Portrait of
Named to BTI Consulting Group's 2015 list of
"Client Service All-Stars"
Daniel R. Forman, Partner Washington, D.C.
Phone: +1 202.624.2504
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Daniel R. Forman is a partner in Crowell & Moring's Washington, D.C. office and is co-chair of the firm's Government Contracts Group.


Dan's practice focuses on a wide variety of government procurement law, including bid protests, False Claims Act and qui tam litigation, investigations of potential civil and criminal matters, ethics and compliance, contract claims and disputes, GSA schedule contracting, and small disadvantaged business contracting. Dan is also experienced in negotiating and drafting teaming agreements and subcontracts, as well as providing counseling on the interpretation of FAR clauses and solicitations. Dan's practice also focuses on state and local procurement matters, including State False Claims Act issues, lobbying and contingency payment compliance. He has been involved in bid protest litigation in six states and the District of Columbia. Dan has been named one of the top lawyers in the government contracts field by Chambers USA.

Representative Engagements

Published GAO Bid Protest Decisions

Representing Protester

  • Nexant, Inc., B-407708 et al (Jan. 30, 2013). GAO sustained protest of the award of a clean energy consulting contract by USAID.
  • FN Manufacturing LLC, B-407936 (Apr. 19, 2013). Successfully defended award to Colt Defense in Army procurement for replacement barrels for the M4 small arms weapon.
  • Harris IT Servs. Corp., B-408546.2, Oct. 31, 2013, 2013 CPD ¶ 245. Defeated protest of the Department of the Navy's $3.5 billion award for Next Generation Enterprise Network IT services. 
  • IntegriGuard, LLC d/b/a HMS Federal, B-407691.3, B-407691.4, Sept. 30, 2013, 2013 CPD ¶ 241. Successfully defended 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. 
  • Wisconsin Physicians Service Insurance Corp., B-401068.14 et al., Jan. 16, 2013, 2013 CPD ¶ 34. Successfully defended protest of $330 million Centers for Medicare and Medicaid Services award for Medicare administrative contractor services. 
  • The Emergence Group, B-404844.7, 2012 CPD ¶ (Feb. 29, 2012). GAO sustains protest brought by C&M challenging award of five contracts by the Department of State for criminal justice program support, finding that the agency's past performance evaluation was unreasonable and deviated from the solicitation's evaluation scheme.
  • TriCenturion, Inc.; SafeGuard Svs., LLC, B-406032 et al., 2012 CPD ¶ 52 (Jan. 25, 2012). In a procurement for fraud detection services conducted by the Centers for Medicare and Medicaid Services ("CMS"), GAO sustains protest filed by C&M, 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. 
  • The Emergence Group, B-404844.5 et al. (Sept. 26, 2011). GAO sustains protest brought by C&M, finding that the Department of State failed to reasonably evaluate technical and past performance proposals in procurement for criminal justice program support.
  •  SafeGuard Svs., LLC, B-404910, 2011 CPD ¶ 132 (June 28, 2011). GAO sustains protest by C&M challenging the Centers for Medicare and Medicaid Services' ("CMS") decision to disqualify client because one of its subcontractors was late in submitting its final proposal on the grounds that CMS did not first determine whether the client’s proposal was acceptable without the subcontractor's submission.  
  • Rapiscan Systems, Inc., B-401773 et al., 2010 CPD ¶ 60 (Mar. 15, 2010). Successfully protested task order award under the FSS for vehicle and cargo inspection systems where awardee included price for non-FSS items in the price of FSS items.
  • McKissack+Delcan JVII, B-401973 et al., 2010 CPD ¶ 28 (Jan. 13, 2010). Successfully protested agency's rejection of JV's proposal for program management oversight services where the agency lacked any reasonable basis for its determination that the JV's accounting system was unacceptable.
  • Public Communications Services, Inc. – Costs, B-400058.4, 2009 CPD ¶  131 (June 25, 2009). GAO recommends 100% reimbursement of claimed legal fees.
  • Nortel Government Solutions, Inc., B-299522 et al., 2009 CPD ¶ 10 (Dec. 30, 2008). GAO sustains protest, finding that where awardee will be required to review and provide input on designs proposed by itself under separate contract with same agency, agency unreasonable failed to determine the extent of the awardee's OCI and unreasonably concluded that the awardee's mitigation plan was acceptable.
  • Public Communications Services, Inc., B-400058 et al., 2009 CPD ¶154 (July 18, 2008). GAO rejects agency argument that it has no jurisdiction to hear protest of no-cost contract and sustains protest where the agency's price and technical evaluations were unreasonable, deviated from the RFP, and reflected unequal treatment.
  • Southwestern Bell Telephone Co., B-292476, 2003 CPD ¶177 (Oct. 1, 2003). Successfully protested agency's affirmative determination of responsibility where record shows that the Contracting Officer failed to adequately consider information about the awardee's record of integrity and business ethics.
  • Eurest Support Services , B-285813 et al., 2003 CPD ¶ 139 (July 3, 2001). Successfully protested award of fixed-price incentive contract where agency failed to properly assess realism of awardee's low proposed target price.
  • Lockheed Martin Systems Integration – Owego, B-287190 et al., 2001 CPD ¶ 110 (May 25, 2001). Successfully protested sole-source award where record shows that agency did not provide protester with an accurate statement of its needs, and, therefore, failed to give protester an opportunity to demonstrate ability to meet agency's requirements.
  • BAE Systems, B-287189 et al., 2001 CPD ¶ 86 (May 14, 2001). Successfully protested cost comparison conducted under OMB Circular A-76 where the agency did not reasonably determine that the in-house plan satisfied the performance work statement.

