Profile
Shaun Kennedy represents government contractors and commercial businesses in bid protests, contract disputes, internal investigations, and government contracts compliance matters. He advises clients in the aerospace and defense, construction, and technology sectors before the Government Accountability Office, the Court of Federal Claims, the Court of Appeals for the Federal Circuit, and Boards of Contract Appeals.
His practice includes federal and state bid protests, Contract Disputes Act litigation, False Claims Act and whistleblower matters, prime/subcontractor disputes, organizational conflicts of interest, cost allowability, business systems, grants compliance, and procurement risk counseling. He also advises on contract negotiations, export controls, and transactional matters involving government contractors, including mergers and acquisitions.
Shaun is a trusted advisor in internal investigations and enforcement-related matters and helps clients respond to government scrutiny, voluntary disclosures, enforcement actions, and agency inquiries. He brings valuable and practical perspective from his prior service as senior in-house counsel for a large defense contractor and as a law clerk to the Hon. Loren A. Smith of the U.S. Court of Federal Claims.
Concentrations
- Bid protests at the federal and state levels, including matters before the GAO, Court of Federal Claims, and Federal Circuit
- Contract claims litigation and disputes under the Contract Disputes Act before boards of contract appeals and other forums
- Internal investigations involving government contractors and entities facing agency scrutiny
- False Claims Act, whistleblower, and enforcement matters, including voluntary disclosures and government inquiries
- Government contracts regulatory compliance, including organizational conflicts of interest, cost allowability, business systems, grants compliance, and risk management
- M&A and transactional support for government contractors, including compliance diligence
Áreas de Atuação
Experiência
- Successfully intervened and defended a bid protest brought in the Court of Federal Claims challenging the award of $750 million battlefield cryptographic key devices. Also successfully defended against the protester’s appeal in the U.S. Court of Appeals for the Federal Circuit.°
- Achieved corrective action in a bid protest against the award of a small-business set-aside Multiple Award Task Order Contract by the Army Corps of Engineers for design-bid-build services in Hawaii.°
- Successfully prosecuted a bid protest in the Court of Federal Claims involving the award of a contract for the management of a transportation laboratory at the Turner-Fairbank Highway Research Center.°
- Defended bid protest in the Government Accountability Office alleging improper organizational conflicts of interest in the award of a contract by the National Oceanic and Atmospheric Administration to support the National Data Buoy Center.°
- Successfully pursued a bid protest for the award of a contract by the NATO Support and Procurement Agency to provide air traffic control services at an airbase in Afghanistan.°
- Successfully pursued a state-level bid protest for the award of commissary services by the Department of Corrections of the state of Washington.°
- Achieved corrective action in a bid protest challenging a contract for construction services at F.E. Warren Air Force Base, resulting in the Army Corps of Engineers awarding the contract to the client.°
- Advised a client in the preparation of a Contract Disputes Act claim submitted to the U.S. Department of Homeland Security, Immigration and Customs Enforcement, which resulted in a settlement agreement that included a monetary payment and revision of a negative CPARS evaluation.°
- Defended an aerospace company before the Armed Services Board of Contract Appeals in a $140 million affirmative government claim for breach of contract damages, resulting in a dismissal with prejudice.°
- Obtained a settlement to resolve six consolidated Contract Disputes Act appeals before the Armed Services Board of Contract Appeals for the construction of a security enclave at the Naval Base Kitsap.°
- Litigated a prime/sub dispute in federal district court and negotiated a settlement agreement to resolve allegations that a prime contractor improperly terminated a subcontractor.°
- Represented a prime contractor in a dispute concerning the termination of a Launch Services Agreement in federal district
court.°
- Assisted a large defense contractor in a complex internal investigation, including the submission and resolution of a voluntary disclosure. Represented the company in a related False Claims Act investigation by the U.S. Attorney’s Office, resulting in a settlement.°
- Conducted an internal investigation on behalf of an aerospace company regarding an allegation of retaliation under the Defense Contractor Whistleblower Protection Act, resulting in a declination to investigate by the Department of Defense, Office of Inspector General.°
- Conducted an internal investigation relating to improper small business subcontracting practices, resulting in a declination by the U.S. Attorney’s Office to intervene in a qui tam False Claims Act action.°
- Led an internal investigation on behalf of a Department of Energy management and operations contractor regarding compliance with purchasing system guidelines.°
- Conducted an internal investigation on behalf of a public university regarding potential irregularities in cost allocations to federal research grants, resulting in the development and submission of a voluntary disclosure.°
- Represented a military parts manufacturer in connection with an Environmental Protection Agency search warrant and investigation conducted by the U.S. Attorney's Office alleging violations of the Clean Water Act.°
- Obtained a declination from the U.S. Attorney’s Office in connection with a False Claims Act investigation concerning improper proposal representations and certifications relating to tax liabilities.°
- Counseled a municipal school district in an inquiry led by the U.S. Department of Education, Office of Inspector General regarding the expenditure of CARES Act funds.°
- Represented a small business contractor during an investigation conducted by the Department of Labor, Wage & Hour Division regarding compliance with the Service Contract Act.°
- Developed an internal policy and procedure on behalf of a research and development contractor to identify, avoid, and mitigate organizational conflicts of interest.°
- Assisted a military parts manufacturer to ensure compliance with relevant export control statutes and regulations, including drafting internal policy and assisting in employee training.°
- Advised a big data visualization provider in the development of its proprietary computer software to maximize data rights protections.°
- Counseled a municipal public transportation entity to enhance procurement policies, procedures, and bid processes.°
- Advised a commercial software provider regarding compliance with GSA Scheduling requirements, including preparation of a Commercial Sales Practice disclosure.°
- Served as government contracts counsel to an information security company in its acquisition of two separate federal contractor entities.°
°The above representations were handled by Mr. Kennedy prior to his joining Greenberg Traurig, LLP.
- Ball Corporation, 2017-2019
- Senior Attorney, Aerospace & Technology, 2018-2019
- Attorney, Aerospace & Technology, 2017-2018
- Corporate Counsel, North America Public Sector, Computer Sciences Corporation, 2011-2013
Reconhecimento & Liderança
- Member, American Bar Association
- Member, Public Contract Law Section
- Vice Chair, Bid Protest Committee, 2023-Present
- Vice Chair, Subcontracting, Teaming, and Supply Chain Committee, 2023-Present
- Member, Public Contract Law Section
- Advisory Board, Colorado Space Business Roundtable, 2020-Present
- Member, National Contract Management Association
- Member, U.S. Court of Federal Claims Bar Association
Credenciais
Educação
- J.D., American University Washington College of Law
- B.B.A., University of Kentucky
Judicial Clerkships
- U.S. Court of Federal Claims, 2010-2011
Admissões
- Colorado
- District of Columbia