Portrait of David Z. Bodenheimer
David is nationally ranked by
Chambers USA and
recognized by
Thomson Reuters as a
D.C. Super Lawyer
in Government Contracts

Government Experience

  • U.S. Department of Defense—Assistant Counsel, Office of the General Counsel, U.S. Navy (1982-1988)

Education

  • University of North Carolina, B.A. (1978)
  • University of North Carolina, M.B.A. (1982)
  • University of North Carolina Law School, J.D. (1982)

Admissions

  • District of Columbia
David Z. Bodenheimer, Partner Washington, D.C.
dbodenheimer@crowell.com
Phone: +1 202.624.2713
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

David Z. Bodenheimer is a Government Contracts Group partner and litigator in Crowell & Moring's Washington, D.C. office. Mr. Bodenheimer brings 33 years of hands-on experience in doing business with the federal government. Nationally ranked by Chambers USA in Government Contracts and described as "an impressive government contracts practitioner" and "a fabulous writer," he has found solutions for clients for everything from bet-the-company cases to the day-to-day complexities of government contracting.

Defective Pricing & Cost Disputes. Mr. Bodenheimer handles a busy ASBCA docket of defective pricing appeals and claims, DCAA audit allegations, and other disputes involving cost and pricing issues. He has been recognized in Chambers USA by one reference as "the top expert on defective pricing."

  • Litigation. Prevailed in the largest defective pricing claim litigated under the Truth in Negotiations Act (TINA). See Wynne v. United Technologies Corp., 463 F.3d 1261 (Fed. Cir. 2006), affirming 05-1 BCA ¶ 32,860 (denying $299 million defective pricing claim after 33-day trial and Federal Circuit appeal).
  • Dispute Resolution. Obtained no-cost withdrawal of final decision during litigation (ASBCA No. 58976), resolved defective pricing claims with mini-trial and other ADR techniques (ASBCA Nos. 56655 & 56656), prepared detailed rebuttals to TINA claims and audit allegations, and served as lead Navy counsel in using structured negotiation process to resolve $126 million defective pricing allegation.
  • Publications. Authored what the Nash & Cibinic Report called "the definitive text on TINA" – the Defective Pricing Handbook (Thomson Reuters), as well as leading Briefing Papers and articles on defective pricing and the False Claims Act.
  • Training & Lectures. Taught Federal Publications Inc.'s leading course on defective pricing and the False Claims Act for over a decade, as well as many private TINA courses for major defense and aerospace contractors.

Protest Litigation. Since his first protest in 1982, Mr. Bodenheimer has litigated and defended more than 60 protests in every forum (GAO, COFC, ODRA, GSBCA, and federal district courts), with some of the best being successfully resolved without a decision – e.g., agency corrective action reopening the competitive range in a $6 billion procurement and resulting in award to a Fortune 25 company. In addition to four recent GAO wins in 2015, his reported decisions run the full gamut of protest issues.

  • Organizational Conflicts of Interest. AT&T Government Solutions, 2008 CPD ¶ 170 (precedent-setting case on contractor due process rights to prove OCI mitigation).
  • Technical Evaluation. BAE Systems, 2013 CPD ¶ 278 (misevaluation of technical risk on NextGen airborne jammers); LIS, Inc., 2010 CPD ¶ 5 (misevaluation of small business firm's technical excellence vs. technical acceptability).
  • Past Performance. Supreme Foodservice GmbH, 2012 CPD ¶ 292 (past performance win in $8 billion competition); TriWest Healthcare Alliance, 2012 CPD ¶ 191 (protest defense in $20 billion award); DRS C3 Systems, LLC, 2008 CPD ¶ 103 (broad spectrum of past performance protests upheld).
  • Cost/Price Realism. HealthNet Federal Services, 2009 CPD ¶ 220 (price realism win on $16 billion procurement); CACI Technologies, 2014 CPD ¶ 44 (cost realism defense); IBM Corp., 2008 CPD ¶ 64 (cost/price evaluation errors proven).
  • Integrity & Responsibility. Acrow Corp. of America v. United States, 97 Fed. Cl. 161, aff'd on recon. 97 Fed. Cl. 182 (2011), dismissed on appeal (Fed. Cir. 2011) (defense of UK company against integrity and responsibility protest based on UK corruption charges); DME Corp., 2010 CPD ¶ 44 (dismissal of Procurement Integrity protest involving former employee).
  • Stay of Performance. Supreme Foodservice GmbH v. United States, 109 Fed. Cl. 369 (2013) (improper stay override in $8 billion protest dispute); Air Transport Ass'n, Inc., et al., ODRA-08-466 (Aug. 28, 2008) (rare stay of award by ODRA in FAA procurement).