Representing Intervener/Awardee

  • XTec, Inc., B-405505, 2011 CPD ¶  249 (Nov. 8, 2011). GAO denies protest challenging non-competitive issuance of task order under the Federal Supply Schedule ("FSS") to client by GSA for a shared service solution for an end-to-end system to issue and maintain common identification cards for government and contractor personnel, finding that the award was a logical follow-on to a prior FSS task order that had been subject to competition.
  • TtEC-TESORO, JV, B-405313 et al., 2012 CPD ¶ 2 (Oct. 7, 2011). GAO denies protest challenging award by the U.S. Coast Guard to C&M client for design/build construction project, finding that the record evidenced an evaluation and award decision that were reasonable and in accordance with the solicitation.
  • Smiths Detection, Inc.; American Science and Engineering, Inc., B-402168 et al., 2011 CPD  ¶ 39 (Feb. 9, 2011). GAO denies protest challenging award to C&M client by Department of Homeland Security for high energy mobile X-Ray systems, finding that protest allegations reflected mere disagreement and that the agency reasonably determined that the client’s proposal was technically superior and conducted a reasonable price realism evaluation.  
  • XTec, Inc.; Computer Literacy World, Inc., B-299744 et al., 2007 CPD ¶ 148, 2007 CPD ¶ 154 (Aug. 6, 2007). Successfully defended protests of award for HSPD-12 contract under the Federal Supply Schedule, rejecting protesters' arguments that all required products had to be on the APL at the time of proposal submission.
  • Indtai Inc., B-298432.3, 2007 CPD ¶ 13 (Jan. 17, 2007). Successfully defended protest challenging agency's consideration of past performance of proposed subcontractors and agency's price analysis.
  • Standard Communications, Inc., B-296972, 2005 CPD ¶ 200 (Nov. 1, 2005). Successfully defended against protest challenging agency's past performance evaluation, price evaluation, and best value decision.
  • Marine Hydraulics International, Inc., B-291594.3, 2003 CPD ¶  220 (Oct. 3, 2003). Successfully defended protest challenging agency's decision to increase protester's proposed staffing levels for cost evaluation purposes, and agency's conduct of meaningful discussions.
  • Rome Research Corp., B-291162, 2002 CPD ¶ 209 (Nov. 20, 2002). GAO denies protest where agency's evaluation was reasonable and consistent with RFP evaluation scheme.
  • Avalon Integrated Services Corp., B-290185, 2002 U.S. Comp. Gen. LEXIS 104 (July 1, 2002). GAO denies protest, finding that task order does not exceed scope of awardee's FSS contract and agency was not required to conduct discussions.
  • Hubbell Electric Heater Co., B-289098, 2002 CPD ¶ 15 (Dec. 27, 2001). Successfully defended against protest challenging agency's decision to select higher-priced offeror where protester failed to adequately address compliance with quality assurance standards.

Court of Federal Claims Protest Decisions

State and Local Bid Protests

  • Protested award by California for Medicaid claims processing system.
  • Defended award by Florida to telecommunications carrier for dedicated network for state government agencies.
  • Protested award by Orange County, Florida for telecommunications services.
  • Protested award by Colorado for welfare enrollment services.
  • Protested award by North Carolina for IT equipment and services.
  • Defended against protest challenging contract award by D.C. to construct and manage convention center hotel.

