Thomas E. Daley

Recent representative bid protest matters include:

• Defended award of $800-million contract to aviation company before the GAO, Court of Federal Claims, and Court of Appeals for the Federal Circuit.
• Successfully protested the National Institutes of Health’s evaluation of a client’s past performance, resulting in our client being reinstated to the procurement.
• Successfully challenged the award of a $365-million Air Force contract, resulting in a contract award to our client.
• Successfully protested the award of a $340-million Department of Veterans Affairs contract, resulting in a contract award to our client.
• Obtained a permanent injunction preventing the Department of State from proceeding with award of a contract to our client’s competitor.
• Obtained a court decision vacating a determination of the Small Business Administration Office of Hearings and Appeals finding our client to not be a small business.
• Successfully requested an injunction pending an appeal before the US Court of Appeals for the Federal Circuit, which allowed our client to continue performing an incumbent contract during the pendency of an appeal. 
• Successfully protested the Marine Corps’ evaluation of our client’s proposal as well as the award decision, which required the Marine Corps to reopen the procurement and allow our client to submit a revised proposal.

The Legal 500 United States

• Recommended, Government Contracts (2024)

Additional Awards

Tom currently serves as a Vice Chair for the Procurement Fraud & False Claims Committee of the American Bar Association, Public Contract Law section.

The American Bar Association, Public Contract Law section, selected Tom as the winner of the 2020 Public Contract Law Journal Writing Competition, which evaluates submissions based on the technical quality of the paper and the significance of the paper to the government contracts field. Tom also was awarded the National Contract Management Association's 2017 Outstanding Academic Achievement Award. 

• Co-author, "Speak Now or Forever Hold Your Protest: Examining the Divergent Timeliness Rules for Solicitation Protests at the GAO and the Court of Federal Claims," 53 Pub. Cont. L.J. 513 (2024) 
• Co-author, "How to Define and Report Greenhouse Gas Emissions," National Contract Management Associate Magazine, June 2024
• Co-author, "Contractors Must Prep For FAR Council GHG Emissions Rule," Law360, May 28, 2024
• Co-author, "Establishing Prejudice in Bid Protests When No Offerors Are Eligible for Award," The Procurement Lawyer, May 17, 2024
• Co-author, "UN Climate Summit: What To Watch For In Dubai," Law360 (September 22, 2023)
• Co-author, "Equitable Limitations on Government Counterclaims for Common-Law Fraud," 52 Pub. Cont. L.J. (2023)
• Co-author, "Recent Government Contracts Cybersecurity Developments Demonstrate the Need for Enhanced Monitoring Now," Pratt's Government Contracting Law Report (May 2023)
• Co-author, "Cybersecurity Litigation for Government Contractors Is on the Rise," Pratt's Government Contracting Law Report (November 2022)
• Author, "Timeliness at the Court of Federal Claims: Reexamining the Blue & Gold Doctrine in Light of SCA Hygiene and Petrella," 51 Pub. Cont. L.J. 491 (2022)
• Co-author, "False Claims Act Settlement Underscores Importance of Government Contracts-Specific M&A Diligence, 8 Gov’t Contracting," L. Rep. 340, (2022)
• Co-author, "The Impact of Escobar and the Procurement Collusion Strike Force on Procurement-Related False Claims Act Settlements," Procurement Law, (Spring 2022)
• Author, "Reassessing the Role of the Reilly's Wholesale Factors in Override Protests Following the Federal Circuit's Decision in Safeguard Base Operations," 50 Pub. Cont. L.J. 497 (2021)
• Co-author, "Government Contractor Mergers & Acquisitions: What To Do With Pending Proposals?" 20-4 Briefing Papers 1 (March 2020)
• Author, "Note, Calculating Intangibles: Assessing the Argument for Actual Damages Equal to the Contract's Total Value," 46 Pub. Cont. L.J. 385 (2017)

• Presenter, "Law As Technology: A Case Study in Green Procurement," Tenth International Research Study on Public Procurement (August 22, 2024)
• Speaker, "GW Law Summer Series: Green Procurement Across Borders," The George Washington University (July 25, 2024)
• Speaker, "GW Law Summer Series: Green Procurement Across Borders," The George Washington University (July 23, 2024)
• Panelist, Net Zero Symposium at University of Oxford (June 25, 2024)
• Presenter, "Green Procurement: International Trade Issues," SAPIENS Network Conference for Procurement and Sustainability Innovation (June 20, 2024)
• Presenter, "U.S. Government Sustainable Procurement and ESG Policies," GRF's ESG Summit (April 24, 2024)

• Quoted, "Gov't Contracting Policies To Watch In The 2nd Half Of 2024," Law360 (August 26, 2024)
• Quoted, "Sharper Sustainability Rule May Strengthen Bid Protests", Law360 (April 23, 2024)
• Quoted, "Climate rule faces delays over allegations that it could leak intel to enemies," E&E News (February 15, 2024)
• Quoted, "‘Under the radar’: Biden is pushing 2 big climate rules as first term ends," POLITICO (February 9, 2024)
• Quoted, "CIO-SP4 protest dismissed after NIH commits to corrective action" Fedscoop (September 20, 2023)
• Quoted, "The feds have a low-carbon shopping list. It’s global." Climate Wire (March 3, 2023)