False Claims Act & Contract Disputes. From his first hearing in 1982, Mr. Bodenheimer has spent more than 100 days in the courtroom litigating False Claims Act (FCA) suits, default terminations, prime/sub disputes, and other actions involving complex military and aerospace systems, information technology, damages calculations and methodologies, and other government contracts disputes.

  • Fraud Actions. Litigates FCA suits, including on-going litigation on a $657 million FCA claim after a 2-month trial and two appeals. 782 F.3d 718 (6th Cir. 2015) (rejecting trial court's damages award). See also United States ex rel. Ackley v. IBM, 76 F. Supp. 2d 654 (D. Md. 1999) (briefed and argued jurisdictional dismissal of qui tam relator's fraud claims); Peoples v. Eagle-Picher Indus., Inc., No. 96-5009-CV-SW-GAF (W.D. Mo. 2003) (briefed disqualification of qui tam relator's counsel, ultimately leading to dismissal of action).
  • Investigations. Defends fraud investigations, subpoenas, and audits (DCIS, AFOSI, Army CID, and various Inspector General offices) relating to defective pricing, ethics rules, battlefield contracting, labor charging, commercial items, and government property.
  • Prime/Subcontractor Disputes. Advises both prime and subcontractors on contract and technology issues (e.g., software/data rights, procurement integrity breaches, teaming agreements, and commercial items) and litigates prime/sub disputes in both federal court and arbitrations. See, e.g., O'Gara Satellite Sys., Inc., vs. Telenor Satellite Serv., Inc., No. AW 04 CV 3841 (S.D. Md. 2005) (achieved no-cost resolution of lost-profits claim for satellite services after judicial mediation); McDonnell Douglas Corp. vs. SCI Corp., No. 91CV2077 (E.D. Mo. 1996-97) (conducted 2 weeks of courtroom cross-examination relating to A-12 prime/sub contract, leading to successful resolution and withdrawal of default termination).

Cybersecurity, Privacy, and Homeland Security. Recognized by Chambers USA as "a leading lawyer within the cybersecurity space" (2014) with "a strong practice in the cyber security area" (2015), Mr. Bodenheimer brings over a decade of experience in advising government contractors, information technology (IT) businesses, and Fortune 500 companies on cybersecurity, privacy, and information law in the public sector.

  • Federal Security Requirements. Prepared comprehensive analyses of federal information security and privacy standards (e.g., FISMA, FIPS, NIST, and Privacy Act), advised contractors on scope and compliance, and developed advocacy papers on risk assessments, security controls, cost-effectiveness standards, and management roles applicable to federal contractors.
  • DoD Security Requirements. Advised multiple Fortune 500 companies on DFARS Safeguarding Rule (minimum security requirements, incident reporting, flowdowns, & waiver process), NDAA § 941, NISPOM, TRICARE security rules, and prior versions of DoD information assurance requirements, such as DIACAP.
  • Cloud Computing & FedRAMP. Developed comprehensive analyses and advised major technology companies on federal cloud computing, FedRAMP information security, and DoD-unique cloud security requirements and their intersection with federal acquisition rules.
  • Mobile Devices & BYOD. Reviewed international, federal, and industry standards relating to mobile devices—including Bring Your Own Devices (BYOD)—and advised clients on applicable requirements and compliance.
  • Cybersecurity Disputes. Defended against default termination notice for security breach, litigated cybersecurity issues in various protest actions, and developed defense strategy against complaint alleging security vulnerabilities in IT devices sold by Fortune 100 companies.
  • Personnel Security & Offshoring. Reviewed federal agency regulations and standards and advised multiple government contractors and commercial companies on personnel security and screening controls, U.S.-only personnel security requirements, and restrictions on offshoring of federal data.
  • Security Breaches & Audits. Advised government contractors on security breaches, advanced persistent threats (APTs), agency actions to terminate network access and interconnections, and disputes over scope and legality of federal security audits, monitoring, and corrective action demands.
  • Congressional Testimony. Testified before House Congressional Committees regarding DoD cybersecurity, homeland security technology and the SAFETY Act, and TSA acquisition rules and exemptions.

