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 Partner
Smith Pachter McWhorter PLC
8000 Towers Crescent Drive, Suite 900
Vienna, Virginia 22182
Telephone: (703) 847-6300
Fax: (703) 847-6312
rjohnson@smithpachter.com
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Practice Focus
Government Contracts
Representative Experience
Mr. Johnson has practiced for more than 35 years. He specializes in default and convenience terminations, allowable cost issues, cost and pricing data, cost accounting matters, appropriations law and contract compliance issues. He has litigated major cases in these areas, as well as bid protests, before the Boards of Contract Appeals and the Court of Federal Claims and the General Accounting Office. He was lead counsel to the plaintiff in General Dynamics v. U.S., 47 Cl. Ct. 514 (2000), in which the Court of Federal Claims upheld General Dynamics' breach of contract action based on the retroactive application to existing contracts of a congressional statute limiting executive salaries as allowable costs under government contracts. In this early Winstar case in the traditional government contracts area, the court strongly reinforced the sanctity of government contracts in the face of subsequent legislative or regulatory intrusion.
Mr. Johnson's practice has included international construction contracts, as well as counseling European defense firms competing for United States defense contracts. He has worked on-site in Italy, Belgium, and Iran on major defense and construction contract matters.
Following law school, Mr. Johnson was selected for the honors program in the Office of the General Counsel of the Air Force. After serving on active duty in the Air Force three years, he remained in the Office of General Counsel as a civilian another year. During this time, he began a practice of federal procurement law that he has continued since.
In 1966, Mr. Johnson became assistant executive director, later acting executive director, of the Federal Power Commission (now the Federal Energy Regulatory Commission). He headed a study of air pollution and the regulated electric power and natural gas industries and spearheaded a program to bring a significant number of African-American professionals into the higher staff ranks, working closely with the EEOC. For this work he received the agency's Meritorious Service Award.
Mr. Johnson has a working knowledge of German,
French, and Italian.
Publications and Presentations
Mr. Johnson has published many articles in scholarly legal journals, including the Cornell Law Review, The Washington and Lee Law Review, the George Washington Law Review and the ABA Public Contract Law Journal.
Author (with Richard Johnson and Matthew Haws), “Allowability of Legal Costs of Third-Party Lawsuits Following Tecom, Inc.,” Government Contract Costs, Pricing and Accounting Report, March 2008.
Author (with Richard Johnson and Matthew Haws), “Allowability of Legal Costs of Third-Party Lawsuits Following Tecom, Inc.,” Government Contract Costs, Pricing and Accounting Report, March 2008.
Handbook (1988), the 1989 supplement, 1991 second edition and the 1993 through 1995 supplements. Author, lead article in the Fall 2000 issue of the Public Contract Law Journal, Cash versus Credit: The Application of Federal Appropriations Law to Refunds and Rebates in Contractor Overhead.
Speaker, “Defective Pricing and the Truth-in-Negotiations Act,” in-house training seminar presented to various business units of Raytheon and General Dynamics (2008)."
Frequent lecturer for Federal Publications and other groups.
Education
Harvard College, B.A 1958, magna cum laude. Major in political science, minor in Asian studies and Japanese and German languages. Recipient, Detur Prize for academic excellence. Member, Harvard varsity fencing team.
Fulbright Fellow 1958-59. Studied German history and political institutions at the Universities of Cologne and Bonn.
Harvard Law School, 1962, magna cum laude. Member, Board of Editors, Harvard Law Review.
Professional Memberships
Mr. Johnson is admitted to the United States Court of Federal Claims, Supreme Judicial Court of Massachusetts, United States Supreme Court and the United States District Court for the District of Columbia, District of Columbia Bar, and the Massachusetts State Bar.
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