Rick Claybrook - Washington DC Government Contracts Lawyer

Practices

Government Contracts

Litigation

Homeland Security

Middle East & North Africa

Education

Wheaton College (Illinois), A.B. (1973) cum laude
Duke University School of Law, J.D. (1976) with honor

Admissions

District of Columbia
Ohio

Home > Professionals > Frederick (Rick) W. Claybrook Jr.

Frederick (Rick) W. Claybrook Jr.
Partner
rclaybrook@crowell.com

Washington
1001 Pennsylvania Avenue, N.W.
Washington, DC 20004-2595
Phone: 202.624.2695
Fax: 202.628.5116

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Publications

"Please Check Your Crystal Ball at the Courtroom Door – A Call for the Judiciary in Bid Protest Actions to Let Agencies Do Their Job," Public Contract L. J., vol. 38, no. 2 (Winter 2009). Author: Frederick W. Claybrook, Jr.
"It's Patent that 'Plain Meaning' Dictionary Definitions Shouldn't Dictate: What Phillips Portends for Contract Interpretation," 16 Fed. Cir. B.J. 91 (2006). Author: Frederick W. Claybrook, Jr.
"Declaratory Judgment Actions - An Effective Tool for Serious Situations," The Procurement Lawyer, Vol. 41, No. 3 (Spring 2006). Co-Authors: Frederick W. Claybrook and J. Chris Haile.
"Standing, Prejudice, and Prejudging in Bid Protest Cases," 33 Public Contract L.J. 535 (2004). Author: Frederick W. Claybrook, Jr.
"Analysis & Perspective: The Particular Perils of the Sarbanes-Oxley Act for Government Contractors," Federal Contracts Report, vol. 78, no. 21 (2002). Co-Authors: W. Stanfield Johnson and Frederick W. Claybrook Jr.
"A Modest Proposal: Why Not Award Lost Profits to a Disappointed Bidder?," 33 The Procurement Lawyer 8 (Summer 1999). Author: Frederick W. Claybrook, Jr.
"The Initial Experience of the Court of Federal Claims in Applying the Administrative Procedure Act in Bid Protest Actions - Learning Lessons All Over Again," 29 Public Contract L.J. 1 (1999). Author: Frederick W. Claybrook, Jr.
"The Termination Loss Ratio Formula: A Suggested Alternative to More Accurately Account for Constructive Changes," 71 BNA's Federal Contracts Report 236 (1999). Co-Authors: Frederick W. Claybrook, Jr., and Mark Bleiweis.
"Why Not Bring a Bid Protest in the GSBCA - Or in the ASBCA, for That Matter?," 69 Federal Contracts Report 602 (May 1998). Author: Frederick W. Claybrook, Jr.
"Good Faith in the Termination and Formation of Federal Contracts," 56 M. Law Rev. 555 (1997). Author: Frederick W. Claybrook, Jr.
"The Federal Courts Improvement Act Needs Improvement: A Renewed Call for Its Amendment," 21 Public Contract L.J. 1 (1991). Author: Frederick W. Claybrook, Jr.
"Section 1981 and Discrimination in Private Schools," 1976 Duke L.J. 125. Author: Frederick W. Claybrook, Jr.
"Implied Waiver of a State's Eleventh Amendment Immunity," 1974 Duke L.J. 925. Author: Frederick W. Claybrook, Jr.

Alerts & Newsletters

"CORRECTION: Congress to Vote on Radically Altering CFC's Bid Protest Timeliness Rules," Government Contracts Bullet Points (May 15, 2012). Contacts: Thomas P. Humphrey, Frederick (Rick) W. Claybrook Jr., James G. Peyster.

"Routine Request Still "Undisputed" Years Later," Government Contracts Bullet Points (April 27, 2012). Contacts: Frederick (Rick) W. Claybrook Jr., W. Stanfield Johnson.

"NAFI Or Not, Contractors Can Sign Away Their Right To Appeal," (March 16, 2012). Contacts: Frederick (Rick) W. Claybrook Jr., Brian T. McLaughlin.

"NAFI Contractor Goes Straight to Court When CO Fails to Issue Final Decision," Government Contracts Bullet Points (January 24, 2012). Contacts: Frederick (Rick) W. Claybrook Jr., Brian T. McLaughlin.

