David Dempsey

Partner

Northern Virginia
t: 703-720-8657

David Dempsey has practiced in the area of U.S. federal, state, and local procurement law and regulations, as well as their international counterparts for 30 years. Prior to entering private practice in 1982, Mr. Dempsey worked at the Defense Logistics Agency and the Defense Fuel Supply Center, components of the Department of Defense.

Mr. Dempsey has over 30 years experience in procurement laws, regulations and policies pertinent to federal and state agencies for all types of contracts. The areas include contractor rights in technical data and computer software; protection of contractor intellectual properties strategies and licensing; industrial security regulations and compliance (NISPOM); foreign military sales/foreign military funding, export control compliance and planning (EAR, ITAR, OFAC); foreign procurement (Buy American Act, NATO, MOUs, Trade Agreements Act, NAFTA, WTO Government Procurement Agreement, NATO SOFAs); DCAA audits; cost principles; Cost Accounting Standards; contract pricing and price adjustments; information technology contracts; research and development contracts; architect and engineering contracts, organizational conflict of interest; contract terminations; change order proposals and equitable adjustments; protests and contract disputes litigation in all forums; international transactions (formation, negotiation, administration, arbitration, litigation); OMB Circular A-76, federal, state and local outsource and privatization contracting; teaming agreement, joint venture, and subcontracting issues and negotiations; procurement related labor statutes (Service Contract Act, Fair Labor Standards Act exemptions, Davis-Bacon Act); Freedom of Information Act (FOIA) strategies; and suspension/debarment.

With procurement law as his foundation, Mr. Dempsey has developed specific technical knowledge in all areas of the government contracting. His articles have appeared in several legal and business publications, and he has presented numerous lectures, on these and related subjects since 1982.

Professional Honors & Awards

Appointed to the Federal Advisory Committee to the Department of Defense to revise the regulations on technical data and software

Memberships

Contract Services Association, General Counsel (1990-2007) and Prior committee chair (1995-1998)
ABA Public Contract Law Section
Council of Defense and Space Industries Association
American Council of Engineering Companies (ACEC), Member
Information Technology Association of America, Procurement Policy Committee

Court Admissions

U.S. District Court for the Eastern District of Virginia
U.S. Court of Federal Claims
U.S. Appeals Courts, D.C. Circuit
U.S. Appeals Courts, Fourth Circuit
U.S. Supreme Court
All State Courts in Virginia
U.S. District Court for the District of Columbia
All Courts in District of Columbia
U.S. Appeals Courts, Federal Circuit

Speaking Engagements

"Federal Acquisition Under the Davis-Bacon Act," Contract Services Association Seminars, Arlington, VA, 2003-2007
"Unallowable Costs: Contract Law for Non-Lawyers," American Council of Engineering Companies Seminar, March 2007
"Operating Under the Service Contract Act," Contract Services Association Seminars, Los Angeles, CA, 1991-2007
"Government Contract for Non-Lawyers," Government Horizons Seminars, January/April 2007
"Protecting Investments in Intellectual Property," National Contract Management Association audio seminar, April 2005
"Barriers to Foreign Trade in U.S. Procurement," British Embassy Presentation, Washington D.C., March 2005
"Research & Development Contracting," NIH Acquisition Management Symposium, Cumberland, MD, November 2004
"GSA IT Schedules: Business Prospective," Denmark-American Business Forum Presentaion, Copenhagen, Denmark, January 2004
"The U.S. Federal Acquisition Regulation System," Denmark-American Business Forum Presentation, Copenhagen, Denmark, January 2004
"Intellectual Property Rights," Federal Contracting 2004, Government Contracting Institute Presentation, Washington, D.C., November 2003
"Licensing Technical Data and Computer Software to the Federal Government," Government Contracting Institute Seminar, Washington, D.C., October 2003
"The Laws of Executive Compensation," Government Contracting Institute Seminar, Washington, D.C., October 2002
"ABCs of Writing Winning Proposals and How to Ace Oral Proposals Workshop," Government Contracting Institute Seminar, Washington D.C., September 2002
"How to Ace Federal Contract Audits," Government Contracting Institute Seminar, Washington, D.C., October 2000
"Intellectual Property Rights Under U.S. Government Procurement: intellectual property rights and protection data, software, patents, copyrights," Various seminars venues: Washington D.C., Ottawa, Canada, Washington D.C., and Austin, Texas., 1991-93
"U.S. Defense Contracting: technical data rights, cost or pricing data, cost prinicples, subcontractor clauses, negotiation techniques and strategy," London, England Seminar, 1985-90

