Holly A. Roth

Senior Counsel

Overview

Holly Roth is a litigation attorney in Holland & Knight's Tysons office with significant government contracts experience. Ms. Roth focuses her practice on a wide range of counseling and litigation relating to federal, state and local government procurement matters, as well as federal assistance agreements and grants. She advises clients on compliance programs, protests, claims, disputes, Office of Inspector General (OIG) audit and investigation responses, as well as proposed suspensions and debarments.

Ms. Roth counsels clients on regulations that govern civilian and U.S. Department of Defense (DOD) agencies' acquisition of technology, both commercial and developmental, and the application of the Bayh-Dole Act. She has extensive experience with commercial, developmental, architect and engineering, and construction contracts with the federal government and prime contractors. She has also advised clients on foreign military sales and direct commercial sales using foreign military financing. The range of her experience includes firm fixed-price, time and material, and cost-plus type contracts.

Ms. Roth's experience includes the full range of government contract mergers and acquisitions (M&A) matters, such as due diligence to evaluate and mitigate the risk associated with acquiring a government contractor, and review and assessment of the potential target's compliance programs. She advises clients on the scope of representations required in stock and asset purchase agreements, Committee on Foreign Investment in the United States (CFIUS) filings and the applicability of novation agreements and information required to be included in novation agreements.

Ms. Roth has successfully represented clients in claims and disputes before state and federal Boards of Contract Appeals and the U.S. Court of Federal Claims, as well as in suspension and debarment proceedings before agency Suspension and Debarment Officials. She has successfully brought and defended against bid protests at the U.S. Government Accountability Office (GAO), Federal Claims Court and the Federal Aviation Administration's (FAA) Office of Dispute Resolution for Acquisition (ODRA).

In addition, Ms. Roth represents clients before the U.S. Small Business Administration (SBA) Office of Hearings and Appeals and counsels clients on compliance with the SBA's government contracting programs. Ms. Roth advises clients on the post-employment and conflict of interest restrictions that apply to federal government employees as well as the standards of ethical conduct for federal government employees.

Prior to joining Holland & Knight, Ms. Roth worked for a national law firm in its Washington, D.C., office.

Representative Experience

  • Represented an environmental remediation firm in a successful protest of the U.S. Army Corps of Engineers improper exclusion of the client from the competitive range in a multiple award acquisition
  • Represented an environmental remediation firm in successful bid protest of the U.S. Army Corps of Engineers award under the Environmental Footprint Reduction Ill – Afghanistan
  • Advised multiple corporations on the application of the inverted domestic corporation prohibition in government contracting
  • Prepared mandatory disclosure of overpayment and implemented compliance system improvements for a small business contractor
  • Participated in the acquisition of a government contractor, including drafting of specific government contract terms in stock purchase agreement and conduct of due diligence related to target's compliance with government contract specific regulations
  • Advised a client on required disclosures to the Committee on Foreign Investment in the United States (CFIUS) where client was being acquired by a foreign corporation
  • Successfully defended the award of a Federal Aviation Administration (FAA) contract
  • Successfully represented the largest provider of translation, transcription and interpretation services in a protest of the U.S. Department of Justice (DOJ) Drug Enforcement Agency's  (DEA) award of a five-year, $380 million Indefinite Delivery, Indefinite Quantity (IDIQ) contract before the U.S. Government Accountability Office (GAO)
  • Represented multiple U.S. General Services Administration (GSA) contractors against the government and qui tam relators' False Claims Act (FCA) investigation and subsequent lawsuits alleging noncompliance with the Trade Agreements Act (TAA)
  • Successfully countered anticipated agency Inspector General's (IG) recommendation of the proposed debarment of client; as a result, the agency suspension and debarment official declined to follow the IG's recommendation
  • On behalf of an international development consulting client, successfully protested the U.S. Department of State's Bureau of International Narcotics and Law Enforcement Affairs' failure to award the client one of the multiple, five-year IDIQ contracts, with a $10 billion ceiling, for worldwide civilian police and criminal justice assistance
  • On behalf of a leading engineering, project management and consultancy company, successfully protested the U.S. Coast Guard's award of a architect and engineering contract, including filing the protest at the GAO
  • On behalf of a small furniture manufacturer/distributer, successfully protested the GSA's award of a furniture contract on behalf of the U.S. Department of State
  • Successfully responded to U.S. Environmental Protection Agency's (EPA) proposed debarment of a petroleum products service company and demonstrated to the debarment official's satisfaction that the company was responsible
  • Conducted an internal investigation in response to a governmental investigation into allegations of mischarging under a government contract by client employees
  • Advised major, global investment firms with respect to their financing the acquisition of government contractors
  • Advised a client on steps required to obtain a facility security clearance
  • Advised multiple clients on best practices to protect intellectual property under the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS) and Bayh-Dole Act

Credentials

Education
  • American University, Washington College of Law, J.D., cum laude
  • University of Illinois, MBA
  • Scripps College, B.A.
Bar Admissions/Licenses
  • District of Columbia
  • Virginia
Court Admissions
  • U.S. Supreme Court
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the District of Columbia
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Federal Claims
Memberships
  • American Bar Association
  • The District of Columbia Bar Association
  • The Virginia Bar Association
  • National Association of Women Lawyers (NAWL)
Honors & Awards
  • Client Service All-Stars, Government Contracts Specialist, The BTI Consulting Group Inc., 2014, 2018
  • Chambers USA: America's Leading Business Lawyers guide, Government Contracts, 2015-2023
  • Martindale-Hubbell AV Preeminent Peer Review Rated

Publications

Speaking Engagements