"Turn Square Corners or Sit on Sideline," Government Contracts Bullet Points (January 9, 2012). Contacts: Frederick (Rick) W. Claybrook Jr., Daniel R. Forman.

"Chance to Change Pricing Generally Required After Corrective Action," Government Contracts Bullet Points (October 27, 2011). Contacts: Frederick (Rick) W. Claybrook Jr., James G. Peyster.

"Claim Accrues Before an Impasse," Government Contracts Bullet Points (September 28, 2011). Contacts: Frederick (Rick) W. Claybrook Jr., J. Chris Haile.

"How Do You Prove Prejudice in a Protest?," Government Contracts Bullet Points (September 26, 2011). Contacts: Frederick (Rick) W. Claybrook Jr., James G. Peyster.

"CFC Faults Agency for Circumventing Protests," Government Contracts Bullet Points (July 20, 2011). Contacts: Frederick (Rick) W. Claybrook Jr., James G. Peyster.

"Section 508 Compliance Takes Hit from the Federal Circuit," Government Contracts Bullet Points (June 23, 2011). Contacts: Frederick (Rick) W. Claybrook Jr., James G. Peyster.

"No Preferential T&C's Mods Allowed for Commercial Item Buys," Government Contracts Bullet Points (June 20, 2011). Contacts: Frederick (Rick) W. Claybrook Jr., James G. Peyster.

"Touhy Fooey," Government Contracts Bullet Points (May 6, 2011). Contacts: Frederick (Rick) W. Claybrook Jr., Andy Liu.

"Agency's "Mail Storm" Excuses Late Proposal," Government Contracts Bullet Points (March 31, 2011). Contact: Frederick (Rick) W. Claybrook Jr..

"Take Care to Preserve Ordering and Option Rights," Government Contracts Bullet Points (February 23, 2011). Contacts: Frederick (Rick) W. Claybrook Jr., J. Chris Haile.

"Tucker Act Reaches More NAFIs Than Many Thought," Government Contracts Bullet Points (February 2, 2011). Contacts: Frederick (Rick) W. Claybrook Jr., Brian T. McLaughlin.

"Inadequate Justification for Restrictive Requirements Leads to Injunction," Government Contracts Bullet Points (January 10, 2011). Contacts: Frederick (Rick) W. Claybrook Jr., John E. McCarthy Jr..

"Negative Responsibility Determination Overturned," Government Contracts Bullet Points (December 2, 2010). Contacts: Frederick (Rick) W. Claybrook Jr., John E. McCarthy Jr..

"Damages Available For Government Breach of CRADA," Government Contracts Bullet Points (November 24, 2010). Contacts: Frederick (Rick) W. Claybrook Jr., J. Chris Haile.

"Auction Concept Still Lives at CFC," Government Contracts Bullet Points (November 10, 2010). Contacts: Frederick (Rick) W. Claybrook Jr., James G. Peyster.

"Market Value is the Price of Holdover Tenancy," Government Contracts Bullet Points (October 12, 2010). Contacts: Frederick (Rick) W. Claybrook Jr., Brian T. McLaughlin.

"Technology Replacement Clause Requires Actual Replacement," Government Contracts Bullet Points (September 28, 2010). Contacts: Frederick (Rick) W. Claybrook Jr., Brian T. McLaughlin.

"Equal Treatment Applies Even If Minimum Discussions Threshold Met," Government Contracts Bullet Points (August 6, 2010). Contacts: Frederick (Rick) W. Claybrook Jr., Peter Eyre.

"Don't Want a Setoff? Better Say It," Government Contracts Bullet Points (July 13, 2010). Contacts: Frederick (Rick) W. Claybrook Jr., Brian T. McLaughlin.

"No Tolerance For Not Meeting Storage Requirements," Government Contracts Bullet Points (May 3, 2010). Contacts: Frederick (Rick) W. Claybrook Jr., James G. Peyster.

"CFC Has Jurisdiction Over "Nonprocurement" Protests," Government Contracts Bullet Points (March 29, 2010). Contacts: Frederick (Rick) W. Claybrook Jr., Jonathan M. Baker.

"No Warranty Without Express Language," Government Contracts Bullet Points (February 24, 2010). Contacts: Frederick (Rick) W. Claybrook Jr., Richard Arnholt.

