Richard B. Oliver

Richard B. Oliver

Partner - Los Angeles
roliver@mckennalong.com
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300 South Grand Avenue
14th Floor
Los Angeles, CA 90071
TEL: 213.243.6169
FAX: 213.243.6319
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Experience

Richard B. Oliver is a government contracts lawyer located in the firm's Los Angeles office with more than thirty-five years of experience representing clients dealing with a wide range of government contract issues concerning the Department of Defense and the civilian agencies. In the course of his practice, he has frequently represented clients at the Government Accountability Office ('GAO"), the United States Court of Federal Claims ("COFC"), the Small Business Administration's ("SBA") Office of Hearings and Appeals ("OHA"), in state and federal courts, and before administrative boards of contract appeals, including the Armed Services Board of Contract Appeals ("ASBCA"). Mr. Oliver has also represented clients in major criminal and civil investigations.

Mr. Oliver has a dynamic bid protest practice, both in contesting agency contract award decisions and defending contracts awarded to his clients at the GAO and COFC. He has successfully challenged and defended numerous government award decisions involving unreasonable solicitation requirements, sole source contracts, small business set-asides, IDIQ contracts, task orders, meaningful or misleading discussions, disparate treatment and consistent evaluations, price or cost realism, past performance, organizational conflicts of interest, technical evaluations, and best value determinations.

Mr. Oliver also has an extensive practice litigating, representing and counseling clients concerning the SBA’s complex small business regulations, including those for affiliation and for small business categories, such as 8(a) contractors, Small Disadvantaged Business concerns, Service-Disabled Veteran-Owned small business concerns, Women-Owned small business concerns and HUBZone small business concerns. He has successfully filed and defended numerous size and status protests.

Mr. Oliver has counseled clients, written professionally and lectured on the Federal Acquisition Regulation ("FAR"), small business rules, bid protests, service contracts, debarment and suspension, quality assurance, changes and claims, contract compliance, and subcontractor-prime contractor disputes.  In response to the flurry of Executive Orders issued in 2014, he has counseled numerous clients regarding various government contracts labor and socio-economic requirements, including the coverage and requirements of the Service Contract Act.

Mr. Oliver has defended clients in major criminal investigations, often involving complex questions of quality assurance or product substitution, and civil actions under the False Claims Act. He has also assisted companies with internal investigations and contract compliance reviews, as well as responding to government subpoenas.

He frequently works with clients to identify and minimize risks that arise during contract negotiations, as well as providing counsel on the costs and benefits of pursuing potential claims. He also has substantial experience representing clients with government contract clauses inserted into their commercial contracts.

He is an active member of the National Contract Management Association, and the American Bar Association.

Prior to entering private practice, Mr. Oliver served as an attorney in the Office of the General Counsel of the U.S. Air Force.

Mr. Oliver graduated Phi Beta Kappa from the University of Virginia and received his legal training at Harvard University, where he was an editor of the Harvard Journal on Legislation.

Representative Matters

Recent successful Government Accountability Office ("GAO") protest matters include:

Alutiiq Pacific, LLC, B-409942, July 1, 2014

            Successful protest against Navy multiple award task order contract ("MATOC") awards with evaluated $42 million task order for in-service engineering support, resulting in corrective action, including the award of a MATOC to Alutiiq.

Alutiiq Pacific, LLC, B-409584, B-409584.2, June 18, 2014, 2014 CPD ¶ 196

            Successful protest of a $37 million award for an Army information technology contract, which challenged the attribution of past performance among corporate affiliates, the reasonableness of the staffing evaluation, and disparate treatment of the proposals.

HRCI–MPSC PASS, LLC, B-408919, B-408919.2, Jan. 8, 2014, 2014 CPD ¶ 25

            Successful defense against protest of $18 million Army award of a bridge contract for professional administrative support services, defending claim that sole source award to 8(a) contractor was improper.

