Of Counsel, Los Angeles
444 South Flower Street
8th Floor
Los Angeles, CA 90071-2901

TEL: 213.243.6145
FAX: 213.243.6330
EMAIL: jburkholder@mckennalong.com

PROFILE

John Burkholder, a former Administrative Judge on the General Services Administration Board of Contract Appeals, practices in the field of government contracts law. He is an experienced litigator, counselor and contract negotiator whose clients face bid protests, compliance reviews, internal investigations, contract disputes and a variety of related claims. He has represented government contractors and subcontractors, computer hardware and software developers and manufacturers, systems integrators, construction companies, environmental remediation contractors, pharmaceutical manufacturers and distributors, foodservice distributors and manufacturers of chemicals and paints.

Mr. Burkholder has counseled clients on issues concerning all aspects of the procurement process, from submitting bids and proposals in response to solicitations, through contract awards, bid protests, performance and post-performance issues.  He has provided advice on, among other things:  labor and wage requirements such as the Service Contract Act and the Walsh-Healey Act; the Truth in Negotiations Act and defective pricing; cost allowability issues, the Federal Acquisition Regulation (“FAR”) cost principles, and the Cost Accounting Standards; Buy American Act and Trade Agreements Act requirements; small and small disadvantaged business issues; solicitation requirements and standard contract clauses of the FAR and the various agency FAR Supplements; Freedom of Information Act (“FOIA”) issues; GSA Federal Supply Schedule issues; intellectual property rights; conflict of interest restrictions; post-federal employment issues; corporate compliance programs and internal investigations; and subcontract drafting.

Mr. Burkholder’s notable client representations include the following:

• Winning over $100 million in claims in alternative dispute resolution for joint venture client on military construction contract in upstate New York
• Winning substantial jury verdict in state court in California for prime contractor against subcontractor on Air Force software development project
• Winning bid protest at California Department of General Services for pharmaceutical distributor that led to award to client of multi-year contract valued in excess of $150 million
•  Successfully defending foodservice distributor in multiple investigations involving allegations of fraud and other wrongdoing
• Pursuing successful bid protest at Government Accountability Office that established significant limitations on government’s ability to impose “non-commercial” terms and conditions on contractors when procuring commercial goods and services

Mr. Burkholder is Co-Chair of the Federal Procurement Division of the Public Contract Law Section of the American Bar Association (“ABA”).  He is also the Editor-in-Chief of that Section’s quarterly publication, The Procurement Lawyer, and Chair of the Section’s Books & Monographs Committee.  He has lectured extensively on government contracts topics for the ABA, the National Contract Management Association (“NCMA”), and the Legal Education Institute of the United States Department of Justice.