Jonathan M. Baker

Partner
jbaker@crowell.com
+1.202.624.2641

Jonathan M. Baker is a partner 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, prime-sub disputes, government contracts due diligence and transactions, regulatory compliance, and contract terminations. Jon's practice has a notable emphasis on technology-related issues, including counseling clients in the areas of patent and data rights, responding to government challenges to technical data and computer software rights assertions, and litigating cases involving complex and cutting edge technologies. Jon also provides guidance on national security matters, such as National Industrial Security Program Operating Manual compliance and facility and security clearance matters. In addition, Jon has advised clients on local government contract negotiation, 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, parental rights termination, and landlord-tenant matters.

Prior to attending law school, Jon served on active duty for six years as an officer in the U.S. Air Force.

Representative Engagements

Published Bid Protest Decisions

Representing Protester

  • 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.

Representing Contract Awardee/Intervener

  • Defended the FAA's award of an $81 million contract to modernize information systems throughout the National Airspace System. Exelis, Inc., 15-ODRA-00727.
  • 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 contractors in connection with government investigations with potential False Claims Act implications.
Government Contracts Due Diligence & Transactions
  • Performed buyer-side government contracts due diligence for a number of government contracts clients, with a special emphasis on transactions involving complex government contracts intellectual property issues.
  • Advised companies acquiring cleared government contractors or undergoing corporate restructuring on maintaining or obtaining facility security clearances.

Affiliations

Admitted to Practice: District of Columbia, Virginia, United States Court of Federal Claims, United States District Court for the Eastern District of Virginia, United States Court of Appeals for the Federal Circuit



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Firm News & Announcements

February 22, 2019 Law360 Names Crowell & Moring's Government Contracts Group a "Practice Group of the Year" for the Ninth Consecutive Year
January 4, 2018 Crowell & Moring Elects Seven New Partners and Promotes 23 Associates to Counsel
October 26, 2017 DEAL NOTE: Crowell & Moring Represents Novume Solutions in Acquisition of Global Technical Services and Global Contract Professionals
January 9, 2015 Crowell & Moring's Government Contracts Group Named to Law360's "Practice Groups of the Year" for Fifth Consecutive Year
January 17, 2013 Crowell & Moring Elects Seven New Partners and Promotes Twelve Attorneys to Senior Counsel and Counsel Positions