Contrack Int’l, Inc., B-408945, B-408945.2, Dec. 27, 2013, 2013 CPD ¶ 300

            Successful defense against protest of $44 million Army task order award for the construction of transient quarters and enlisted and officer dining facility in Bahrain, defending agency’s rejection of protester’s proposal for failing to meet material requirement.

Threat Mgmt. Grp., B-407766.6, July 3, 2013, 2013 CPD ¶ 167

            Successful defense against protest of $45 million Air Force award for explosive ordinance disposal support services, defending claims of an Organizational Conflict of Interest ("OCI") and unreasonable technical and past performance evaluations.

Alutiiq Pacific, LLC, B-407810.3, July 17, 2013

            Successful protest of $100 million Army award for professional administrative support services, which challenged the Army’s corrective action and resulted in additional corrective action, including contract award for Alutiiq.

Envtl. Chem. Corp., B-408030, February 25, 2013

            Successful protest of task order award under the Army’s Advance Contract Initiative,  resulting in corrective action, including the award of the task order to ECC.

ECC Int’l Inc., B-407856, Jan. 4, 2013

            Successful protest of Army award for utility infrastructure upgrades at the Afghanistan National Army Regional Military Training Center resulting in corrective action, including a new review of ECCI’s responsibility with respect to the procurement and award of the contract to ECCI.

ECC Int’l Inc., B-407860, Jan. 4, 2013

            Successful pre-award protest challenging solicitation requirement for the Army’s Forward Area Arming and Refueling Points in Afghanistan, resulting in corrective action, including contract award to ECCI.

IBM Corporation, U.S. Federal, B- 406934, B- 406934.2, B- 406934.3, Oct. 3, 2012, 2013 CPD ¶ 89

            Successful protest of $543 million award for Department of Veterans Affairs real time location system, challenging the agency's best value discriminators and proposal evaluations.

Education

Bar Admissions

Court Admissions

Publications:

Seminars and Presentations:

  • What Every Government Contractor Needs To Know About Bid Protests, NCMA World Congress, July 27, 2014
  • Bid Protests From A Small Business Perspective, San Diego Chapter of NCMA , May 21, 2014
  • Recent and Pending Small Business Regulations, San Diego S.A.M.E., January 8, 2014
  • Small Business Regulatory and Legislative Update, NCMA Webinar, December 19, 2013
  • Debriefings – How To Maximize The Value Of These Communications, NCMA Webinar, November 21, 2013
  • “The Service Contract Act,” Webinar, August 13, 2013
  • “The Changing World of Small Business Contracting - 2013, ” NCMA World Congress, July 22, 2013
  • “What Every Government Contractor Needs to Know About Bid Protests,” San Diego Industry Group, June 19, 2013
  • “Recent and Pending Small Business Regulations,” S.A.M.E. Joint Engineering Training Conference, May 23, 2013
  • “Successful 8(a) Team Building,” National Native American 8(a) Conference, January 29, 2013
  • “Recent and Pending Small Business Regulations,” S.A.M.E. San Diego Post, January 9, 2013
  • “The Changing World of Small Business Contracting – 2012,” NCMA World Congress, July 30, 2012
  • Government vs. Commercial Contracts: Specific Comparisons Between the FAR and the UCC –San Diego Chapter of NCMA, April 18, 2012
  • “The Changing World Of Small Business Contracting,” LA Post S.A.M.E., November 8, 2011  
  • “The Changing World Of Small Business Contracting - 2011,” NCMA World Congress, August 23, 2011
  • “Legal Lessons For Small Businesses” LA Post S.A.M.E., November 9, 2010
  • “Legal Challenges That Small Businesses Face – And How To Respond” San Diego NDIA, August 17, 2010
  • "GAO Bid Protests For Contractor Personnel," NCMA World Congress, July 20, 2010
  • "GAO Bid Protests For Contractor Personnel," NCMA Webinar, February 23, 2010
  • "The Pendulum Swings Back: Weapon Systems Acquisition Reform Act of 2009," NCMA, South Bay Chapter, June 9, 2009 
  • "Value Engineering Change Proposals in Government Contracting," Lorman Education Services, July 22, 2009