Jason A. "Jay" Carey
Jason A. Carey is a member of the firm’s government contracts department, where he counsels clients regarding a wide range of compliance matters, represents clients in litigation with both the government and other private parties, and defends clients under investigation by federal and state governments.
Mr. Carey has counseled clients on all aspects of federal, state and local government procurement and grant law, including ethics requirements, GSA schedule contracting requirements, the Buy American and Trade Agreements Acts, cost and pricing data requirements, and other contract administration issues. As part of his counseling practice, Mr. Carey regularly advises clients regarding strategies for protecting and preserving intellectual property rights when entering into and performing contracts, grants, and Cooperative Research and Development Agreements (CRADAs) with the federal government. He has provided counseling on intellectual property issues to numerous biotechnology firms entering the government marketplace, as well as other high-technology clients. Mr. Carey also advises clients on compliance with the Foreign Corrupt Practices Act (“FCPA”) and export control laws and regulations.
Mr. Carey regularly represents government contractors in bid protests before the Government Accountability Office and the Court of Federal Claims. Mr. Carey has prosecuted and defended dozens of bid protests involving defense, biotechnology, telecommunications, information technology, and healthcare procurements, among others. He also litigates government contracts claims before federal and state courts and boards of contract appeals, and represents contractors in disputes with other contractors, including a jury trial in the United States District Court for the Eastern District of Virginia involving claims of trade secret misappropriation, business conspiracy and tortious interference with contract.
Mr. Carey also conducts internal investigations, and defends clients under investigation by the federal government for violations of various federal statutes and regulations, including the False Claims Act, TINA, FCPA, export control laws and regulations, and the Lacey Act. In one recent engagement, Mr. Carey represented a space technologies company in joint criminal and civil fraud investigations alleging overcharges in violation of FAR and the Cost Accounting Standards (“CAS”). Although commenced with a search warrant, the criminal case was declined and the civil false claims act case was dismissed by court. In another engagement, Mr. Carey represented a large commercial supply company that was suspended and considered for debarment by a state government. After an administrative hearing and state court proceedings, the state agreed to void the suspension and cease debarment proceedings.
Mr. Carey also represents clients in various types of commercial litigation. He has litigated commercial cases in the following areas, among others: breach of commercial contract, misappropriation of trade secrets, breach of employment contract, patent infringement, and private Sherman Act antitrust claims. He has litigated cases before federal and state courts across the country.
- J.D., University of Virginia School of Law, 1999
- B.A., Williams College, cum laude, 1996
- District of Columbia
- U.S. District Court for the Eastern District of Virginia
- "COFC Is Siding With Protesters In Late Proposal Disputes," Law 360, May 23, 2013.
- "FEATURE COMMENT:The Odds Of Winning A Contract After Protesting Are Higher Than You Think," The Government Contractor, April 24, 2013.
- "FEATURE COMMENT: COFC Provides Both Familiar And New Guidance On Bid Protest Challenges Of Agency Insourcing Decisions," The Government Contractor, February 13, 2013.
- "FEATURE COMMENT: In Three Recent Decisions, COFC Takes An Expansive View Of Its Bid Protest Jurisdiction," The Government Contractor, September 15, 2010.
- "COFC Provides Guidance On When Contractors Can Pursue Claims Based On The Government's Violation Of A Regulation Not Incorporated Into The Contract," co-authored with Luke Meier, The Government Contractor, August 25, 2010.
- "The Government's Right to Release Proposal Data," Service Contractor Magazine (Professional Services Council), December 2009
- "Government Schedule Contracting", ACC InfoPAK, September 2006
Seminars and Presentations:
- Presenter, PLI’s Government Contracts 2012 Program, "Intellectual Property Rights," (Practising Law Institute), September 20, 2012
- Presenter, Nash & Schooner Hot Topics Webinar Series, "Data Rights, OCIs, PCIs, and Other Developments," (Public Contracting Institute), January 26, 2012
- Presenter, "New Developments in Contract Compliance," (Federal Publications Seminar), October 26, 2011
- Presenter, Nash & Schooner Hot Topics Webinar Series, "Legislative & Regulatory Update," (Public Contracting Institute), August 25, 2011
- Presenter, "New Developments in Contract Compliance," (Federal Publications Seminar), October 27, 2010
- Presenter, “ATK Thiokol, Inc. v. US: Implications for Protecting IP,” Aerospace Industries Association, Intellectual Property Committee Spring Meeting, April 20, 2010
- Presenter, "The Proposed Tariff Shift Regulation and Trade Agreements Act Requirements," (Washington Management Group), October 14, 2009
- Presenter, "Building A Solid Foundation: Examination of Major Obligations in MAS Contracting. Basis of Award, Disclosure & Reporting, TAA & Other Laws," MAS Event, (The Coalition for Government Procurement), February 10, 2009
- Presenter, “The Proposed Tariff Shift Regulation and Trade Agreements Act Requirements,” The Trade Agreements Act…What’s Next? (Washington Management Group), November 5, 2008
- Presenter, “Internal Audits,” Premier Member Luncheon, (The Coalition for Government Procurement), September 26, 2008
- Presenter, "Legal Forecast: What are the Imminent Regulations that will have the Most Effect on Your Business?" Forecast 2008: How Procurement Changes Could Call For Cloudy Conditions, (The Coalition for Government Procurement), May 28, 2008
- Panelist, "Using General Services Administration Schedule Contracts to Sell to the Federal Government," ACC InfoPAK Webinar, February 5, 2008
- “The New China Rule Explained,” McKenna Long & Aldridge LLP and National Foreign Trade Council Webinar, August 1, 2007