J. Catherine Kunz is a partner in the Washington office of Crowell & Moring. Ms. Kunz is a member of the firm's Government Contracts group. Her practice involves both counseling and litigating on behalf of clients in a range of government contract law areas, including GSA Schedule contracting, contract claims and disputes, fraud and abuse, cost accounting issues, purchasing and subcontracting, and federal health care contracting. Ms. Kunz also represents clients in qui tam actions under the False Claims Act and in bid protest, and counsels clients on government audits, procurement ethics, compliance programs, contract administration, and specialized government acquisition programs, including Federal Employees Health Benefits Program contracts and National Park concession contracts. Ms Kunz also has experience counseling clients on federal grants administration and audit matters.

Ms. Kunz has litigated before the Armed Services Board of Contract Appeals, General Services Board of Contract Appeals (now part of the Civilian Board of Contract Appeals), Government Accountability Office, and Federal District and Appellate Courts. Ms. Kunz is a member of the Public Contract Law Section of the American Bar Association.

Ms. Kunz received her B.A. with honors and distinction in Human Biology from Stanford University in 1993. She graduated from Duke University School of Law in 1999, where she served as Editor in Chief of the Alaska Law Review and Editor of the Duke Environmental Law Journal. Ms. Kunz also earned a Masters of Environmental Management from the Nicholas School of Environment at Duke University in 1999.

Representative Matters

• Health Net Federal Services, LLC, B-401652.3, B-401652.5, 2009 CPD ¶ 220 (2009). Successfully represented the protester in a $16.7 billion procurement for managed health care services for military retirees and families.
• Successfully resolved a contractor's Contract Disputes Act claim for increased costs due to the Iraq War through alternative dispute resolution before the Armed Services Board of Contract Appeals.
• In re Boeing Co., ASBCA 54853, 06-1 BCA ¶ 33270 (2006). Successfully defeated the government's motion to dismiss a sponsored claim for Public Law 85-804 indemnification related to performance of Cold War-era defense contracts.
• Successfully resolved a contract termination dispute between a prime contractor and subcontractor through mediation.
• Viacom, Inc., GSBCA No. 15871, 05-2 BCA ¶ 33,080 (2005). Successfully represented a GSA Schedule contractor before the General Services Board of Contract Appeals in defending against allegations of defective pricing associated with the contractor's proposal submission.
• United States ex rel. Werner v. Fuentez Systems Concepts et al., 319 F. Supp. 2d 682 (N.D. W.V. 2004). Successfully represented a government subcontractor alleged to have violated the False Claims Act by submitting false claims to the government. The case was dismissed on summary judgment.
• Southwestern Bell Telephone Co., B-292476, 2003 CPD ¶ 177 (2003). Successfully represented the protester in a procurement for communication services, resulting in a formative decision related to the government's affirmative determination of contractor responsibility.

Education
Stanford University, B.A., 1993 - Honors and Distinction
Duke University School of Law, J.D., 1999

Affiliations
Admitted to practice: District of Columbia, Ohio

Publications
"The Risks And Extra Costs of Federal Government Contracting," (January 2010). Co-Authors: J. Catherine Kunz and Richard J. Bednar.

"Doing Business with the Government in 2009: New Opportunities for Energy Efficiency and Renewable Energy Contracting," Bloomberg's Sustainable Energy Law Report, (May 2009). Contributed by: J. Catherine Kunz and Stephen J. McBrady.

"The Greening of Government Procurement," Briefing Papers, Thomson West (August 2008). Author: J. Catherine Kunz.

"The Risks and Extra Costs of Federal Government Contracting," (September 2006). Co-Authors: Richard J. Bednar and J. Catherine Kunz.

"Pre-Disaster Contracting: The Use of Indefinite Delivery/Indefinite Quantity Contracts," Andrews Government Contract Litigation Reporter, Vol. 19, No. 22 (February 27, 2006). Author: J. Catherine Kunz.

"Employee Releases: A Tool Federal Contractors Can Use to Protect Themselves Against False Claims Act Liability," BNA's Federal Contracts Report, Vol. 85, No. 7 (February 21, 2006). Co-Authors: J. Catherine Kunz and Jody Goodman.

"Medicare Modernization Creates Options for Employers on Retiree Drug Coverage: Five Alternatives Permit Employers to Pick the Option," AHIP Coverage (September/October 2005). Co-Authors: Kenneth M. Bruntel and J. Catherine Kunz.

"Medicare Prescription Drug Improvement and Modernization Act of 2003: Opportunities for Employer-Sponsored Retiree Drug Coverage, Parts I & II," BCBS Legal Affairs Bulletin, Issue Nos. 951 and 952 (April, May 2005). Co-Authors: Kenneth M. Bruntel and J. Catherine Kunz.

"OFCCP Loses Bid to Extend 'Subcontractor' Status to Hospital," (2003). Co-Authors: J. Catherine Kunz and Kris Meade.

Speeches & Presentations
"Contract Cost and Pricing," Caught in the Federal Procurement Fish Bowl, 26th Annual Ounce of Prevention Seminar (OOPS), Crowell & Moring, Washington, D.C. (May 26-27, 2010). Presenters: Terry L. Albertson, J. Catherine Kunz and Linda S. Bruggeman.

"Playing by the Numbers: Cost Accounting Headaches and Lessons on Living with Expense Ratios," Crowell & Moring's Healthcare Ounce Of Prevention Seminar (HOOPS) (April 26-27, 2010). Presenters: J. Catherine Kunz and Linda S. Bruggeman.

"Legal Considerations When Building Green," The National Academies, Federal Facilities Council Standing Committee on Sustainable Acquisition, Design, and Construction (March 2010). Co-Presenters: Stephen McBrady, J. Catherine Kunz, Chris Cheatham.

"Audit Results and Mitigation," Crowell & Moring and PWC's Surviving a GSA Audit, Palo Alto, CA (October 15, 2009). Speaker: J. Catherine Kunz.

"Revealing and Managing Strings Attached to New Government Contracts," Crowell & Moring Seminar: Navigating the New Government Contracting Regime in Today's Economy, Vienna, VA (June 11, 2009). Panelists: Bryan Brewer, J. Catherine Kunz, and Thomas P. O'Donnell.

"Overview of Key Compliance Issues and Types of GSA and VA Audits" and "Audit Preparation and Managing Company Expectations," Crowell & Moring's and PWC's Surviving a GSA or VA Audit, Morristown, NJ (May 5, 2009). Speaker: J. Catherine Kunz.

"Overview of Key Compliance Issues and Types of GSA Audits" and "Audit Results and Mitigation," Crowell & Moring and PWC's Surviving a GSA Audit, McLean, VA (October 30, 2008). Co-Speakers: Marc Efron and J. Catherine Kunz.

"The Greening of Government Procurement," Washington Technology 2008 Top 100 Executive Briefings Event: Focus on Government IT Energy Efficiency (September 4, 2008). Speaker: J. Catherine Kunz.

"Contract Claims – Issues and Developments," Crowell & Moring’s 2007 Ounce of Prevention Seminar (April 2007). Co-Speakers: Raymond F. Monroe, J. Chris Haile, and J. Catherine Kunz.

"Can An Employee Release Minimize False Claims Act Liability?," ABA 20th Annual National Institute on White Collar Crime 2006 (March 2-3, 2006). Co-Authors: Brian C. Elmer, Jody Goodman and J. Catherine Kunz.