John S. Pachter Featured in The Procurement Lawyer.  The Winter 2013 issue of the Procurement Lawyer published by the ABA Section of Public Contract Law features a question and answer discussion with John S. Pachter, first recipient of the Allan J. Joseph Award.  The award  recognizes “exceptional effort and accomplishments” as well as “extraordinary contributions” to the Section of Public Contract Law.  John offers his reflections on activities and personalities of the Section of Public Contract Law during the past 46 years.  The full article is available here.   

Richard F. Smith and Brian J. Vella will present at the upcoming Virginia Chapter of the Architectural Woodwork Institute (AWI) on March 20th in Charlottesville, VA. 

The presentation will discusss construction contracts and Mr. Vella will cover building a contract “check-list” and Mr. Smith will discuss arbitration and mediation as an option for the woodworker.  

The meeting announcement can be found here. 

The Government Accountability Office issues report discussing bid protest statistics for fiscal years 2008-2012 and highlighting the significant decsions from 2012.  The full report can be found here.

Establishing The Record In Court Of Federal Claims Bid Protests - Jonathan D. Shaffer, Mary Pat Buckenmeyer, and Zachary D. Prince have published a new Briefing Papers article about the importance of the composition of the administrative record in the resolution of a bid protest before the U.S. Court of Federal Claims.  The full article is available here.

Edmund M. Amorosi Appointed to the Council of the Virginia Bar Association’s Section on Construction and Public Contracts Law

At the 123^rd Annual Meeting of the Virginia Bar Association on January 24-26, 2013 in Williamsburg, Virginia, Edmund M. Amorosi was appointed as a member of the Council of the VBA’s Section on Construction and Public Contracts Law.  The VBA describes the role of the Construction and Public Contracts Law Section as “monitoring, initiating and promoting legislation that affects the construction industry and matters of public contracts law” before the Virginia General Assembly.  In addition to legislative initiatives, the Section presents an annual continuing legal education seminar, usually held each winter at the Annual Meeting of the VBA in Williamsburg.  The Section typically presents an educational program at the VBA’s Summer Meeting.  Richard F. Smith, Of Counsel, preceded Mr. Amorosi on the Council.

Developments in Arbitration Law Presented by Edmund M. Amorosi at the Virginia Bar Association’s 123rd Winter Meeting.

Metron, Inc.: A Primer for Proving Compensation Cost Reasonableness. Smith Pachter McWhorter member Stephen D. Knight and associate Kathryn T. Muldoon have published an article in Bloomberg Federal Contracts Report regarding a case in which they successfully argued before the Armed Services Board of Contract Appeals (ASBCA) regarding executive compensation review practices employed by the Defense Contract Audit Agency (DCAA). The ASBCA sustained the appeal filed by Mr. Knight and Ms. Muldoon and overruled the government's determination that the client's executive compensation was not reasonable.  The full article is available here.

The Comptroller General issues annual report to Congress discussing Bid Protest Statistics for Fiscal Years 2008-2012 and instance in which a federal agency did not fully implement a recommendation made by GAO in connection with a bid protest.  The full report can be found here.

New article regarding the increase in terminations for convenience following the economic downturn.  Smith Pachter McWhorter associate Erica J. Geibel has published and article in The Journal of Professional CM/PM Management regarding the increase of government contract terminations for convenience following the economic downturn.  The full text of the article is available here. 

Four Smith Pachter McWhorter members nominated and selected for the 2012 Who's Who Legal list.  Nominees are selected based upon comprehensive, independent survey work with both general counsel and construction and government contract lawyers in private practice worldwide.  This year, Val McWhorter and Richard F. Smith were selected for the Construction catagory and Mark Hanson and John Pachter were selected for the Public Procurement (government contracts) category.  For more info click here. 

Smith Pachter McWhorter founding member John S. Pachter was honored by the American Bar Association Section of Public Contract Law at the ABA Annual Meeting in Chicago as the first recipient of the Section’s Allan J. Joseph Award for Excellence in Leadership.

