David Lacker

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.