"Check For Weed," Government Contracts Bullet Points (February 19, 2010). Contacts: Frederick (Rick) W. Claybrook Jr., Richard Arnholt.

"Blanket Purchase Order Does Not Equal Task Order Contract," Government Contracts Bullet Points (January 19, 2010). Contact: Frederick (Rick) W. Claybrook Jr..

"Two Bites Allowed If In Different Spots On The Apple," Government Contracts Bullet Points (January 6, 2010). Contacts: Frederick (Rick) W. Claybrook Jr., Brian T. McLaughlin.

"Limits On Bid Protest Review Reinforced," Government Contracts Bullet Points (December 8, 2009). Contact: Frederick (Rick) W. Claybrook Jr..

"Many Small Projects Do Not Equal One Big Project," Government Contracts Bullet Points (September 28, 2009). Contacts: Frederick (Rick) W. Claybrook Jr., Peter Eyre.

"Get There On Time, Or The Party's Over," Government Contracts Bullet Points (August 28, 2009). Contacts: Frederick (Rick) W. Claybrook Jr., David Z. Bodenheimer.

"Fraud Or Indiscretion? It Depends Who You Are," Government Contracts Bullet Points (July 8, 2009). Contacts: Frederick (Rick) W. Claybrook Jr., J. Chris Haile.

"Inexact IDIQ Exercise = Constructive Change," Government Contracts Bullet Points (June 4, 2009). Contacts: Frederick (Rick) W. Claybrook Jr., J. Chris Haile.

"Federal Circuit Reaffirms Deferential OCI Standard," Government Contracts Bullet Points (May 6, 2009). Contacts: Frederick (Rick) W. Claybrook Jr., Thomas P. Humphrey, John E. McCarthy Jr..

"Crystal-Ball Jurisprudence Critiqued," Government Contracts Bullet Points (April 17, 2009). Contact: Frederick (Rick) W. Claybrook Jr..

"Fraudulent Claim Gets The Triple Whammy," Government Contracts Bullet Points (March 3, 2009). Contacts: Frederick (Rick) W. Claybrook Jr., Andy Liu.

"B&P Costs Plus Injunctive Relief Permitted," Government Contracts Bullet Points (February 24, 2009). Contacts: Frederick (Rick) W. Claybrook Jr., Adelicia R. Cliffe.

"Tech Bundling Justified For Emergency Situations," Government Contracts Bullet Points (January 2, 2009). Contacts: Frederick (Rick) W. Claybrook Jr., Amy Laderberg O'Sullivan.

"Protestor Bags Redo and B&P Costs, Too," Government Contracts Bullet Points (October 15, 2008). Contacts: Frederick (Rick) W. Claybrook Jr., John E. McCarthy Jr..

"Alternative Procurement Yields Protestor Bid Preparation Costs," Government Contracts Bullet Points (October 2, 2008). Contact: Frederick (Rick) W. Claybrook Jr..

"Competitive Range Of One Gets Close Scrutiny," Government Contracts Bullet Points (September 25, 2008). Contacts: Frederick (Rick) W. Claybrook Jr., David Z. Bodenheimer.

"CFC Has "Pre-Procurement" Protest Jurisdiction," Government Contracts Bullet Points (August 29, 2008). Contacts: Thomas P. Humphrey, Frederick (Rick) W. Claybrook Jr..

"Supremes Allow Paralegal Fees Recovery At Market Rates," Government Contracts Bullet Points (June 3, 2008). Contacts: Frederick (Rick) W. Claybrook Jr., Peter Eyre.

"No Prime Liability = No Pass-Through," Government Contracts Bullet Points (May 6, 2008). Contacts: J. Chris Haile, Frederick (Rick) W. Claybrook Jr..

""//signed//" Doesn't Cut It," Government Contracts Bullet Points (April 30, 2008). Contacts: J. Chris Haile, Frederick (Rick) W. Claybrook Jr..

"Beware The Cooperative Agreement," Government Contracts Bullet Points (April 21, 2008). Contacts: Frederick (Rick) W. Claybrook Jr., Richard Arnholt.

"GAO To Staff New Contract Appeals Board," Government Contracts Bullet Points (April 9, 2008). Contact: Frederick (Rick) W. Claybrook Jr..