Chambers USA 2012 has ranked Smith Pachter McWhorter PLC amongst the Top Tiers for Government Contracts and Construction law.  Chambers USA’s identifies America’s leading lawyers as the best in their fields by their peers and clients.

Dorothy E. Terrell, Smith Pachter McWhorter PLC, Of Counsel, will be a speaker at the upcoming Mid-Winter Meeting of the ABA Forum on the Construction Industry held January 31-February 1, 2013 at the Naples Grande in Naples, FL.  The topic will be a review of the latest legal developments involving delay damages issues.

The Associated General Contractors of America (AGC), the leading association for the construction industry, has re-appointed Smith Pachter McWhorter PLC Member Edmund M. Amorosi to the National AGC Committee on International Construction.  The mission of the Committee is to improve the competitive position of United States contractors working abroad; secure a fair share of the overseas construction market for U.S. contractors who bid to multilateral financing agencies, such as the World Bank, Inter- American Development Bank, and Asian Development Bank; cooperate and meet with international contractor and engineer associations and regional development banks; and, promote or oppose legislation affecting overseas construction.

Stephen D. Knight, Smith Pachter McWhorter PLC, Member, will teach a course titled “The Masters Institute in Government Contract Costs.” The course is a specially tailored, advanced program devoted exclusively to the unique rules, problems, practices, and demands of Government Contract Cost matters and designed for experienced procurement professionals.

U.S. News and Best Lawyers, a leading survey of lawyers worldwide, have joined together to rank nearly 10,000 law firms in 119 practice areas in 177 metropolitan areas and 7 states.

Super Lawyers honored four attorneys of Smith Pachter McWhorter PLC for their achievements and expertise in their areas of practice

Four attorneys were selected by their peers for the 2012 edition of Best Lawyers in Americafor their expertise in Construction Law, Arbitration and Mediation. 

Based on confidential peer-review surveys, Best Lawyers in America has selected Val McWhorter, Brian Vella, Mark Hanson and Richard Smith for its 2008 edition.

Smith Pachter McWhorter PLC was honored by having two of its Members named in Washingtonian magazine's 2011 "Top Lawyers" list.

U.S. News and Best Lawyers, a  leading survey of lawyers worldwide, have joined together to rank nearly 10,000 law firms in 119 practice areas in 177 metropolitan areas and 7 states.

Super Lawyers honored six attorneys of Smith Pachter McWhorter PLC for their achievements and expertise in their areas of practice.

Four attorneys  were selected by their peers for the 2011 edition of Best Lawyers in America for their expertise in Construction Law and Alternative Dispute Resolution.

Gregory A. Smith, Smith Pachter McWhorter PLC, Member, received the U.S. Court of Federal Claims James Madison Award at the October 2011 Judicial Conference in Berkeley, CA for his “distinguished service to the Court” and in recognition of the two terms he served as Chair of the Advisory Council.

Smith Pachter McWhorter PLC recently celebrated its 25th anniversary at a formal dinner held at the Willard Hotel in Washington, DC.

Chambers USA 2011 attorney rankings described Smith Pachter McWhorter as a “widely respected construction and government contract law boutique [which] provides cost-effective counseling.  Clients highlight the group's attentive and efficient service.”

Smith Pachter McWhorter PLC was honored by having two of its Members named in Washingtonian magazine's 2011 "Top Lawyers" list.

Smith Pachter McWhorter PLC is honored to have two of its Members named in Washingtonian magazine's 2011 "Top Lawyers" list.

The American Bar Association Section of Public Contract Law has recently published the Guide to State Procurement: A 50 State Primer on Purchasing Laws, Processes and Procedures.

Smith Pachter McWhorter PLC is pleased to welcome Gregory A. Smith as a member of the Firm.

Washington D.C. Super Lawyers  and Virginia Super Lawyersrecognized five partners of Smith Pachter McWhorter PLC for their achievements and expertise.

