts and the Government Accountability Office and Boards of Contract Appeals.

In addition, Shlomo represents clients in connection with minimum wage, working time and overtime issues under the Federal Fair Labor Standards Act (FLSA), Service Contract Act (SCA), Davis-Bacon Act, federal Executive Orders and state wage payment and prevailing wage laws. This includes conducting proactive wage-hour audits for employers as well as litigation of minimum wage, overtime and wage payment claims by federal and state labor departments and private litigants, including class actions. Shlomo also has represented parties in wrongful termination and discrimination cases before the Equal Employment Opportunity Commission and in federal court.

Shlomo is fluent in Hebrew and is registered to practice architecture in Israel.

Representation

Successfully opposed a bid protest against a $150 million award to Mantech Advanced Systems International – Sotera Defense Solutions, Inc., B-414056, 2017 CPD ¶46.

Successfully opposed application for a temporary restraining order and motions for preliminary and permanent injunctions against award of a contract to Seaward Services, Inc. – Munilla Construction Management LLC v. United States, 130 Fed.Cl. 131 (2016) & 130 Fed.Cl. 635 (2017).

Successfully opposed a size protest challenging the small business status and eligibility for contract award of McMurdo, Inc., and assisted the client in winning a favorable size determination – Size Appeal of ACR Electronics, Inc., No. SIZ-5770 (2016).

Successfully opposed multiple bid protests against the award of a multi-billion dollar multiple award contract to Information Innovators, Inc. – Pro-Sphere Tek, Inc., B-410898.11, 2016 CPD ¶201; SBG Technology Solutions, Inc., B-410898.9, 2016 CPD ¶199.

Successfully opposed a bid protest of a contract award to Information Innovators, Inc. that raised novel issues relating to compliance with the Federal Information Security Management Act of 2002 (“FISMA”) – Discover Technologies LLC, B-412773, 2016 CPD ¶142.

Represented EJB Facilities Services in pursuing a claim for additional costs of elevator maintenance based on the government’s misinterpretation of the specifications; successfully opposed the government’s motion for summary judgment and then negotiated a favorable settlement – EJB Facilities Services, ASBCA No. 57434, 12-1 BCA ¶34964.

Successfully defended the small business status of Rome Research Corporation and its eligibility for contract award – Size Appeal of Cambridge International Systems, Inc., SIZ-5516 (2013).

Successfully opposed multiple bid protests against the award of a $120 million contract to Portage, Inc. — TPMC-EnergySolutions Environmental Services, LLC, B 406183, 2012 CPD ¶ 135; Gonzales–Stoller Remediation Services, LLC, B 406183.2, .3 & .4, 2012 CPD ¶ 134.

Won dismissal of a Lanham Act suit brought by an incumbent contractor against a bidder for a follow-on contract, and won dismissal of various state law claims against the client and three of its employees – Kratos Defense Engineering Solutions, Inc. v. NES Associates, LLC et al, Case No. 10-1452 (E.D. Va., Mar. 23, 2011).

Represented Sabreliner Corporation and assisted the U.S. Air Force in upholding the contracting officer’s determination that the awardee’s contract performance would not pose an organizational conflict of interest (OCI) – Protest of Valdez Corporation, B-402256.3, 2011 CPD ¶13.

Won summary judgment on behalf of a Government contractor that was sued in the U.S. District Court in California for alleged copyright infringement and breach of license, persuading the court that the Government, not the contractor, was the proper defendant – BMMsoft, Inc. v. White Oaks Technology, Inc., No. C-09-4562 MMC, 2010 WL 1875727 (N.D. Cal., May 7, 2010) and 2010 WL 3340555 (N.D. Cal., August 25, 2010).

Developed litigation strategy and conducted discovery and motion practice in both the U.S. Court of Federal Claims and the U.S. Civilian Board of Contract Appeals leading to successful multi-million dollar settlement of approximately 30 changes claims under a Government contract – CH2M HILL Hanford Group, Inc. v. U.S. Department of Energy (2009). (Along the way, Shlomo won a procedural victory in CH2M Hill Hanford Group, Inc. v. U.S., 82 Fed.Cl. 139 (2008)).