"GAO Repeats Protective Order Warning," Government Contracts Bullet Points (April 3, 2008). Contact: Frederick (Rick) W. Claybrook Jr..

"Court Of Federal Claims Examines Contracting Authority," Government Contracts Bullet Points (March 5, 2008). Contacts: Frederick (Rick) W. Claybrook Jr., Peter Eyre.

"GAO Slams Protestor For Protective Order Violation," Government Contracts Bullet Points (February 5, 2008). Contact: Frederick (Rick) W. Claybrook Jr..

"Potential OCI Short-Circuits Sole-Source Award," Government Contracts Bullet Points (January 17, 2008). Contacts: Frederick (Rick) W. Claybrook Jr., Thomas P. Humphrey.

"Be Certain of The Sum Certain," Government Contracts Bullet Points (December 4, 2007). Contacts: Frederick (Rick) W. Claybrook Jr., John E. McCarthy Jr..

"Interest Paid Is Recoverable In Damages," Government Contracts Bullet Points (October 15, 2007). Contacts: Frederick (Rick) W. Claybrook Jr., J. Chris Haile.

"Little Dab of Fraud Will Do Ya (In)," Government Contracts Bullet Points (September 19, 2007). Contacts: Frederick (Rick) W. Claybrook Jr., J. Chris Haile.

"Gotta Give A Guy A Fair Chance On The Redo," Government Contracts Bullet Points (September 14, 2007). Contacts: Frederick (Rick) W. Claybrook Jr., David Z. Bodenheimer.

"Court Dumps CICA Stay Override," Government Contracts Bullet Points (September 5, 2007). Contacts: Frederick (Rick) W. Claybrook Jr., J. Chris Haile.

"State Slammed For Adopting GAO Recommendation," Government Contracts Bullet Points (August 22, 2007). Contacts: Frederick (Rick) W. Claybrook Jr., Peter Eyre.

"New Timeliness Rule Sinks Ferry’s Protest," Government Contracts Bullet Points (June 27, 2007). Contacts: David Z. Bodenheimer, Frederick (Rick) W. Claybrook Jr..

"Ambiguous Instructions Give Disqualified Offeror A Second Chance ," Government Contracts Bullet Points (June 12, 2007). Contact: Frederick (Rick) W. Claybrook Jr..

"Bad Faith Conduct Pervades Contract," Government Contracts Bullet Points (April 25, 2007). Contacts: Frederick (Rick) W. Claybrook Jr., Brian T. McLaughlin.

"Patent Case Has Implications For Contract Interpretation," Government Contracts Bullet Points (April 24, 2007). Contacts: Frederick (Rick) W. Claybrook Jr., W. Stanfield Johnson.

"CFC Sets Out Contract Interpretation Standards," Government Contracts Bullet Points (March 26, 2007). Contacts: W. Stanfield Johnson, Frederick (Rick) W. Claybrook Jr..

"Federal Circuit Opens Split Over Paralegal Reimbursement Under EAJA," Government Contracts Bullet Points (January 12, 2007). Contacts: Frederick (Rick) W. Claybrook Jr., J. Chris Haile.

"Lost Profits Available For Long-Term Contract Breach ," Government Contracts Bullet Points (November 28, 2006). Contacts: Frederick (Rick) W. Claybrook Jr., J. Chris Haile.

"It Doesn't Have To Be Fancy," Government Contracts Bullet Points (October 4, 2006). Contacts: Frederick (Rick) W. Claybrook Jr., J. Chris Haile.

"T4C, IDIQ Clauses Are No Safe Harbor Against Breach Damages," Government Contracts Bullet Points (September 12, 2006). Contacts: Frederick (Rick) W. Claybrook Jr., Brian T. McLaughlin.

""The New Contract Is Better" Isn't A Justification," Government Contracts Bullet Points (August 11, 2006). Contact: Frederick (Rick) W. Claybrook Jr..

"Board Wields Sanctions To Enforce CDA Subpoena Against DOJ," Government Contracts Bullet Points (August 1, 2006). Contacts: Frederick (Rick) W. Claybrook Jr., J. Chris Haile.