Government Contracts Investigations

  • Represented major aerospace manufacturer in connection with espionage investigation.
  • Represented major aerospace manufacturer in investigation regarding potential export violations.
  • Represented major telecommunications carriers in connection with investigations into tax charges to federal government customers.
  • Represented major building automation corporation in connection with investigation into compliance with GSA schedule price reduction requirements.


Admitted to Practice: District of Columbia, New York

American Bar Association: Public Contract Law Section

D.C. Bar: Government Contracts and Litigation Section


In 2010, Dan was recognized by the Washington Business Journal as one of the D.C.'s top lawyers under the category of "Young Guns."

Speeches & Presentations


Client Alerts & Newsletters

In the News

  • Expert Tells Federal Contractors to Play It Safe, Invest in Compliance
    May 12, 2015 — Bloomberg BNA

    Crowell & Moring's Ounce of Prevention Seminar, hosted by the firm's Government Contracts Group, is featured in a BNA article discussing compliance measures for federal contractors. George Washington University law professor Steven Schooner, who spoke at the conference, discussed key compliance cases to highlight the importance of risk avoidance for contractors.

  • Revolving Door a Major Trend in Bid Protest Cases, Panelists Say
    May 12, 2015 — Bloomberg BNA

    Crowell & Moring Government Contracts attorneys who spoke at the firm's annual Ounce of Prevention Seminar on May 5 are quoted in a BNA article discussing bid protest cases. Washington, D.C.-based partners Tom Humphrey and Dan Forman and Washington, D.C.-based associate Rob Sneckenberg spoke at the conference, and discussed trends in bid protest cases, noting that interacting with current or former government employees presents a risk when filing bid protests. They also noted that other top risks include hiring an incumbent’s team at a lower pay rate and dealing with corporate restructurings.

  • Gov't Contracts Group Of The Year: Crowell & Moring
    January 9, 2015 — Law360

    The firm's Government Contracts Group is featured for earning Law360's "Government Contracts Group of the Year Award," highlighting the Group as a widely heralded industry go-to and noting the firm's recent wins for Lockheed Martin Corp. and BAE Systems. Washington, D.C.-based Government Contract Group co-chairs, Angela B. Styles and Daniel R. Forman, discuss with Law360 the background of the Group and the deep bench of experienced attorneys from associates to partners which sets the Group apart from others. "We have folks on our legal team who are former military personnel, former engineers and software developers, and in addition to being at the top of their game on the legal side, they can speak multiple languages and talk to both general counsel and engineers, and that's an important facet of our practice," Forman states. Styles reiterates, "We're continually able to serve clients with the right lawyer, right experience, [and] right skill set."

  • 5 Issues Gov't Contractors Need To Know About In 2015
    January 7, 2015 — Law360

    Law360 highlights the firm's Government Contracts Group and the recent webinar the Group conducted titled, "What Will the New Year Bring for Government Contractors?" This article details the five issues federal contractors should pay attention to in 2015, as forecasted by Crowell & Moring attorneys in their preview of the year ahead.

  • Record Night for Children's Law Center
    September 24, 2014 — Legal Bisnow

    Crowell & Moring is featured in Legal Bisnow for being honored with the 2014 Children's Pro Bono Champion award at the Children's Law Center annual "Helping Children Soar" benefit. The event took place at the Kennedy Center rooftop terrace where Washington-D.C.-based partners, Susan M. Hoffman and Daniel R. Forman accepted the award on behalf of the firm.

  • GAO Sustains $10B Criminal Justice Contract Protest
    April 12, 2012 — Government Contracts Law360, Quoted

  • GAO Protests Reach New High In 2011 Despite Slower Growth
    March 14, 2012 — Government Contracts Law360

    Washington, D.C.-based Government Contracts Group partner Daniel R. Forman speaks to Government Contracts Law360 about the rising number of protests filed in the U.S. Government Accountability Office (GAO), which reached a new high in 2011 but are beginning to level off from the increase between 2008 and 2010.

    According to Forman, "The leveling off of the GAO's numbers was more than offset by rapid increases in the number of bid protests heard in the U.S. Court of Federal Claims (COFC). There were 98 protests filed in the COFC in 2011, up from 68 in 2005, and the court published 73 decisions in 2011."