Persuaded the Civilian Board of Contract Appeals to dismiss a Government counterclaim against the client – USProtect Corp. v. Department of Homeland Security, CBCA 65, 08-1 BCA ¶ 33782 (2008).

Led the appeals court to reverse the Armed Services Board of Contract Appeals and grant summary judgment to the contractor on its SCA price adjustment claim – Lear Siegler Services, Inc. v. Rumsfeld, 457 F.3d 1262 (Fed. Cir. 2006).

Successfully opposed a bid protest against a multi-million dollar contract award to Ashton-Potter, even though the awarding agency agreed with the protestor that proposal evaluation was flawed – Banknote Corporation of America, Inc. v. United States, 365 F.3d 1345 (Fed. Cir. 2004).

Persuaded the Federal Circuit to void Freedom, NY, Inc.’s release of its claims – Rumsfeld v. Freedom, NY, Inc., 329 F.3d 1320 (Fed. Cir. 2003).

Defended a major subway system against a $47 million claim by one of the Metro’s construction contractors – KiSKA-Kajima v Washington Metropolitan Area Transit Authority.

Represented a contractor in a successful bid protest against the Army’s exclusion of the contractor from bidding on an aircraft maintenance contract – Fabritech, Inc., B-298247, 2006 CPD ¶112.

Represented a contractor in successfully overturning the award of a multi-year Navy contract to a competitor – Burns and Roe Services Corporation, B-291530, 2004 CPD ¶85.

Represented a contractor in successfully protesting the award of a sole-source contract to its competitor – Protest of Sabreliner Corporation, B-288030, 2001 CPD ¶170.

Won partial summary judgment and negotiated favorable settlement for subcontractor in connection with a dispute arising from a DOE subcontract – ICF Kaiser Hanford Company v. Westinghouse Hanford Co. (E.D. Wash., Mar. 30, 1999).

Won partial summary judgment for contractor in connection with the Army’s denial of an unabsorbed overhead claim and then negotiated favorable settlement – BEI Defense Systems Co., ASBCA No. 46399, 95-1 BCA ¶27,328.

Successfully represented contractor in persuading the ASBCA to vacate its prior denial of the contractor’s $21 million claim and to schedule a new hearing, ultimately leading to a multi-million judgment for the contractor – Freedom, NY, Inc., ASBCA No. 43965, 96-2 BCA ¶28,502.

Successfully represented contractor in connection with a size protest – C&D Security Management, Inc.fe, SBA No. SIZ-4823 (O.H.A. 2006).

Education

George Washington University Law School – J.D., 1990
University of Maryland School of Architecture – B.S., 1986

Bar Admissions

District of Columbia
Maryland
US Court of Appeals for the Federal Circuit
US Court of Appeals for the Fourth Circuit
US Court of Federal Claims

