Jonathan M. Baker is a counsel in Crowell & Moring's Washington, D.C. office. He practices in the Government Contracts Group.
Jon advises clients on a wide array of government contracts legal issues, including both federal and state bid protests, regulatory compliance, Public Law 85-804 indemnification, and contract terminations. Jon also counsels clients in the areas of patent and data rights. In addition, Jon has advised clients on internal and government investigations regarding potential False Claims Act issues and export violations.
Jon is also actively involved in the firm's pro bono program, having litigated prisoner neglect and parental rights termination matters.
Published GAO Bid Protest Decisions
- Won protest of $8 billion Defense Logistics Agency contract for the supply and distribution of subsistence products to locations within Afghanistan. Supreme Foodservice GmbH, B-405400.3, et al., Oct. 11, 2012, 2012 CPD ¶ 292.
- Successfully overturned military agency's decision to proceed with contract performance in the face of a GAO protest. Supreme Foodservice GmbH v. United States, 109 Fed. Cl. 369 (2013).
- GAO sustained protest filed by Crowell & Moring, finding that CMS failed to (1) conduct a reasonable evaluation of the awardee's proposed labor costs; (2) respond to the protester's challenges to the technical evaluation; and (3) produce documentation or otherwise explain how it evaluated the relevance of each offeror's past performance. TriCenturion, Inc.; SafeGuard Sys., LLC, B-406032, et al., Jan. 25, 2012.
- Successfully protested Department of State task order award under the Federal Supply Schedule for vehicle and cargo inspection systems where awardee included price for non-schedule items in the price of schedule items. Rapiscan Systems, Inc., B-401773, et al., Mar. 15, 2010.
- Successfully protested Drug Enforcement Administration award for information technology operations and maintenance services where agency unreasonably failed to determine the extent of the awardee's organizational conflict of interest and unreasonably concluded that the awardee's mitigation plan was sufficient. Nortel Gov't Solutions, Inc., B-299522, et al., Dec. 30, 2008.
Representing Contract Awardee/Intervener
- Defeated protest of the Department of the Navy's $3.5 billion award for Next Generation Enterprise Network IT services. Harris IT Servs. Corp., B-408546.2, Oct. 31, 2013, 2013 CPD ¶ 245.
- Beat protest of $320 million contract award made by the Centers for Medicare and Medicaid Services for the establishment of a centralized coordination of benefits and Medicare secondary payer recovery operation. IntegriGuard, LLC d/b/a HMS Federal, B-407691.3, B-407691.4, Sept. 30, 2013, 2013 CPD ¶ 241.
- Successfully defended protest of $330 million Centers for Medicare and Medicaid Services award for Medicare administrative contractor services. Wisconsin Physicians Service Insurance Corp., B-401068.14 et al., Jan. 16, 2013, 2013 CPD ¶ 34.
- Successfully defended the Department of the Army's $450 million award for the technology development phase of the Ground Combat Vehicle/Infantry Fighting Vehicle program. Science Applications Int'l Corp., B-405612, et al., Dec. 5, 2011, 2011 CPD ¶ 8.
- Successfully defended U.S. Coast Guard award to a C&M client for a $40 million design/build construction project. TtEC-TESORO, JV, B-405313 et al., 2012 CPD ¶ 2 (Oct. 7, 2011).
- Successfully defended a Department of Homeland Security, Customs & Border Protection award of an approximately $25 million contract for mobile X-ray systems. Smiths Detection, Inc.; Am. Sci. & Eng'g, Inc., B-402168.4, et al., Feb. 9, 2011.
- Successfully defended an approximately $80 million Department of the Army award for the production of M67 fragmentation hand grenades where two protesters challenged the agency's technical evaluations and conduct of discussions. Martin Elecs., Inc.; AMTEC Corp., B-404197, et al., Jan. 19, 2011.
- Successfully defended over $240 million Department of Health & Human Services award for health insurance benefit administrative services against numerous challenges to the agency's technical, past performance, and cost evaluations and conduct of discussions. Highmark Medicare Servs., Inc.; Cahaba Gov't Benefit Adm'rs., LLC, Nat'l Gov't Servs., Inc., B-401062.5, et al., Oct. 29, 2010.
Claims & Investigations
- Represented major defense contractor in connection with contractor's claim for indemnification for environmental remediation costs and toxic tort litigation expenses.
- Represented major defense contractor in investigation regarding potential export violations.
- Represents contractor in connection with government investigation with potential False Claims Act implications.