E. Sanderson Hoe

E. Sanderson Hoe

Partner - Washington, DC
shoe@mckennalong.com
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1900 K Street NW
Washington, DC 20006
TEL: 202.496.7562
FAX: 202.496.7756
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Experience

Sandy Hoe has practiced government contracts law for over 40 years. His expertise includes issues of contract formation, negotiation of subcontracts, the structuring of complex private financing of government contracts, preparation of complex claims, and the resolution of post-award contract disputes through litigation or alternative dispute resolution. His clients include major companies in the defense, telecommunications, information technology, financial, construction and health care industries.

For several years, he also practiced telecommunications regulatory law, appearing before numerous state public utility commissions in hearings to open the local exchange markets for new entrants under the Telecommunications Act of 1996.

For many years, he has been active in the Public Contract Law Section of the American Bar Association, where he was an author of the Section’s original publication of “Subcontract Terms and Conditions.” From 1999 to 2011, he co-chaired the Section’s committee on Privatization, Outsourcing and Financing Transactions and from 2005-2008 served on the Section Council. Prior to his service in the ABA, for six years he was on the Steering Committee of the Section on Government Contracts and Litigation of the District of Columbia Bar, including three years as co-chair of the Section.

He also has been pro bono counsel to the Government of Liberia in the drafting of a new procurement code and implementing regulations.

Super Lawyers 2013 recognized Mr. Hoe as one of the nation's leading government contracts lawyers. In 2009, Mr. Hoe was named “Top Washington Lawyer” in Government Contracts by the Washington Business Journal.

Representative Experience

Litigation counsel to energy company in dispute with the Army Corps of Engineers over the pricing of a privatized cogeneration facility at Fort Drum, New York. Litigation resulted in multimillion dollar judgment for contractor.

Litigation counsel to two major defense contractors in dispute over profit and fee owed the contractors following weapons system contracts terminations for convenience.

Counsel to major defense contractor in structuring transactions to provide over one billion dollars of private financing to support manufacture and delivery of fighter aircraft to the Governments of Israel and Poland under the Foreign Military Sales program.

Litigation counsel to contractor in GAO and COFC bid protests of award for privatized military family housing at West Point.

Counsel to major aircraft manufacturer in structuring long-term lease agreements and private financing for multiple new mid-air refueling tankers for the Air Force.

Counsel to major ship builder in structuring transaction to finance, build and long-term charter five military prepositioning ships for the Marine Corps.

Counsel to clients on daily basis on government contracts compliance issues.

Counsel to Ronald Reagan Inaugural Committee in 1980-1981.

Education

Bar Admissions

Court Admissions

Publications:

  • "OFPP Issues Proposed New Definition Of Inherently Governmental,' The Government Contractor, co-authored by Phillip Carter, April 21, 2010.
  • “Bringing in the Bank,” Legal Times (February 28, 2000), co-author.
  • “Flow-Down Clauses in Subcontracts,” Briefing Papers, Federal Publications, Inc. (May 1985).
  • “Law for Engineers,” George Washington University (1980).

Seminars and Presentations:

  • "ADR Settlement Agreements Program," ABA Section of Public Contract Law: Alternative Dispute Resolution Section (June 2014)
  • Testimony of E. Sanderson Hoe, Partner, McKenna Long & Aldridge LLP, On Behalf of the U.S. Chamber of Commerce Before The Senate Subcommittee on Contracting Oversight of the Committee on Homeland Security and Governmental Affairs. Video access to the testimony is available here
  • "The Potential Impact of Inherently Governmental Rules on Government Contractors," Federal News Radio (June 8, 2010)
  • “Observations from the ABA White Paper on Budget Scoring,” Design Professionals Coalition (March 2010)
  • “Government Contracts 2010: Entering Into a Business Relationship with the U.S,“ Practising Law Institute (March 2010)
  • “COFC: Best Practices and Procedural Overview Panel,” Federal Bar Association Government Contracts Section (March 2010)
  • “The Most Important Government Contracts Related Decisions of 2009,” ABA Webinar (February 2010)
  • “Scoring Bootcamp,” Association of Defense Communities Winter Forum (February 2010)
  • “Recommendations of the White Paper & Steps Forward (Capital Budget, Infrastructure Bank, NIB),” 2nd Federal Budgetary Scoring Symposium, ABA (September 2009)
  • “Off the Shelf, When Companies Can Expect Stimulus Dollars,” Federal News Radio, WFED (February 2009)
  • “The Current Rules,” Federal Budgetary Scoring Symposium, ABA (April 2008)
  • “Gathering Storm” Professional Services Council/McKenna Long & Aldridge Briefing (January 2008)
  • “Cautionary Tales from Recent Claims – Penalties and Forfeitures,” DOECAA (October 2007)
  • “Buyers Mergers & Acquisitions: What You Don’t Know Can Hurt You,” Government Contract Due Diligence (Aronson Company/McKenna Long & Aldridge) (2007)
  • “Private Financing of Government Contracts,” ABA Public Contract Law Section Annual Meeting (August 2006)
  • “Texas Health Choice:  Are the District Courts now divested from jurisdiction over cases that merely ‘relate to’ a government contract dispute?” Federal Circuit Bar Association, Charitable and Educational Fund’s Seventh Bench and Bar Conference (June 22-25, 2005)
  • Panelist, “Dispute Resolution Today,” NDIA Annual Educational Seminar (March 2005)
  • Professorial Lecturer in Government Contract Law, George Washington University (1980-1984; 2009-2013)