"Changing Court Rules Signal Changing Court ," Government Contracts Bullet Points (July 25, 2006). Contact: Frederick (Rick) W. Claybrook Jr..

"Contracting Authority Analyzed In 3 Cases," Government Contracts Bullet Points (June 16, 2006). Contacts: Frederick (Rick) W. Claybrook Jr., Peter Eyre.

"Restricted Recompetition Given Close Scrutiny," Government Contracts Bullet Points (June 13, 2006). Contacts: Frederick (Rick) W. Claybrook Jr., Marc F. Efron.

"Sample Tasks Must Be Reasonable Proxy For Entire Contract," Government Contracts Bullet Points (June 8, 2006). Contacts: Frederick (Rick) W. Claybrook Jr., Thomas P. Humphrey.

"Order Of Precedence Clause Gets Boost," Government Contracts Bullet Points (June 6, 2006). Contacts: Frederick (Rick) W. Claybrook Jr., George D. Ruttinger.

"You Makes Your Choice And Takes Your Chances," Government Contracts Bullet Points (May 30, 2006). Contact: Frederick (Rick) W. Claybrook Jr..

"You Must Ante Up To Play In The Game ," Government Contracts Bullet Points (May 11, 2006). Contact: Frederick (Rick) W. Claybrook Jr..

"Declaratory Judgment Actions Examined," Government Contracts Bullet Points (May 8, 2006). Contacts: Frederick (Rick) W. Claybrook Jr., J. Chris Haile.

"Too Bad, So Sad," Government Contracts Bullet Points (April 25, 2006). Contact: Frederick (Rick) W. Claybrook Jr..

"Breach Of Good Faith Doesn't Require Malice ," Government Contracts Bullet Points (April 3, 2006). Contact: Frederick (Rick) W. Claybrook Jr..

"Union Obtains Protest Relief In District Court," Government Contracts Bullet Points (March 8, 2006). Contact: Frederick (Rick) W. Claybrook Jr..

"Chutzpah Goes Unrewarded," Government Contracts Bullet Points (February 24, 2006). Contact: Frederick (Rick) W. Claybrook Jr..

"No Out-Of-Pockets, No Interest ," Government Contracts Bullet Points (February 10, 2006). Contact: Frederick (Rick) W. Claybrook Jr..

"Termination Clause Trumps Cost-Sharing ," Government Contracts Bullet Points (January 30, 2006). Contact: Frederick (Rick) W. Claybrook Jr..

"Termination Clause Trumps Cost-Sharing," Government Contracts Bullet Points (January 23, 2006). Contact: Frederick (Rick) W. Claybrook Jr..

"Collateral Contracts Rule Explained," Government Contracts Bullet Points (December 30, 2005). Contact: Frederick (Rick) W. Claybrook Jr..

"Unfair Disqualification Results In Reinstatement ," Government Contracts Bullet Points (December 19, 2005). Contact: Frederick (Rick) W. Claybrook Jr..

"Court Tells Agency To Address Illicit Advantage In Recompetition," Financial Services Alert (December 2, 2005). Contact: Frederick (Rick) W. Claybrook Jr..

"Stay of FSS Procurement Requires Prompt Action," Government Contracts Bullet Points (November 9, 2005). Contact: Frederick (Rick) W. Claybrook Jr..

"USPS Auction Crash Lands ," Government Contracts Bullet Points (November 1, 2005). Contact: Frederick (Rick) W. Claybrook Jr..

"Agency Playing Favorites Leads To Bad Faith Termination," Government Contracts Bullet Points (October 18, 2005). Contact: Frederick (Rick) W. Claybrook Jr..

""Certain" Means No Weasel Words," Government Contracts Bullet Points (September 30, 2005). Contact: Frederick (Rick) W. Claybrook Jr..

"Evaluation Backup Gets Hard Look," Government Contracts Bullet Points (September 20, 2005). Contact: Frederick (Rick) W. Claybrook Jr..

"Cancellation Of RFP Upended," Government Contracts Bullet Points (August 18, 2005). Contact: Frederick (Rick) W. Claybrook Jr..

"Court Limits Good Faith Presumptions Of Government," Government Contracts Bullet Points (July 14, 2005). Contact: Frederick (Rick) W. Claybrook Jr..

