Merle M. DeLancey, Jr.
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Merle DeLancey primarily represents healthcare clients involved in a broad spectrum of government contracting issues and litigation. He defends major health care manufacturers, suppliers, and providers under federal and state investigations. He guides healthcare contractors through the mandatory disclosure process. He also formulates strategies for expanding contracting opportunities using the General Services Administration (“GSA”) and Department of Veterans Affairs (“DVA”), Federal Supply Schedules (“FSS”), and other government-wide acquisition and indefinite delivery, indefinite quantity contract vehicles.
Mr. DeLancey also has substantial experience in complex, multidistrict litigation in federal district courts throughout the United States.
Government Investigations, Audits, and Corporate Compliance
Mr. DeLancey has represented major healthcare companies in connection with False Claims Act investigations conducted by the Department of Justice (“DOJ”), U.S. Attorneys offices, Department of Health and Human Services, Office of Inspector General, Department of Veterans Affairs, Office of Inspector General, and multiple State Attorneys General. He also has represented Fortune 500 companies in connection with GSA, DVA, and Department of Defense (“DOD”) audits dealing with defective pricing and price reduction issues, as well as allegations of fraud. Several of the audits have involved the sales by large healthcare clients to the U.S. government under FSS contracts.
Mr. DeLancey is experienced in conducting internal compliance reviews for large corporations concerning all aspects of a corporation’s compliance with government statutes and regulations. He also has conducted internal compliance reviews, and represented clients in mandatory disclosure proceedings before DVA, DOD, and DOJ.
Mr. DeLancey has substantial experience with pricing structures and distribution channels used by major pharmaceutical, medical/surgical product manufacturers, healthcare-related services, and clinical diagnostic laboratories. He counsels clients with respect to commercial pricing and sales and their impact on FSS pricing. He is experienced in the vast array of government price calculations impacting health care companies contracting, directly or indirectly, with federal and state governments, including average manufacturer’s price (“AMP”), best price, and Public Health Service and all aspects of Veterans Healthcare Act pricing.
He also has experience in Medicare and Medicaid reimbursement, including areas such as average wholesale price (“AWP”), wholesale acquisition cost (“WAC”), Medicaid rebate calculations, and state Medicaid reimbursement systems.
Government Contract Counseling
Mr. DeLancey counsels numerous government contractors concerning ongoing procurements, contract administration matters, subcontracting, and general compliance with the morass of complex federal acquisition regulations. He has negotiated and otherwise assisted clients with complex vaccine contracts with the National Institutes of Health, NIAID. He also has assisted several clients with obtaining GSA and DVA FSS contracts and other government-wide acquisition contracts, as well as orders and blanket purchase agreements thereunder. His experience includes all types of government contracts including cost reimbursement contracts and cost accounting systems.
His clients have been awarded multimillion dollar contracts with various federal agencies including the Defense Logistics Agency, Defense Supply Center Philadelphia and Defense Supply Center Columbus, Social Security Administration, Department of Housing and Urban Development, U.S. Customs Service, Department of Agriculture, DOD, Army Material Command, Department of Health and Human Services, U.S. Agency for International Development, and the National Institutes of Health, NAIAD.
Agency and General Accounting Office Protests and Claims
Mr. DeLancey has been involved in multiple protests before several government agencies as well as the Government Accountability Office concerning a variety of protest issues. In addition, he has substantial experience in a variety of government contracts construction matters, including lease disputes with the GSA.
U.S. District Court Litigation
Mr. DeLancey has significant experience with complex litigation in the U.S. District Courts for the Eastern District of Virginia, District of Massachusetts, Northern District of Alabama, and Northern District of Illinois. He has litigated multimillion dollar matters involving class actions and highly technical issues, such as Medicare and Medicaid reimbursement, pharmaceutical pricing, drug compounding, the NASA Space Station Program, computer leasing, GSA leasing, as well as general commercial disputes.
Currently, Mr. DeLancey serves as national defense counsel for a large biopharmaceutical manufacturer in AWP multidistrict litigation in the U.S. District Court for the District of Massachusetts. He is a member of the Defense Group Steering Committee.
He also has participated in complex litigation in the U.S. District Court for the Northern District of Alabama for a high-tech engineering company with substantial expertise in aeronautics and aerospace engineering. He has litigated numerous cases on behalf of ERISA pension and health and welfare trust fund clients in the U.S. District Courts for the District of Maryland, Northern District of New York, and Southern District of New York concerning subrogation rights, benefit determinations, delinquent contributions, various collection matters, and breach of fiduciary and co-fiduciary duties.
COMMUNITY SERVICE & AFFILIATIONS
Mr. DeLancey serves as a co-chair of the ABA Health Care Contracting Committee.