Languages

Hebrew
Publications
Shlomo has written or been quoted in dozens of articles on government contracts and wage & hour topics, including:
Author, "So, You're Thinking about Government Construction Contracts?" (May 2018)
When Bid Protester Is Promised Agency Fix And Doesn't Get It, (Law360, July 11, 2018)
Embrace Holiday Volunteering With Caution, FLSA May Apply, (Law360, Nov. 16, 2017)
When Exempt Employees Don’t Meet Performance Expectations, (Employment Law360, Nov. 1, 2017)
Rule Changes Create New Opportunities for Small Businesses (Bloomberg BNA Federal Contracts Report, August 2, 2016)
New Overtime Regulations Expand Service Contract Act Coverage, (Bloomberg BNA Federal Contracts Report, June 7, 2016);
A Refresher Course on Affirmative Responsibility Determinations (Government Contracts Law360, Jan 13, 2015);
Follow the ‘Year of Action’ with a Year of Preparation (Government Contracts Law360, Nov. 11, 2014);
Using Common Sense with the FLSA: Dictionaries and the Sandifer Decision (Employer’s Guide to the Fair Labor Standards Act, April 2014);
Affordable Care Act Traps for the Unwary Government Contractor (Government Contracts Law360, Nov. 18, 2013);
The FLSA at 75: Persistent Challenges (Fair Labor Standards Handbook, July 2013);
Work Furloughs as a Result of Sequestration - How to Pay Exempt Employees (HR Compliance Expert Daily Alert, Feb. 27, 2013);
How to Avoid Sequestration Wage and Hour Problems (Corporate Counsel Alert, Feb. 22, 2013);
The Blizzard of 2013: Tips for Employers That Are Still Digging Out (HR Compliance Expert Daily Alert, Feb. 12, 2013);
Budget Cuts: Don't Forget About Your Rights, Contractors (Government Contracts Law360, Jan. 30, 2013);
Big Teams Don’t Mean Big Conflict of Interest Problems (Government Contracts Law360, Sept. 17, 2012);
How to Avoid a Contract Protest (Washington Technology, March 22, 2012);
New Year’s Resolutions to Keep You in Good Standing DOL, Employees (Employer’s Guide to the Fair Labor Standards Act, Jan. 2012).
Shlomo is co-author of, and writes regular supplements for, the following publications (all published by Thompson Information Services):
Federal Contractor’s Guide to Employment Law Compliance
Employer’s Guide to the Fair Labor Standards Act
The Fair Labor Standards Handbook for States, Local Governments, and Schools
The FLSA Employee Exemption Handbook
The Public Employer’s Guide to FLSA Employee Classification
Do I Have to Pay My Employee for This? FLSA Working Time Essentials
Smart Guide to FLSA Exemptions
FLSA Overtime Basics
Shlomo also contributes a regular “Legal Corner” column to the Executive Summary, the e-zine of the Association of Proposal Management Professionals - National Capital Area Chapter (“APMP-NCA), addressing legal issues relating to the preparation of proposals for Government contracts. Topics have included:
Winning Orals (Vol. 25, No. 1, Spring 2018);
What’s In a Word? (Vol. 21, No. 2, Spring 2014);
Competitive Intelligence - Know Thy Enemy (Vol. 20, No. 4, Fall 2013);
Social Media and the Law (Vol. 19, No. 1, Winter 2013);
Ten Ways to Write a Losing Proposal (Vol. 18, No. 4, Fall 2012);
Myth-Busters vs. Capture Planners (Vol. 18, No. 3, Summer 2012);
Oral Presentations (Vol. 17, No. 3 Summer 2011);
Locking-up Your Team (Vol. XV, No. 4, Fall 2009);
Protect Your Investment (Vol. XV, No. 3 Summer 2009).
Shlomo also is a contributor to Brown Rudnick’s Government Contracts blog
Speaking Engagements
After Trump’s First 100 Days: What Remains of Obama’s Labor Law Legacy?
Labor Rule Changes: What Government Contractors Should Do to Prepare
Exempt or Nonexempt? Avoiding the High Cost of FLSA Misclassification
Federal Acquisition Regulation (FAR) Workshop
Interns, Volunteers and Seasonal Workers: Avoiding Wage-Hour and Other Legal Troubles
Failing to Properly Compensate Employees Can Be Costly: Tips to Ensure FLSA Compliance
Understanding the Cost/Price Volume So You Win Contracts, Make Money, and Stay Out of Jail
Are Your Wage-Hour Policies Smartphone Smart?
Why Do We Do What We Do? Understanding the Theories and Formalities Behind the Procurement Process
Employment of Interns and Seasonal Workers: How to Avoid Potential Wage-Hour and Other Employment Law Trouble
Whether you're large or small, make the small business rules work for you!
When to Ask for Counsel: An Attorney’s View of the Proposal Process
The Legal Implications of Words: Avoiding Undesirable Consequences
Professional Affiliations
Member, District of Columbia Bar, Government Contracts and Litigation Section
Association of Proposal Management Professionals