Honors, Awards, and Recognition. Mr. Bodenheimer has been recognized for his pro bono commitments, public service, and professional work.

  • Veterans Consortium Pro Bono Service Honors, medals, and letters of appreciation for representing veterans before the Court of Appeals for Veterans Claims.
  • American Bar Association (ABA) Science & Technology Law (SciTech) Section Award for Increasing Diversity (2010).
  • ABA Leadership: Secretary, SciTech Section; SciTech Division Co-Chair (Security, Privacy, & Information Law); SciTech Committee Co-Chair (Homeland Security); Public Contract Law Section (PCL) Committee Co-Chair (Cybersecurity, Privacy and Data Protection); ABA President's Cybersecurity Legal Task Force Representative.
  • Chambers USA National Ranking in Government Contracts.
  • Thomson Reuters DC Super Lawyer in Government Contracts.


Affiliations

Admitted to practice: District of Columbia; North Carolina (inactive); U.S. Court of Appeals for Federal Circuit; U.S. Court of Federal Claims; U.S. Court of Appeals for Sixth Circuit; U.S. District Courts (D.C. and MD); U.S. Court of Appeals for Veterans Claims.

Memberships

  • American Bar Association (ABA)
    • Secretary, Science & Technology Law (SciTech) Section
    • Division Co-Chair, Security, Privacy, & Information Law (SciTech Section)
    • Committee Co-Chair, Homeland Security (SciTech Section)
    • Committee Co-Chair, Cybersecurity, Privacy, & Data Protection (Public Contract Law (PCL) Section)
    • Appointed member, ABA President’s Cybersecurity Legal Task Force
  • Chamber of Commerce
    • Appointed member, National Security Task Force
  • International Association of Privacy Professionals (IAPP)
    • Member and previously qualified as Certified Information Privacy Professional


Speeches & Presentations



Publications



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.

  • 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.

  • Lead Report: Cybersecurity Plan Confusing, Should be Revamped, Attorneys Say
    April 28, 2014 — BNA Federal Contracts Report

    Washington, D.C.-based partner, David Bodenheimer, who handles government contracts, FCA, privacy, and cybersecurity matters, talks to BNA about the recent draft plan released by the General Services Administration's to manage cybersecurity risks in the federal acquisition process. The plan is causing confusion among some, and Bodenheimer tells BNA that implementing more than one recommendation at a time creates difficulties. "It's hard to implement one in isolation without considering others," he said. "If you do that before proceeding with training, it's hard to have an informed risk strategy without having people with the proper understanding of cybersecurity definitions. If everyone is working with several different definitions, you come up with several different understandings."


  • Law Firms Adding Cybersecurity Fields
    November 1, 2013 — Pittsburg Post-Gazette

    Washington, D.C.-based Government Contract Group partner and member of the Privacy & Data Security Practice, David Bodenheimer, comments on the growing number of law firms that are adding cybersecurity practices. He notes, "In 2013, many law firms expanded existing practice areas that dealt with health care and financial data protection issues," and recognized that this growth is due in part because of the executive order President Obama signed in February that directed federal agencies to develop cybersecurity standards for parts of the private sector.


  • Considering a Cyberstrike Against Syria
    September 10, 2013 — TechNewsWorld

    David Bodenheimer, partner and co-chair of the firm's Privacy & Cybersecurity Practice, outlines concerns about using cyberweapons in action against Syria, and warns that using such force would "legitimize cyberattacks and open up the rest of the world to use them…"
  • 6 Steps to Secure Systems for Sequester
    April 16, 2013 — Government Computer News

    Washington, D.C.-based partner, and head of the firm's Homeland Security practice, David Bodenheimer, is interviewed about how cybersecurity is an area that may not see as many cuts or hiring freezes due to sequestration. He also offers advice to IT departments who may be preparing for the impact of sequestration.


  • The Invisible Enemy: President’s Remarks Underscore New Focus on Cyber Crime
    April 3, 2013 — STORES

    David Bodenheimer, co-chair of the firm's Privacy & Cybersecurity practice, was quoted in STORES magazine, the official publication of the National Retail Federation (NRF), the world’s largest retail trade association. Bodenheimer was featured in a story about cybersecurity and its implications for the retail industry. The piece addresses President Obama’s focus on cybersecurity in his February 2013 State of the Union address.


