Listed in The Best Lawyers in America® 2014, an honor based on an exhaustive peer-review process.
Received the highest ranking for legal ability and professional ethics from the Martindale-Hubbell Peer Review Ratings.
Robert E. Gregg
Robert Gregg focuses his practice on mergers and acquisitions (M&A), general business representation and government contract counseling with an emphasis on representing companies providing products and services to the US government. He has been listed in The Best Lawyers in America since 2010. In 2009 he was named part of the Legal Elite by the readership of Washington SmartCEO
Bob’s general business representation includes counseling clients with respect to the organization of technology companies, acquisitions and sales of businesses, protection of trade secrets, licensing of technology and computer software, and venture capital investments. Since 2004, he has been involved in more than 35 M&A transactions involving government contractors.
His government contract practice includes counseling with respect to proposal preparation, teaming agreements and subcontracts, suspensions and debarments, protests to the Government Accountability Office (GAO), questions of contract interpretation and performance, compliance with contract cost regulations, technical data rights, and claims and appeals under government contracts. Each year he typically will be involved in multiple representations of successful and unsuccessful offerors in protests before the GAO.
Bob regularly presents seminars on topics of interest to business. His most recent presentations include “The Disclosure Dilemma Created by a Partially Unsealed Qui Tam Complaint,” “Organizational Conflicts of Interest,” “Corporate Ethics – Doing the Right Thing,” “Undefinitized Contract Actions,” “Scope of FAPIIS Reporting Requirements,” “Due Diligence Investigations in Acquisitions of Government Contractors,” “Mergers and Acquisitions of Government Contractors – A Primer for Executives,” “Introduction to Teaming, Strategic Alliances and Joint Ventures for Government Contractors” and “The Venture Capital Term Sheet – A Primer for the Entrepreneur.”
Bob is a member of the Business Law and Public Contract Law Sections of the American Bar Association (ABA) and has served as a state and division chair of the ABA Public Contract Law Section. He also is involved in a variety of civic and business organizations.
- Helped a public professional services company revise its code of business ethics and conduct and develop a business ethics awareness and compliance program to comply with the requirements of FAR §52.203-13, which engagement included drafting an overall compliance program that set forth the responsibilities of the Board of Directors, Audit Committee, Compliance Committee, Chief Ethics and Compliance Officer, other members of management, supervisors and employees and supporting the company’s ongoing efforts to implement the program.
- Helped a professional services client establish a contractor team agreement among three holders of General Services Administration Federal Supply Schedule contracts, which agreement covered developing a team solution, proposing the solution as a “contractor team arrangement” and performing any resulting task orders issued by the government agency customer and included provisions addressing each team member’s responsibilities for proposal activities and order fulfillment.
- Represented a public company in an all cash stock acquisition of a private middle market government contractor. Because there were outstanding stock appreciation rights (SAR) and stock options that had to be cancelled at closing, the agreement addressed taxes to be withheld from the closing cancellation payments and any amounts released to the former SAR and option holders from the general indemnity escrow. Because one of the stockholders as an employee stock option plan (ESOP) the agreement had separate indemnification limitations and a separate escrow for the ESOP.
- Represented a public company in its acquisition of a middle market company performing services for the intelligence community. The acquisition was a reverse triangular merger. The merger consideration was subject to a net asset adjustment, an adjustment for certain withholding taxes and a post-closing earn-out. Because of certain tax issues relating to the target’s pre-closing distribution of the shares of a wholly-owned subsidiary, the merger agreement had special provisions relating to filing an amended post-closing tax return. A Hart-Scott-Rodino Act filing was a condition of closing.
- Represented an unsuccessful offeror before the GAO in a protest of the award of a US$212 million contract by the Department of Homeland Security, Transportation Security Administration (TSA), for the operation and maintenance of the Transportation Threat Assessment and Credentialing Operations and Computing Environment at certain facilities, which resulted in TSA’s cancelling the award, amending the solicitation, soliciting revised proposal and making a new award decision (InfoZen, Inc., B-408466.2, Aug. 19, 2013).
- Represented an unsuccessful offeror before the GAO in a protest of the Army's US$20 billion Information Technology Enterprise Solutions-2 (ITES-2) Services contract award resulting in the client receiving an IDIQ award (Multimax, Inc., et al., B-298249.6, et al., Oct. 24, 2006, 2006 CPD ¶ 165).
- Successfully defended multiple protests of an award to a client by the Army for information technology services (AC4S, Inc., File: B-404811.2, May 25, 2011, 2011 CPD ¶ 112; Mission1st Group, Inc., B-404811.3,.6, June 2, 2011, 2011 CPD ¶ 115; Trace Systems, Inc., B-404811.4,.7, June 2, 2011, 2011 CPD ¶ 116).
- Represented American Systems Corporation (AS) in a qui tam action filed in the District Court for the Eastern District of Virginia under the False Claims Act. The case alleged that AS and its subcontractors provided gratuities, received confidential source selection data and submitted invoices under a contract, the award of which by the CIA to AS had been influenced by gratuities and receipt of source selection data. Representation included negotiation of a Settlement Agreement among the government, defendants and relator to dismiss the case and an Administrative Agreement with the CIA’s suspension/debarment official to reinstate AS as a responsible contractor (United States ex rel. Jones v. Anixter International Inc., et al., No. 1:09 Civ. 1011).
Duke University, J.D., 1974United States Military Academy, B.S., 1969
District of Columbia,