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Scott Arnold concentrates his practice in all areas of government contracts law, including litigation and counseling matters. Mr. Arnold has extensive experience in bid protests and claims litigation, prime contractor/subcontractor disputes, suspensions and debarments, internal investigations and False Claims Act litigation, development and presentation of compliance programs and training, and counseling about government contracts, foreign military sales, Foreign Corrupt Practices Act, and export control issues.
Mr. Arnold represents government contractors in all industry segments in connection with bid protests filed before procuring agencies, the U.S. Government Accountability Office (“GAO”) (formerly the U.S. General Accounting Office), federal courts, and, when it had bid protest jurisdiction, the General Services Administration Board of Contract Appeals.
He has represented clients in hundreds of protests during the last 25 years and has extensive experience not only in litigating protests, but also in accompanying clients to debriefings in order to assist in the formulation of strategy regarding whether and how to protest.
Before entering private practice in 1985, Mr. Arnold was the Assistant Counsel for Procurement at the Naval Facilities Engineering Command (“NAVFAC”), within the Navy’s General Counsel’s office. In that capacity, he defended all GAO protests filed against NAVFAC procurements and contract awards. Since then, he has represented dozens of government contractors, both in pursuing and in defending against protests filed by their competitors. He has successfully litigated numerous bid protests, each involving government contract awards in excess of $100 million, and some in excess of one billion dollars.
Mr. Arnold has assisted numerous government contractors in the investigation and preparation of requests for equitable adjustment and claims, and has litigated claims at several agency boards of contract appeals, the U.S. Court of Federal Claims, and the U.S. Court of Appeals for the Federal Circuit. He also has represented government contractors in the defense of claims filed by the government, including defective pricing claims brought under the Truth in Negotiations Act. One of the more notable cases he litigated established that the government may not use a contract clause to deprive an agency board of contract appeals of jurisdiction under the Contract Disputes Act.
Mr. Arnold’s claim experience has entailed contracts for highly complex supplies, services, and construction, and he has worked extensively on critical path issues. In addition, he has unique experience in the negotiation and litigation of claims for pension cost adjustments brought under the Cost Accounting Standards in connection with sales of government contracting businesses.
Mr. Arnold regularly represents clients in connection with procurement fraud matters, including proposals for suspension or debarment from government contracting, False Claims Act suits brought directly by the government and by qui tam plaintiffs, and internal investigations regarding alleged wrongdoing in government contracting. He has handled numerous internal investigations resulting in the acceptance of his clients into the Department of Defense (“DoD”) Voluntary Disclosure program, and has co-authored a book about how to successfully utilize the DoD Voluntary Disclosure program, which can operate to substantially reduce a contractor’s practical exposure to penalties for certain violations of procurement laws.
Counseling, Compliance Programs, and Training
Over the years, Mr. Arnold has counseled clients on virtually every aspect of government contracting, including how to bid for government work, protection of contractor data and intellectual property, utilization of small business and related socioeconomic programs, negotiation of teaming agreements, claims avoidance, contract performance issues, and dealing with government audits. In addition, he has designed and developed several corporate government contract compliance programs, and has conducted numerous training sessions to assist clients’ employees in their efforts to meet company-specific requirements imposed in such programs. These compliance programs and training efforts cover a broad spectrum of government contract topics, and he has extensive experience in compliance programs and training in the Procurement Integrity Act, government employee conflicts of interest and the related “revolving door” rules, organizational conflicts of interest, labor charging, and proposal preparation and compliance with the Truth in Negotiations Act.
Mr. Arnold also has developed compliance programs and conducted training in international areas of relevance to many government contractors. These areas include Foreign Military Sales, the special rules associated with U.S. Government funding of direct commercial military sales to foreign customers, export controls, and the Foreign Corrupt Practices Act.
Mr. Arnold began his career in 1982, as a law clerk to the administrative judges of the Department of Transportation Board of Contract Appeals, where he served until 1984. From 1984 to 1985, he served in the Office of General Counsel of the Navy as Assistant Counsel, Procurement, Naval Facilities Engineering Command. From 1985 to 1991, he was an associate in a Washington, D.C., law firm, where he later served as a partner from 1992 to 2001. Prior to joining Blank Rome, he was a partner at a D.C.-based Am Law 200 firm and a shareholder in the Tysons Corner, Virginia, office of an Am Law 100 law firm from 2001 to 2003.
- 2015 Capital Pro Bono Honor Roll
- 2014, “Commended Attorney” by the Financial Times North America Innovative Law Firms
- 2014, “Government Contracts MVP” by Law360
A description of the standard or methodology on which the accolades are based can be found here.