  • Cloud Computing Contracts Run Into Bottleneck At GSA
    March 28, 2013 — Law360

    Continuing a discussion with Law360, Washington, D.C.-based partner David Bodenheimer points out hurdles the GSA's FedRAMP process could face while trying to consolidate agencies' servers and moving data storage to a cloud computing platform.


  • Hackers Could be Fair Game for Deadly Force, Cyberwar Experts Say
    March 22, 2013 — CSO Online

    David Bodenheimer, a Washington-D.C.-based Government Contracts partner who heads the firm's Homeland Security practice, is quoted in this article about the importance of authentication in cybersecurity self-defense.


  • Q&A With Crowell's David Bodenheimer
    March 15, 2013 — Law360

    Washington, D.C. based-partner, David Bodenheimer, answers questions for Government Contracts Law360 in their "Practice Leader Q&A Series." David describes one of the most challenging cases he's been part of, and lessons learned from when he first started practicing law.


  • Major Contracting Reform Could Hurt Competition, Small Biz
    July 10, 2012 — Government Contracts Law360, Quoted

  • Waiting On Cybersecurity Laws, Agencies Toughen Regs
    March 26, 2012 — Government Contracts Law360, Quoted

  • Cybersecurity Reforms Likely As Contractor Support Grows
    March 20, 2012 — Government Contracts Law360, Quoted

  • Nation's Infrastructure Still Vulnerable to Cyber Attack
    August 4, 2011 — ABC News/Politics

    Government Contracts Group partner and head of the firm’s Homeland Security practice, David Z. Bodenheimer, is featured for his comments on cyber security and the future of America’s critical infrastructure.

    Bodenheimer believes that now is the time for action on cyber security legislation. "We have known about our vulnerabilities in our critical infrastructure for well over a decade, and while there has been some progress we are still remarkably exposed," he said.

    Due to the large number of agencies in charge of infrastructure defense, there is a concern by some experts that departments will be confused on certain issues.  According to Bodenheimer, “No doubt the responsibilities are fragmented… Proposed legislative solutions could empower the president to take more direct control in a crisis.  But some critics have already objected to further consolidation and view cyber security reform as a massive overreach by the federal government.”

  • The Cybersecurity Boom
    May 10, 2010 — The Washington Post

    Crowell & Moring LLP Government Contracts Group partner and head of the firm's Homeland Security Practice, David Z. Bodenheimer, was featured in the Washington Post for his comments on the recent growth in cybersecurity work. According to Bodenheimer, "The market is still rather fragmented and in flux, but is developing with a speed that it is attracting both the major defense and homeland security contractors who are establishing independent business units to pursue these opportunities, and it is also a real opportunity for the smaller players who have niche products."

  • Flaw in the Marketplace Hurts Smaller Security Tech Firms
    June 9, 2008 — CQ Homeland Security

    Crowell & Moring Government Contracts Group partner David Z. Bodenheimer is featured for his comments on homeland security technology in the state and local marketplace.

  • Caught in the Act: Critics Say Safety Act Stifles Anti-Terrorism Technology
    July 18, 2005 — Federal Computer Week

    David Z. Bodenheimer, a partner in Crowell & Moring's False Claims and Government Contracts Group, was cited for his insights on the Safety Act.



Firm News & Announcements

May.19.2015 Chambers USA Ranks 53 Crowell & Moring Attorneys and 20 Leading Practice Areas Among Best in U.S.
Jan.09.2015 Crowell & Moring's Government Contracts Group Named to Law360's "Practice Groups of the Year" for Fifth Consecutive Year
Sep.30.2014 Super Lawyers 2014 Recognizes 90 Crowell & Moring Attorneys
Jun.05.2014 Crowell & Moring Releases "Data Law Trends & Developments" Report
May.23.2014 Chambers USA Ranks 51 Crowell & Moring Attorneys and 19 Leading Practice Areas Among Best in U.S.
Jun.09.2011 Media Invited to Attend ABA Panel on Cyber Warfare Law & Frontier Justice Hosted by Crowell & Moring
Sep.18.2007 Crowell & Moring’s Government Contracts Group Hosts Homeland Security Breakfast Series
Sep.15.2006 Crowell & Moring's David Bodenheimer Testifies Before House Homeland Security Subcommittees on Anti-Terrorism Technology & Safety Act
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