Four partners were selected by their peers for the 2010 edition of Best Lawyers in Americafor their knowledge and expertise in their field of practice.

Chambers USA 2010 attorney rankings described Smith Pachter McWhorter as a “widely respected construction and government contract law boutique [which] provides cost-effective counseling.

Dorothy E. Terrell, Edmund M. Amorosi, and John M. Cook, all members of the firm, were recognized in the August 2010 edition of the Washington Contractor, the official publication of the Associated General Contractors of Metropolitan Washington DC, for their work as instructors for the PMDP – Project Manager Development Program.

John S. Pachter recently published an article entitled "The Incredible Shrinking Contracting Officer" in the Summer 2010 edition of the Public Contract Law Journal.

On June 21, 2010, Edmund M. Amorosi, a member of the firm, presented two programs at the "Industry Summit on DOD Contracting", which was sponsored by the American Conference Institute.

John Marshall Cook was interviewed by Ted Garrison of the New Construction Strategies (www.ncs30.com) on the subject of Risk Protection through Better Contracting.

John S. Pachter published an article entitled "Personal Conflicts of Interest: A New Area for Regulation" in the February 9, 2010 edition of the Federal Contracts Report.

On January 22, 2010, Dorothy E. Terrell presented a program in Seattle at the 2010 Annual Convention of AGC of Washington.

Virginia Super Lawyers and Rising Stars honored six partners of Smith Pachter McWhorter PLC for their achievements and expertise.

Four partners were selected by their peers for the 2009 edition of Best Lawyers in Americafor their expertise in Construction Law and Alternative Dispute Resolution. 

Chambers USA 2009 attorney rankings described Smith Pachter McWhorter as a "highly respected … excellent choice" for legal representation, once again earning "significant praise from market sources for their record of success in the [construction and government contracts] sector."

Richard Johnson, Stephen Knight, John Pachter and Joe Smith recently prepared an article entitled “Geren v. Tecom, Inc.: The Federal Circuit Creates A New FAR Cost Principle,” which was published in the July 2009 edition of the Government Contract Costs, Pricing & Accounting Report.

Richard Johnson, Stephen Knight, John Pachter and Joe Smith recently prepared an article entitled “Geren v. Tecom, Inc.: The Federal Circuit Creates A New FAR Cost Principle,” which was published in the July 2009 edition of the Government Contract Costs, Pricing & Accounting Report

Stephen Knight recently prepared an article entitled "'Certified Estimates' and Mandatory Disclosure: A Bad Decision Makes for a Worse Regulation,” which was published in the Summer 2009 edition of The Procurement Lawyer, the quarterly members’ publication of the ABA’s Section of Public Contract Law.

Stephen Knight recently prepared an article entitled "'Certified Estimates' and Mandatory Disclosure: A Bad Decision Makes for a Worse Regulation,” which was published in the Summer 2009 edition of The Procurement Lawyer, the quarterly members’ publication of the ABA’s Section of Public Contract Law.

In its 2008 rankings, Chambers USA described Smith Pachter McWhorter PLC as a leader in the practice of government contracts and construction law.

Smith Pachter McWhorter sponsored a luncheon in October 2008 with senior construction industry executives and the leadership of George Mason University focusing on future plans for construction at GMU.

In its 2008 edition, Virginia Super Lawyersselected Val S. McWhorter, John S. Pachter, Richard F. Smith, and Brian J. Vella for their expertise in the following areas: Val McWhorter and Brian Vella in Construction Litigation, John Pachter in Government Contracts and Richard Smith in Alternative Dispute Resolution.

Pictured here are senior industry executives and Mark Hanson

John S. Pachter has been recognized as a leader in the practice of government contracts law in the Washington, D.C. area in the Almanac of Leading Lawyers.

An "advertorial" in the April 2008 subscriber edition of Forbes magazine featured Smith Pachter McWhorter's accomplishments in the areas of government contracts and construction.

