All Things of Interest to the Government Contracting Community

​​Albert B. "AI" Krachman, Esq., and Phyllis Bresler

Albert B. "AI" Krachman, Esq. is a partner in the Public Contracts practice group of Blank Rome LLP.

AI has 32 years of experience providing legal counsel to companies that do business with, or desire to do business  with governments, on all aspects of government contracting and government grants.

AI concentrates his practice on assisting clients in these industries:

·         Information Technology

·         Service Contracting

·         Utility Privatization Contracting

·         Health Care Contracting

·         Energy Related Services and Contracting

·         Construction Contracting

·         Schedule and Multiple Award Contracting

·         Grants and Financial Assistance

He counsels  on winning government contracts and grants, solicitation and proposal issues, and strategies to  increase contract profitability at the bidding or grant application stages.  AI represents successful and unsuccessful bidders on bid protests at the agencies, at the Government Accountability Office and in the courts. He counsels on the broad range of compliance and enforcement issues arising from mergers and acquisitions of government contractors, including organizational conflicts of interests, problems under the Small Business Act, international contracting, and security clearance matters. Mr. Krachman’s litigation practice covers internal investigations, defenses of suspensions, debarments or other ethics investigations, whistleblower, contract fraud and False Claims Act  litigation, as well as disputes under information technology contracts, service and supply contracts, construction contracting claims, equitable adjustments, terminations and the like.

AI's government practice spans the civilian and defense agencies and the key vertical sectors within those agencies, such as contracting for energy supplies and services, telecommunications, information technology, IT and guard security services, construction,  and health care services and supplies. From a financial assistance perspective, he advises on federal grant compliance, the SBIR program, defense of grant audits and government repayment claims under grants and non-procurement debarments and suspensions. He also advises on  GSA Schedule and Homeland Security contracting.

AI has authored various articles on a wide span of subjects, including  Small Business Certification Fraud,  Information Security and Military Utility Privatization. He is the co-author of the Homeland Security Law Handbook, and has served as a contributing editor on several publications, including Pricing of Claims, Cases and Materials on Federal Labor Standards, and Contracting for Services.

Select Engagements

·         Negotiated the first 50-year government contract award for total privatization of military base utilities.

·         Successfully modified numerous solicitations enhancing client's competitive position for award or negating competitive advantage of competition.

·         Overturned multi-million dollar default termination at the Armed Services Board of Contract Appeals.

·         Successfully resolved suspension and debarment proceedings initiated against clients by numerous agencies including the Department of the Navy, Department of Army, Department of Agriculture.

·         Led legal and business teams to capture a $100M Veterans Affairs contract for a business processing outsourcing client.  

·         Directed and executed the legal strategy permitting the private equity acquisition of a multimillion dollar professional services company embroiled in bet-the-company litigation.

·         Persuaded the Department of Energy to maintain award of our client’s $2B nuclear remediation contract.

·         Favorably resolved a $50M international  corporate fraud and real estate dispute involving litigation in Finland and in U.S. Federal District Court.

·         After trial at the Armed Services Board of Contract Appeals, prevailed against the Defense Logistics Agency (“DLA”) on behalf of one of the world’s largest gas transmission companies, which DLA incorrectly awarded a natural gas transmission contract to for covering all defense bases in the Midwestern United States.

·         Reversed a default termination on a multimillion dollar core IT contract awarded by the U.S. Postal Service.

·         Successfully represented Sonoma County, California, in defense of a federal criminal anti-trust probe involving alleged contract steering.

·         Directed and executed the legal and business strategy to permit a major mall owner to recover against two insurers for structural damages arising out of a C&O Canal surge on National Park Service property.

·         Saved the business of a major federal engineering firm proposed for suspension due to alleged improper political contributions.

·         Successfully resolved a proposed EPA debarment of a major energy firm whose executives were indicted for environmental violations.

·         Obtained our client an award of a slot on a $100M Air Force IDIQ contract, and had its chief competitor removed from the contract award group.

·         Saved the City of San Juan Bautista, California, from probable annexation by preserving the City’s  Department of Commerce Grant for rebuilding its water system.

·         Instrumental in the congressional enactment of provisions in the Small Business Jobs Act of 2010 relating to enhanced sanctions for small business certification fraud.

