All Things of Interest to the Government Contracting Community
David Dempsey practices in the area of U.S. federal, state, and local procurement law and regulations (and international counterparts) and areas related thereto.
Mr. Dempsey has 44 years of experience in laws, regulations, policies and
litigation pertinent to contracting with government agencies and commercial contracting. His areas of expertise and familiarity include rights in technical data and computer software (protection of contractor intellectual property strategies and licensing); cybersecurity compliance (CMMC/NIST/ DFARS/FAR, etc.); IT contracts; commercial item contracting (CIDs, pricing); GSA Schedule contracting (price reduction, BOA issues, defective pricing, etc.); small business issues (size / NAICS appeals, affiliation rules, SBIR/STTR, 8(a) applications); contract terminations; change order proposals / change order accounting; requests for equitable adjustments (e.g., COVID-19); cost principles; R&D contracts; export control compliance programs, planning and agency audits (EAR, ITAR, OFAC); DCAA audits; contract pricing and price adjustments; contingency contracting (e.g., Iraq/Afghanistan operations); contract types (e.g., IDIQ, T&M, cost reimbursement); subcontract issues (e.g., teaming agreements, JV arrangements,
flow down clauses); negotiations and disputes (involving the government as well as prime and
subcontractors); procurement-related labor statutes (e.g., Service Contract Labor Standards Act / Davis Bacon Act obligations and audits, Defense Base / War Hazards Act, Fair Labor Standards Act exemptions); corporate ethics / compliance / governance (and related investigations); mergers & acquisitions (due diligence); A&E contracts; federal grants / audits (OMB Circulars, agency grant regulations); Foreign Military Sales/Foreign Military Funding; foreign sourcing (e.g., “Berry Amendment,” Buy American Act, Trade Agreements Act, NATO MOUs, NAFTA, WTO GPA, country of origin issues, SOFAs, EU procurement); CFIUS filings; industrial security compliance (NISPOM / FOCI); international transactions (contract formation, negotiation, administration, arbitration, litigation); organizational and personal conflicts of interest; Freedom of Information Act strategies; bid protests and contract disputes litigation in all forums; suspension / debarment issues.
Identified by Martindale-Hubbell for “AV Preeminent Rating” (2017-2023); “Rated AV
Preeminent for 25 Years (1991-2016)” (December 2016); American Lawyer Media / Martindale- Hubbell as one of the “Top Rated Lawyers in Technology” (2013); as one of “Virginia’s Top Rated Lawyers”
(2013, 2016, 2018); as one of “Washington, D.C. and Baltimore’s Top Rated Lawyers” (2014, 2015,
2018); and as one of the “Top Rated Lawyers in the DC/Metro Area” (2019). Listed in Marquis Who’s Who as follows: Who's Who in American Law (1991, 1993, 2001, 2015-16; 2019-20); Who's Who in America (1994-95, 1996, 2012-18); Who’s Who in the World (1986, 2015-16); Who's Who in the East (1994); Who's Who of Emerging Leaders in America (1987).
Memberships, Admissions, Government Experience
Professional Services Council (Member 2003-2021); Council of Defense & Space Industry
Associations (Member 1994-2012) CODSIA Operations Committee, Chair (1997-2000),
CODSIA’s Project Officer for the FAR 15 Rewrite; General Counsel to the Contract Services Association (1990-2007) and Chair, CSA Procurement Committee, 1995-98).