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David Lacker

Associate
Washington, DC
About

David Lacker focuses his practice on assisting clients with various matters involving the receipt of federal funds, including in connection with federal government procurement contracts and federal financial assistance programs, grants and cooperative agreements.

David has assisted clients in high stakes bid protests at the Government Accountability Office (GAO), both in defending and protesting contract awards. David also regularly counsels federal contractors and subcontractors, as well as grantees, subrecipients, and subcontractors under grants, with compliance under the Federal Acquisition Regulations (FAR), the Uniform Guidance, Small Business regulations, and various domestic procurement preference regimes. David also assists in M&A transactions involving government contracting due diligence and the preparation novation packages.

Prior to entering the legal field, David served in the US Navy as a Nuclear Reactor Operator onboard the USS Enterprise (CVN-65) Aircraft Carrier, serving on the ship’s final two deployments to the Persian Gulf prior to her decommissioning.

Areas of FocusRegulatory and Government AffairsGovernment Contracting
Bar admissionsDistrict of ColumbiaNew York

EXPERIENCE

David regularly helps large and small vendors comply with various US-domestic content requirements. Matters often include first assessing which regime is applicable to the company’s products, such Buy American Act/Trade Agreements Act requirements applicable to federal procurement contracts, or various Buy America requirements applicable to state infrastructure contracts that have federal funds attached. David then assists in determining whether company products are compliant with the US-origin standards and tests that are unique to each domestic sourcing framework, including the availability of waivers.

David also regularly counsels federal grantees conduct procurements of goods and services in compliance with the federal procurement standards set forth in the Uniform Guidance. This often includes assessment of internal procurement and organizational conflict of interest policies as well as determining whether procurement actions taken are consistent with principles of full and open competition.

In connection with David’s bid protest practice, representative matters include:

  • Successfully challenging a $1B contract awarded by the U.S. Department of Homeland Security, Customs & Border Protection ("CBP") for medical screening services for persons in CBP custody the Southwest Boarder.
  • Successfully defending the award of a $70-million Department of Justice Enterprise IT contract at the GAO.
Education

  • J.D., Fordham University School of Law 2019

  • B.A., Economics, Fordham University 2016
    magna cum laude

Pro Bono

David has participated in pro bono clinics such as the D.C. Bar's Small Business Brief Advice Legal Clinic, the DACA Renewal Clinic, and the Landlord-Tennant Resource Center Clinic. David also has assisted DLA Piper's pro bono clients with matters pertaining to federal grant funding.

Publications

  • Co-Author, "Establishing Prejudice in Bid Protests When No Offerors Are Eligible for Award," American Bar Association, May 17, 2024

Prior Experience

Prior to joining DLA Piper, David spent two years as a judicial law clerk for the Honorable Marian Blank Horn of the United States Court of Federal Claims, assisting with bid protests, contract disputes, and other matters within the court's jurisdiction. David also was an associate at a boutique federal grants law firm before joining DLA Piper.

My latest insights

Publication

Establishing prejudice in bid protests when no offerors are eligible for award

20 May 2024 .2 minute read

Publication

Examining the divergent timeliness rules for solicitation protests at the GAO and the...

23 April 2024 .2 minute read

Publication

FAR council issues proposed rule prohibiting government contractors from inquiring about...

20 February 2024 .5 minute read

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Connect

Phone

+1 202 799 4634
(Work, Washington, DC)
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