  • Daniel Forman Appointed to Serve on the Law360 Government Contracts Editorial Advisory Board
    March 5, 2012 — Government Contracts Law360

    Government Contracts Group partner Daniel R. Forman has been appointed to serve on the editorial advisory board of Law 360 Government Contracts. As a member of the board, Forman will provide guidance on Law360's coverage and how best to shape future reporting of industry trends at the news outlet. Forman’s practice focuses on a wide variety of government procurement law, including bid protests, False Claims Act and qui tam litigation, investigations of potential civil and criminal matters, ethics and compliance, contract claims and disputes, GSA schedule contracting, and small disadvantaged business contracting.

  • Government Contracts Group of the Year: Crowell
    January 25, 2012 — Government Contracts Law360

    Government Contracts Group attorneys, including Washington, D.C.-based chair Angela B. Styles, and partners Daniel R. Forman and Amy Laderberg O'Sullivan, speak to Law360 about the Group's numerous victories in 2011, as well as the very important, yet confidential, work the firm does for its clients behind the scenes.

    According to Styles, "Fifty percent of what we do is work where there's never going to be a public decision or anything that enters the public record. There's a lot of work that we do for companies, in terms of suspension and debarment, that never hits the newspapers."

    Regarding the strength of the Group, Forman notes, "We truly have experts in every substantive government contracts area, and I don't think any other
practice in the country can genuinely say that."

  • Government Contracts Group of the Year: Crowell
    January 31, 2011 — Government Contracts Law 360

    Government Contracts Law360 has named Crowell & Moring LLP as having one of their 2010 government contracts "Groups of the Year." Angela B. Styles, chair of the firm's Government Contracts Group, along with partners' Thomas P. Humphrey, and Daniel R. Forman are featured in the article, which looks at the group's 2010 case portolio and notable accomplishments. 

  • Two Theories on the Up or Down of Bid Protests
    January 12, 2011 — Acquisitive Mind Blog, Federal Computer Week

    Government Contracts Group partner Daniel R. Forman projects that the number of bid protest filings will increase in 2011. According to an article in Federal Computer Week, Forman offered two theories to support his claims; first, "as agencies make their cuts, they will spend less money and, as a result, award fewer contracts. With fewer contracts, there are fewer opportunities to file a bid protest. Ultimately, the number of bid protests will fall, if only slightly;" and second, "the budget cuts will increase the number of bid protests because each contract award will be more valuable to contractors, who are feeling the squeeze of their customers' tight budgets. A larger number of the companies that lose a competition will find protests worth the time and money. There's a chance an award would be overturned, which would give them another shot at winning the contract." Forman shared his thoughts during a webinar held by Crowell & Moring LLP on January 12, 2011 titled, "What Will the New Year Bring? Top Headlines, Headaches, and Legal Developments for Government Contractors to Watch in 2011."

  • Government Contracts Attorney Dan Forman Quoted in Federal Computer Week
    April 18, 2005 —

    Counsel Dan Forman was quoted in a April 18, 2005 Federal Computer Week article, "Alaska Native Companies on Thin Ice," regarding advantages they receive under a special 8(a) federal contracting program. The article addressed whether Alaska native-owned companies should be able to get noncompetitive contracts that have no value cap.

    April 18, 2005 – Federal Computer Week

Firm News & Announcements

May.19.2015 Chambers USA Ranks 53 Crowell & Moring Attorneys and 20 Leading Practice Areas Among Best in U.S.
Feb.11.2015 Four Crowell & Moring Partners Recognized Among "2015 Client Service All-Stars" By BTI Consulting Group
Jan.09.2015 Crowell & Moring's Government Contracts Group Named to Law360's "Practice Groups of the Year" for Fifth Consecutive Year
Sep.04.2014 Crowell & Moring Launches Israel Practice
May.23.2014 Chambers USA Ranks 51 Crowell & Moring Attorneys and 19 Leading Practice Areas Among Best in U.S.
Jan.31.2014 Crowell & Moring Among Law360's "Practice Groups of the Year" for Competition, Consumer Protection, and Government Contracts
May.24.2013 Chambers USA Ranks 45 Crowell & Moring Attorneys and 19 Leading Practice Areas Among Best in U.S.
Jun.07.2012 Chambers USA Ranks 45 Crowell & Moring Attorneys and 18 Leading Practice Areas Among Best in U.S.
Feb.16.2012 Crowell & Moring Among Law360's Elite "Practice Group of the Year" Listing for Government Contracts and White Collar
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