Overview
Ben R. Smith is a government contracts attorney in Holland & Knight's Tysons office and a member of the Litigation and Dispute Resolution Practice. Mr. Smith's practice focuses on bid protests, contract claims, small business counseling, transactions involving government contractors, government contracts compliance, federal grant compliance and investigations, offering strategic solutions to clients as they navigate the procurement process.
Mr. Smith offers counseling to government contractors and federal grant recipients. He has in-depth knowledge of U.S. Small Business Administration's (SBA) procurement regulations and frequently counsels small business clients on compliance requirements. Mr. Smith also has a significant background in representing government contractors in bid protest litigation and assisting government contractors through mergers and acquisitions (M&A). In addition to his work with work with federal procurements, Mr. Smith also advises clients on issues concerning state and local procurements.
Prior to joining Holland & Knight, Mr. Smith was a judicial law clerk to the Honorable Thompson M. Dietz of the U.S. Court of Federal Claims. In this role, he gained hands-on experience handling litigation related to bid protests, contract claims, federal takings and military pay, as well as other areas of law in the court's specialized jurisdiction.
While in law school, Mr. Smith served as a research assistant to Christopher Yukins, the Lynn David Research Professor in Government Procurement Law at The George Washington University Law School, and contributed research and analysis to a report to the Administrative Conference of the United States that made recommendations for improvements to the agency-level protest procedures across the federal government. Mr. Smith also gained valuable insight into procurements at the local level as an intern in Office of General Counsel for the District of Columbia's Office of the Chief Financial Officer.
Representative Experience
- Represented a defense contractor in a U.S. Court of Federal Claims protest challenging a $325 million logistics contract
- Successfully defended a $42 million U.S. Department of Defense (DOD) award to an 8(a) small business at the U.S. General Accountability Office (GAO)
- Frequently counsels small businesses on navigating the U.S. Small Business Administration's (SBA) 8(a) Business Development, Service-Disabled Veteran-Owned Small Business (SDVOSB), Woman-Owned Small Business (WOSB) and Historically Underutilized Business Zones (HUBZone) programs
- Regularly drafts, reviews and revises operating agreements, teaming agreements, subcontracts, joint venture agreements and nondisclosure agreements to ensure compliance with SBA rules and regulations
- Advised on government contracts matters regarding due diligence in connection with the $46 million sale of a government contractor with government contracts being performed across four continents
- Assisted a large manufacturing company on the transfer of more than 100 state and local government contracts across the U.S. as part of a large-scale corporate restructuring
- Frequently provides guidance to private equity firms on the rules for investing in small business government contractors, including the potential impact of private equity investment on a contractor's small business status
- Aided a battery manufacturer with navigating the award process of a $7 million federal grant award from the U.S. Department of Energy (DOE), including developing robust compliance programs, protecting data rights and clearing a foreign national for project participation
- Advised a construction company to navigate compliance with a grant awarded by a state port authority pursuant to the Inflation Reduction Act (IRA)
- Investigated the manufacturing and import practices of 15 companies for potential "Made in USA" violations
- Defended a small business in connection with a Paycheck Protection Program (PPP) loan inquiry from the U.S. Small Business Administration (SBA)
Credentials
- The George Washington University Law School, J.D., Concentration in Government Procurement
- Wake Forest University, B.A., cum laude
- District of Columbia
- Virginia
- U.S. Court of Federal Claims
- American Bar Association (ABA), Section of Public Contract Law, Small Business and Other Socioeconomic Programs Committee, Vice Chair, 2024-Present
- District of Columbia Bar Association
- Court of Federal Claims Bar Association
- President's Volunteer Service Award, The George Washington University Law School, 2020