Richard Johnson, Joe Smith, and Matthew Haws recently prepared an article entitled “Allowability of Legal Costs of Third-Party Lawsuits Following Tecom, Inc.,” which was published in the March 2008 edition of the Government Contract Costs, Pricing & Accounting Report.

Richard Johnson, Joe Smith, and Matthew Haws recently prepared an article entitled “Allowability of Legal Costs of Third-Party Lawsuits Following Tecom, Inc.,” which was published in the March 2008 edition of the Government Contract Costs, Pricing & Accounting Report.

Mark E. Hanson and Dorothy E. Terrell, partners at Smith Pachter McWhorter, presented a program on “Public-Private Partnerships and Major Infrastructure Construction” on Thursday, December 7th, 2006 in San Francisco, California.

Mark Hanson recently prepared an article entitled “Aspects of Construction Scheduling,” which was published in the October 2006 edition of the The Procurement Lawyer, the quarterly members’ publication of the ABA’s Section of Public Contract Law.

An article by Jonathan D. Shaffer and David S. Stern entitled “No Rest for the Weary: Bid Protests in Virginia” was published in the October 2006 issue of the Virginia Lawyer.

Mark Hanson recently prepared an article entitled “Aspects of Construction Scheduling,” which was published in the October 2006 edition of the The Procurement Lawyer, the quarterly members’ publication of the ABA’s Section of Public Contract Law.

On July 7, 2006, on behalf of the Section of Public Contract Law, American Bar Association, John Pachter presented a statement on reform of interest recovery by government contractors on claims and disputes to the Acquisition Advisory Panel, which consists of experts from the public and private sector.

Richard F. Smith, a founding member of the law firm of Smith Pachter McWhorter PLC, has been named one of Virginia's "Legal Elite" in the field of Alternative Dispute Resolution by the Virginia Business magazine.

Richard C. Johnson, an experienced practitioner in the area of government property matters, submitted two documents to The Honorable William J. Haynes II reinforcing the view that the elimination of title passage, as proposed by the FAR drafters, would work to the detriment of DoD.

Richard C. Johnson, an experienced practioner in the area of government property matters, submitted comments on FAR Case 2004-025, Proposed Revisions to Federal Acquisition Regulation on Government Property.

John S. Pachter and Jonathan D. Shaffer, partners in the law firm of Smith Pachter McWhorter PLC, focus on new business opportunities and risks for health care companies, such as carriers and fiscal intermediaries, and information technology companies in an article entitled MEDICARE CONTRACTING REFORM: NEW OPPORTUNITIES, NEW RISKS.

by Stephen D. Knight
Smith Pachter McWhorter PLC

The last three months have brought significant developments in government contracts fraud enforcement and audit issues.

The last three months have brought significant developments in government contracts fraud enforcement and audit issues.

Legal Times, a leading periodical covering the Washington area legal community, selected John S. Pachter as one of the top 12 government contract lawyers in Washington, D.C., based on interviews with in-house counsel, attorneys in private practice and academics. Mr. Pachter, a founding partner of Smith Pachter McWhorter PLC has practiced government contract law for more than 30 years.

Articles authored by John S. Pachter and Richard C. Johnson, partners in the law firm of Smith Pachter McWhorter PLC, are featured in the Fall 2004 edition of the leading journal in the field of government contracts law, the Public Contract Law Journal, published quarterly by the American Bar Association.

Val S. McWhorter, a founding partner of the law firm Smith Pachter McWhorter PLC was recently elected as a member of the prestigious American College of Construction Lawyers ("ACCL"), effective in 2005.

For more information on how this may affect you, John Pachter and Jonathan Shaffer have prepared an advisory explaining the impact of this memorandum.

For more information on this decision and how it may affect you, John Pachter and Jonathan Shaffer have prepared a Client Advisory explaining the ramifications of this recent decision.

John S. Pachter
June 19, 2001