Published Articles & Books

"New Rules for Contractors Performing in Overseas Designating Operational Areas: What You Need to Know," Service Contractor, June 2008
"Liability for Health & Welfare: Cost Increases Experienced by Defined Benefit Plans," Service Contractor, Fall 2005
"Fraud: The F Word in Government Contracting," Service Scope Issue Brief, June 2005
"National Security Issues in Cross-Border Mergers, Acquisitions and Joint Ventures (co-author)," The Metropolitan Corporate Counsel, May 2004
"2004 DOD Authorization Act Includes Several Important Procurement Policy Changes," Government Contracts, December 10, 2003
"Computer Related Exemptions under the Service Contract Act," The Clause (Board of Contract Appeals Bar Association), February/March 2002
"Impact of the President's Proclamation of a National Emergency on Contracting with the Federal Government," The Metropolitan Corporate Counsel (co-author), January 2002
"Terrorist Attacks Trigger Federal Procurement Initiatives," Government Contracts, Newsletter - December 2001
"The Computer-Related Occupation Exemption under the Service Contract Act," Government Contracts, Newsletter - December 2001
"Contracting with the U.S. Air Force," Government Contracts, November 20, 2001
"Contracting without an Appropriation," Government Contracts, November 20, 2001
"Holland & Knight Assistance," Government Contracts, November 20, 2001
"Impact of the President’s Proclamation of a National Emergency on Contracting with the Federal Government," Government Contracts, November 20, 2001
"Implications under the Defense Production Act," Government Contracts, November 20, 2001
"Pentagon Seeks Ideas to Combat Terrorism," Government Contracts, November 20, 2001
"Best Value Proposals Under OMB Circular A-76," Proposal Management, Spring 2001
"Are You Properly Evaluating Your MEO," Contract Management (co-author), January 2001
"Contracting Out Under OMB Circular A-76, Best Value Selection," Outsourcing & Privatization Forum , May-June 2000
"Bi-monthly column on legal/business issues related to e-commerce with federal and state agencies," E-Gov Journal, 2000 - 2001
"Check the Web," Contract Management Magazine (periodic columns on utilizing the Internet), 2000 - 2001
"The FAR Rewrite - Two Years Later," National Contract Management Journal , September 1999
"The Euro 11: Adopting a Single Currency," Contract Management, January 1999
"Statutes & Regulations Governing Allowable Executive Compensation: An Overview," Government Contract Costs, Pricing, and Accounting Report (Issue 98-2), February 1998
"The Service Contract Act: A Look at Procurement and Labor Issues," Contract Management (Topical Issues in Procurement Series), December 1997
"Understanding the FAR Part 15 Rewrite," National Contract Management Association (co-author), December 1997
"Federal Agency Responsibility Under the Electronic Freedom of Information Act Amendments of 1996," The Government Contractor, Vol. 39, No. 16, April 1997
"Governmet Contractor Liability for Design Defects after Boyle," 19 Public Contract Law Journal 405, June 1990
"The Automatic Suspension Provision for GAO Bid Protests: When 10 Days May Not Be 10 Days," Contract Management (co-author), March 1990
"Federal Contractor Obligations Under the Drug-Free Workplace Act of 1998, 4," Defense Contract Litigation Reporter (co-author), February 1989
"Contracting Out Under OMB Circular A-76 in the Department of Defense, 16," National Contract Management Association Journal 41-51, June 1982
"Foreign Procurement Under Memoranda of Understanding and the Trade Agreements Act, 4," Public Contract Law Journal 221-254, March 1982

Practices

Education

Bar Admissions