For over 20 years, Kelley has focused his practice on government contracts counseling, negotiations and litigation, representing a broad range of domestic and foreign commercial item, defense and homeland security contractors that sell products and services to federal, state and local governments. He has worked with companies in such industries as life sciences, information technology, cybersecurity, homeland security and defense and aerospace. Kelley has developed a particular focus on biodefense and pandemic influenza preparedness and regularly advises clients regarding contracts and grants with various federal agencies including the Biomedical Advanced Research and Development Authority (BARDA) under the U.S. Department of Health and Human Services, the U.S. Centers for Disease Control and Prevention, the National Institutes of Health, the U.S. Department of Veterans Affairs and the U.S. Department of Defense. Of note, he has been involved in several large Project BioShield procurements, including programs for anthrax, botulism, small pox, Ebola and influenza that well exceed a billion dollars.
Kelley regularly represents contractors before various administrative tribunals, including protesting and defending contracts awards before the Government Accountability Office. Additionally, he assists clients in addressing compliance issues associated with public procurements, including establishing compliance programs, conducting internal investigations, responding to government investigations, and assessing the need for mandatory disclosures. He also has represented numerous domestic and foreign companies in the acquisition and sale of government contracts and businesses and regularly counsels companies with respect to government-unique information systems security and cyber requirements.
Presentations and Publications
- Co-Presenter, Commercial Item Contracting: Intellectual Property, United States Geospatial Intelligence Foundation (USGIF) Legal Working Group, March 16, 2017
- Moderator, Government Contracts and Organizational Conflicts of Interest: Conflicts in an Increasingly Conflicted World, USGIF'S Geospatial & Remote Sensing Law Workshop, November 18, 2015
- Co-author, The Risks and Implications of Failing to Comply with U.S. Government Cyber and IT Requirements, Sera-Brynn, January 30, 2017
Honors and Awards
- Recognized by Legal 500 in the field of Government Contracts, 2019
- Chambers USA Ranked Lawyer, Government Contracts, Nationwide, 2019 – 2020
- Client Choice Award: Projects & Procurement in the District of Columbia, 2016
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
- Represented a disappointed offeror in a protest concerning a several-billion-dollar information technology procurement resulting in the agency taking corrective action and making an award to the client.
- Represented an offeror in a pre-award agency-level protest that resulted in the reversal of its exclusion from the competitive range and the award of a large biodefense contract in excess of $250 million.
- Represented a large manufacturer and distributor in a multi-year U.S. Department of Justice and U.S. General Services Administration investigation of qui tam whistleblower allegations regarding Trade Agreements Act compliance.
- Represented a large government contractor with respect to a data breach involving healthcare contracts.
- As part of an investigation of a data breach, counseled a large university with respect to its government contracts and grants information and cybersecurity requirements.
- Represented a leading foreign biodefense contractor in a public-to-public takeover through arrangement for approximately $300 million.
- Acted as specialty counsel representing a foreign company in its investment in a U.S.-based life sciences company with U.S. government contracts and grants.