"Constitutionality Of SDB Preference Still Undecided ," Government Contracts Bullet Points (July 12, 2005). Contact: Frederick (Rick) W. Claybrook Jr..

"Subs: Don't Forget The Disputes Clause," Government Contracts Bullet Points (July 6, 2005). Contact: Frederick (Rick) W. Claybrook Jr..

"Potential Loss Of Workforce Supports Incumbent's Injunction," Government Contracts Bullet Points (June 16, 2005). Contact: Frederick (Rick) W. Claybrook Jr..

"Contractor Must Actually Receive Final Decision To Start The Clock," Government Contracts Bullet Points (May 20, 2005). Contact: Frederick (Rick) W. Claybrook Jr..

"Federal Circuit Clarifies Prejudice Review In Bid Protest Cases," Government Contracts Bullet Points (April 26, 2005). Contact: Frederick (Rick) W. Claybrook Jr..

"Agency Can't Ignore Obvious Costs In Evaluation," Government Contracts Bullet Points (April 18, 2005). Contact: Frederick (Rick) W. Claybrook Jr..

"Court Tackles Hubzone Issues In Two Cases," Government Contracts Bullet Points (April 12, 2005). Contact: Frederick (Rick) W. Claybrook Jr..

"Using Available Funds For Other Purposes No Excuse For Breach," Government Contracts Bullet Points (March 22, 2005). Contact: Frederick (Rick) W. Claybrook Jr..

"Punctilious Performance Required For Recovery ," Government Contracts Bullet Points (March 4, 2005). Contact: Frederick (Rick) W. Claybrook Jr..

"R-E-V-I-E-W Does Not Spell R-E-L-I-E-F," Government Contracts Bullet Points (December 6, 2004). Contact: Frederick (Rick) W. Claybrook Jr..

"Court Reviews Past Performance Evaluation On Existing Contract," Government Contracts Bullet Points (November 1, 2004). Contact: Frederick (Rick) W. Claybrook Jr..

"Partial Termination Doesn't Allow Repricing In Commercial Services Contract," Government Contracts Bullet Points (October 26, 2004). Contacts: J. Chris Haile, Frederick (Rick) W. Claybrook Jr..

"Divided Federal Circuit Disallows Recovery Of Interest As Damages," Government Contracts Bullet Points (October 14, 2004). Contact: Frederick (Rick) W. Claybrook Jr..

"Agency Liable For Negligent Estimate In LOE Contract," Government Contracts Bullet Points (October 7, 2004). Contact: Frederick (Rick) W. Claybrook Jr..

"A Day Early Is Too Late," Government Contracts Bullet Points (September 29, 2004). Contacts: J. Chris Haile, Frederick (Rick) W. Claybrook Jr..

"ASBCA Declares Material Breach, Allows Contractor To Stop Work," Government Contracts Bullet Points (September 7, 2004). Contact: Frederick (Rick) W. Claybrook Jr..

"Cardinal Change In MOD Requires Competition," Government Contracts Bullet Points (August 23, 2004). Contact: Frederick (Rick) W. Claybrook Jr..

"SDB Preference Constitutional," Government Contracts Bullet Points (August 2, 2004). Contact: Frederick (Rick) W. Claybrook Jr..

"CO'S Opinion Due No Deference On Statutory Application," Government Contracts Bullet Points (July 30, 2004). Contact: Frederick (Rick) W. Claybrook Jr..

"B&P Costs Don't Include Sub Costs Or Profit," Government Contracts Bullet Points (July 30, 2004). Contact: Frederick (Rick) W. Claybrook Jr..

"Declaratory Relief Available For NAFI Contractor At Board," Government Contracts Bullet Points (May 26, 2004). Contact: Frederick (Rick) W. Claybrook Jr..

"Contracting Officer's Final Decision Not Afforded RES Judicata Status," Government Contracts Bullet Points (May 10, 2004). Contacts: Frederick (Rick) W. Claybrook Jr., Amy Laderberg O'Sullivan.

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Practices

Education

Admissions

Publications

Alerts & Newsletters

terms of use/privacy policy© Crowell & Moring LLP 2012

contact ussearchsite mapsubscriberss

aboutpracticesprofessionalsofficesnews & eventscareersdiversity

contact us search site map subscribe rss

about practices professionals offices news & events careers diversity