Jeremy D. Burkhart

Jeremy Burkhart is an experienced government contracts and national security attorney in Holland & Knight's Tysons office. Mr. Burkhart focuses his practice on litigation, counseling, U.S. Small Business Administration (SBA) regulatory compliance, federal leasing, federal grants, mergers and acquisitions (M&A) and negotiating with the federal government.

Mr. Burkhart draws on his broad federal procurement experience, 15 years of military service and extensive professional network to solve clients' problems. As a former agency counsel, Mr. Burkhart has substantial experience advising contracting officers and understands the government's priorities and concerns. He leverages this insight to craft strategies that successfully resolve clients' issues while preserving positive business relationships with government customers. His standing in the government contracts field is reflected by his prior selection to serve on a presidential transition team and advise the incoming administration on federal procurement matters, as well as his frequent invitations to speak to legal and industry professionals on current issues. 

Mr. Burkhart has significant experience representing clients across the spectrum of the Defense Industrial Base (DIB), including new or traditionally commercial companies that wish to compete for prototype awards offered by the defense agencies. He regularly guides large and small companies that are entering the defense marketplace and frequently advises on the submission of proposals and white papers for requests for prototype proposals (RPP) and requests for white papers (RWP), as well as commercial solutions openings (CSOs). 

Mr. Burkhart has negotiated dozens of Other Transaction Agreements (OTAs), Technology Investment Agreements (TIAs) and Cooperative Research and Development Agreements (CRADAs), achieving favorable terms and protecting his clients' intellectual property (IP) and data rights. Mr. Burkhart's knowledge of OTAs and CSOs is widely recognized, and he frequently writes and speaks on the topics. His articles regularly appear in legal and industry publications such as Law360, National Defense Magazine and Nextgov/FCW.

He provides counsel and representation on all government contract matters, including claims, subcontracts and teaming agreements, SBA requirements and size and status protests, prime-subcontractor disputes, and suspension and debarment. He is extremely well versed in prosecuting and defending bid protests, whether before the U.S. Government Accountability Office (GAO), the U.S. Court of Federal Claims, the Federal Aviation Administration's (FAA) Office of Dispute Resolution for Acquisition (ODRA) or at the agency level. Mr. Burkhart has litigated hundreds of bid protests. He also represents clients on procurement matters at the state and local level, and he has handled numerous protests of such procurements. 

Mr. Burkhart also has significant experience preparing and negotiating requests for equitable adjustment (REAs) and claims under the Contract Disputes Act. He has first-chaired scores of contract disputes before the Armed Services Board of Contract Appeals (ASBCA), Civilian Board of Contract Appeals (CBCA) and U.S. Court of Federal Claims. Many of these cases involved complex federal construction or military construction (MILCON) projects, and he has successfully tried cases involving issues of delay, critical path, defective specifications, differing site conditions and terminations for default in front of the ASBCA. 

In addition, Mr. Burkhart regularly advises clients on federal leasing matters. He has represented several clients in lease disputes before the CBCA and U.S. Court of Federal Claims in cases involving traditional GSA leases and Enhanced-Use Leases (EULs). 

Furthermore, Mr. Burkhart regularly defends contractors who have been suspended or proposed debarment and aggressively represents companies that are under investigation by the government or that have been proposed for civil or administrative enforcement. Drawing on extensive trial experience and years spent as a U.S. Army defense counsel, Mr. Burkhart brings a strategic perspective to every matter – identifying vulnerabilities in the government's position and developing the evidentiary record needed to refute accusations. 

He also has significant knowledge of the issues facing government contractors engaged in M&A and has represented clients in many such deals, including transactions involving companies that hold classified contracts. Mr. Burkhart also regularly advises on post-transaction matters such as novations.

In the national security space, Mr. Burkhart advises clients on obtaining and maintaining facility security clearances (FCLs), from sponsorship and application through compliance with the National Industrial Security Program Operating Manual (NISPOM). He also helps companies with foreign ownership, control or influence (FOCI) concerns to assess their exposure, and he negotiates mitigation measures with the Defense Counterintelligence and Security Agency (DCSA).

Additionally, Mr. Burkhart helps clients understand their cybersecurity obligations under federal regulations and contract clauses, including requirements to protect controlled unclassified information (CUI). He also guides them through the Cybersecurity Maturity Model Certification (CMMC) program, from assessing which certification level applies to preparing for assessment and flowing requirements down to subcontractors. He assists service providers to navigate the Federal Risk and Authorization Management Program (FedRAMP) authorization process to offer their products to federal agencies and contractors. 

Prior to joining Holland & Knight, Mr. Burkhart served on active duty in the U.S. Army as a judge advocate (JAG) for nine years, where he advised senior military leaders on significant government acquisitions and regularly served as lead counsel in high-stakes litigation, including several jury trials. Mr. Burkhart is a veteran of the war in Afghanistan and continues to serve in the U.S. Army Reserve.