Merle M. DeLancey Jr.


Merle DeLancey represents clients contracting with federal and state governments, primarily in the healthcare industry, involved in a broad spectrum of government contracting issues and litigation such as:

  • healthcare government contracts covering brand and generic pharmaceuticals, medical/surgical supplies, capital equipment, and services
  • federal and state court litigation involving False Claims Act allegations including Medicare, Medicaid, and TRICARE fraud
  • impact of commercial pricing and distribution channels on government price reporting and reimbursement
  • Medicare and Medicaid price reporting compliance and reimbursement
  • VA and Public Health Service price reporting
  • audits by agency offices of inspector general
  • GSA and VA federal supply schedule contracting including defective pricing and price reduction compliance
  • DoD healthcare contracting
  • mandatory and voluntary agency disclosures
  • pharmacy compounding
  • complex vaccine and biologics contracting with the federal government
  • internal investigations and compliance reviews
  • protests at the agency level, GAO, and the COFC
  • agency claims
  • congressional investigations
  • agency suspension and debarment proceedings
  • GSA leasing
  • mergers and acquisitions involving healthcare clients
  • commercial disputes involving healthcare clients
  • general FAR compliance including issues such as:
    • country of origin (BAA and TAA)
    • Service Contract Act
    • commercial item contracting
    • small business subcontracting including mentor-protege agreements
    • teaming agreements
    • novations
    • economic price adjustments


  • National defense counsel for a Fortune 500 pharmaceutical and biologics manufacturer concerning federal False Claims Act allegations and over 25 State Attorneys General actions involving Medicare and Medicaid price reporting and reimbursement.
  • Representation of Fortune 100 and 500 clients in connection with voluntary and mandatory disclosures to agency offices of inspector general regarding VA and CMS price reporting, price reductions, country of origin, Service Contract Act, and other contract performance issues.
  • Representation of a Fortune 500 clinical diagnostic laboratory testing company involving protests at the COFC and GAO and in connection with VA VISN BPA contracting.
  • Negotiated complex vaccine production contracts for such potential issues as smallpox, anthrax, and tularemia.

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  • American Bar Association
  • National Defense Industrial Association
Professional Activities

Merle served as a co-chair of the ABA Health Care Contracting Committee.



  • District of Columbia
  • U.S. District Court - District of Columbia
  • U.S. District Court - Eastern District of Virginia
  • U.S. District Court - Maryland
  • United States Court of Appeals for the Fourth Circuit
  • United States Court of Federal Claims
  • Virginia


  • Furman University, BA
  • Wake Forest University School of Law, JD