·         Obtained a precedent-setting U.S. Customs ruling in the area of software manufacturing, determining that the client’s product, partially coded in China, was  U.S. Domestic End Products.

·         On behalf of the City of Houston, Texas, successful resolved a multimillion dollar claim by the Inspector General of CMS for repayment of federal Medicaid funds used by Houston Independent School Districts for IEP programs.

·         On behalf of the City of Austin, Texas, successfully obtained one of the few conditions granted by the U.S. Surface Transportation Board on the merger of the Union Pacific and South Pacific railroads.

RECOGNITIONS

·         2017, listed in Capital Pro Bono Honor Roll

PROFESSIONAL ACTIVITIES

AI has served in numerous professional and community organizations, including the Board of Zoning Appeals, the National Defense Industrial Association; the Industrial Development Authority of Falls Church, Virginia; the Economic Development Task Force of Falls Church, Virginia; and the Northern Virginia Technology Council.  He is a member of the Greater Washington Board of Trade and the National Contract Management Association.

Phyllis Orenstein Bresler is the founder and CEO of PW Communications, Inc., The Company provides federal and advisory consulting services, including proposal support, to companies of all sizes globally, including many of the world’s largest government contractors. After nearly a decade working as a proposal consultant, primarily as a manager and writer, Ms. Bresler self-funded the start-up of PW Communications in 1996. Ms. Bresler is a graduate of The University of Pennsylvania, Philadelphia, PA, and an Executive Business Program at Tuck School of Business at Dartmouth.

ACCOMPLISHMENTS: Through PW Communications, companies have access to exceptional consulting talent that encompasses the complete range of functions required for developing competitive strategies and solutions to meet the complex requirements in government requests for proposals, in both classified and unclassified environments. Phyllis addresses the challenges of maintaining the growth of her firm by continually developing and adapting the processes and service offerings to meet the ever-changing needs of her clients. Under her leadership, the Company expanded its services to include government contracting, senior executive consulting and international business development. As CEO, Phyllis has achieved the following:

 Recognition as one of the Inc. 500/5000 Fastest Growing Companies (ongoing)

 Recipient of Northrop Grumman’s prestigious Performance Excellence Award in recognition of outstanding proposal support services (2012)

LEADERSHIP: Phyllis participates in leadership activities focused on entrepreneurship and professional development for women business owners. She lectures on entrepreneurship at Georgetown University’s McDonough School of Business and is a sought-after speaker and advocate for women and small-business owners. Phyllis participates in the U.S. Army, U.S. Navy Soldier for Life-Transition Assistance Program.

PROFESSIONAL AFFILIATIONS:

 Advisory Council, Children's Hospital of the Nation's Capital Foundation 2019-present

 Sponsor/reviewer, Milken Young Scholars; sponsor six (6) scholarships. 2016-present

 Advisory Board, Revere Bank, (formerly Monument Bank) 2011-2020

 Advisory Board, No. Virginia Community College, Professional Writing Certificate Program 2017-present

 Member, Business Executives for National Security (BENS) 2017-present

 Three-time participant in Jaguar R-series racing school

CORPORATE PHILANTHROPY: From the start, the Company established a strong commitment to corporate philanthropy. PW Communications believes that all Americans—and particularly the Nation’s brave veterans—deserve equal access to educational resources and job opportunities. PW Communications focuses on the reintegration of veterans, particularly wounded soldiers, to ensure they have productive lives following their service. The Company contributes financially to numerous veterans-focused charities.

PERSONAL: Phyllis considers her greatest accomplishment is raising three well-rounded, talented children, while working full time. (Her husband, Sidney Bresler, had his hand in this, too) Phyllis and her husband Sidney have launched the Sidney M. & Phyllis O. Bresler Foundation, Inc., and the Phyllis O. and Sidney M. Bresler Charitable Trust, which support numerous philanthropic organizations, including: Milken Scholars Program, NY, sponsor the six (6) 2018 Milken Scholar finalists; Food & Friends, Washington, DC, co-fund a multi-million dollar gift to ensure the organization’s mission to deliver nutritionallybalanced meals to critically ill clients continues without fail; NYU Langone Health, NY, initiate and sponsor the Advanced Spinal Cord Imaging & 3-D Surgical Navigation Program in Neurosurgery; Children Hospital National Medical Center, initiate and sponsor the Advanced Imaging & 3-D Surgical Navigation