Michael Samuels is a counsel in Crowell & Moring's Government Contracts Group. His practice involves counseling and representing government contractors on a wide range of issues. Michael advises buyers and sellers in complex M&A transactions involving a government contractor. He assists with the due diligence process, the government contracts terms of the purchase or merger agreement, and other diligence, and post-closing, issues in areas such as small business compliance and recertification, cybersecurity, facility clearances and data rights issues. Michael also assists with other corporate government contracts matters such as re-organizations, novations, change of name agreements, and organizational conflict of interest issues.
In addition, Michael has extensive experience litigating bid protests before the Government Accountability Office, the Court of Federal Claims, the Small Business Administration Office of Hearings and Appeals, and the Federal Aviation Administration Office of Dispute Resolution for Acquisition.
Michael also counsels clients on various regulatory compliance issues, subcontractor and teaming agreements, small business issues and size protests, intellectual property data rights issues, cybersecurity, and contract claims and appeals.
Michael graduated from The George Washington University Law School, where he served as articles editor for the American Intellectual Property Law Association (AIPLA) Quarterly Journal.
Recognition
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Recognized as Best Lawyers "Ones to Watch"— Government Relations Practice, 2023
Affiliations
Professional Activities and Memberships
- American Bar Association, Section of Public Contract Law (Vice Chair of Mergers & Acquisitions Committee) (2021-2022)
- American Bar Association, Section of Public Contract Law (Vice Chair of Young Lawyers Committee (2019-2021))
Representative Matters
Government Contracts Due Diligence and Transactions
- Provided government contracts counsel to Accenture Federal Services in connection with its acquisition of Novetta.
- Provided government contracts counsel to Halfaker and Associates, a technology solutions provider within the government’s health, intelligence, defense, and security sectors, in connection with its sale to SAIC.
- Provided government contracts counsel to Perspecta Inc. in connection with its acquisition by Veritas Capital and merger with Peraton, Inc.
- Provided government contracts counsel to Arcline Investment Management in connection with the acquisition of government contractor entities within its portfolio.
- Provided government contracts counsel to Audax Private Equity in connection with the acquisition, reorganization, and sale of entities with its portfolio.
Published Bid Protest Wins as Protester
- Successfully protested at GAO challenging an FBI award for administrative and analysis support services for the agency's National Name Check Program.
- Won protest at GAO challenging an award for Bureau of Prisons residential re-entry center.
- Successfully protested flawed award for operation of Navy facility on multiple grounds.
- Successful protest of Defense Security Service award for security, suitability, and credentialing background investigations, and clearance adjudications.
- Protest at Court of Federal Claims of Department of Veterans Affairs consulting services contract sustained on multiple grounds.
Published Bid Protest Wins as Intervenor
- Represented IT services contractor in the successful defense of the award of a billion-dollar Department of Homeland Security contract against multiple protests.
- Successfully defended billion-dollar Department of Veterans Affairs ID/IQ award for information technology operations and services and remediation support services against three protests.
- Successfully defended sole-source award for airborne electronic attack system against multiple protests.
Speeches & Presentations
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“Government Contracts M&A,” GC 101: Back to Basics, Washington, D.C.
(September 21, 2022).
Presenters: Renée Delphin-Rodriguez, Michael Samuels, and Allison Skager.
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Webinar: "Acquisition of Small Business Contractors," American Bar Association, Section of Public Contract Law, Joint Panel of the Mergers & Acquisitions Committee and Small Business Committee
(July 27, 2022).
Moderator: Michael E. Samuels; Speaker: Olivia Lynch.
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"Small Business Webinar Series: Considerations When Acquiring a Small Business," Crowell & Moring Webinar.
(June 30, 2022).
Speakers: Amy Laderberg O'Sullivan, Olivia Lynch, and Michael E. Samuels.
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"Emerging Trends and Considerations in Gov Con M&A," Back Together Again for OOPS 2022, Washington, D.C.
(May 16, 2022).
Speakers: Christian N. Curran, Lex Eley, Michael E. Samuels, and Allison Skager.
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"Small Business Webinar Series: Small Business Status," Crowell & Moring Webinar.
(February 9, 2022).
Speakers: Olivia Lynch, Michael E. Samuels, and Allison Skager.
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"Government Contracts M&A," Crowell & Moring's Government Contracts 101 Seminar 2021
(October 21, 2021).
Speakers: Christian N. Curran, Peter Eyre, Adelicia R. Cliffe, Michael E. Samuels, and Allison Skager.
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"Risk Management in Teaming and Joint Ventures with Small Businesses," OOPS 2021, Crowell & Moring's 37th Annual Ounce of Prevention Seminar
(May 11, 2021).
Presenters: Stephen M. Byers, Amy Laderberg O'Sullivan, Jared Engelking, and Michael E. Samuels.
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"Part 1 – For Small Businesses: Recent and Coming Changes to Key Small Business Rules and Regulations," Crowell & Moring Webinar
(February 10, 2021).
Presenters: Olivia Lynch, Amy Laderberg O'Sullivan, Jared Engelking, Michael E. Samuels, and Zachary Schroeder.
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"A New Year and New Stimulus Legislation Bring Significant PPP Developments," Crowell & Moring Webinar
(January 5, 2021).
Presenters: Amy Laderberg O'Sullivan, Paul J. Pollock, Eric Homsi, Olivia Lynch, and Michael E. Samuels.
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"Key Issues in Due Diligence of Government Contractors," American Bar Association, Section of Public Contract Law, Joint Panel of the Mergers & Acquisitions Committee and Young Lawyers Committee
(July 29, 2020).
Presenter: Michael E. Samuels.
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"Ethics, Procurement Integrity, and Compliance in Federal Contracting," National Contract Management Association (NCMA) Tysons
(November 2018 and 2019).
Presenter: Michael E. Samuels.
Publications
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"Software Licensor Has A Valid Claim For Copyright Infringement For Government’s Over-Installation Of Copies," The Licensing Journal
(October 14, 2022).
Authors: Nicole Owren-Wiest, John E. McCarthy, Jr., William H. Frankel, Jonathan M. Baker, and Michael E. Samuels.
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"DOJ Reaches Settlement in Fraud Case Regarding Misuse of the Mentor-Protégé Program," Crowell & Moring’s Government Contracts Legal Forum
(February 1, 2022).
Authors: Olivia Lynch and Michael E. Samuels.
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"FAR Conformed To The ‘New’ Limitations On Subcontracting Methodology At 13 C.F.R. § 125.6," Government Contracting Law Report
(December 15, 2021).
Authors: Amy Laderberg O'Sullivan; Michael E. Samuels; Olivia Lynch; Zachary Schroeder.
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"FAR Conformed to the “New” Limitations on Subcontracting Methodology at 13 C.F.R. § 125.6," Crowell & Moring’s Government Contracts Legal Forum
(September 15, 2021).
Authors: Amy Laderberg O'Sullivan, Olivia Lynch, Michael E. Samuels and Zachary Schroeder.
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"Assessing Good Faith Efforts to Comply with a Small Business Subcontracting Plan," Crowell & Moring’s Government Contracts Legal Forum
(September 15, 2021).
Authors: Amy Laderberg O'Sullivan, Olivia Lynch, Michael E. Samuels and Zachary Schroeder.
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"SBA Publishes Rule To Implement One-Year Extension For 8(a) Business Development Program Participants," Westlaw Today
(March 8, 2021).
Authors. Amy Laderberg O'Sullivan, Olivia Lynch, Michael E. Samuels, and Zachary Schroeder.
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"Return of the MAC: SBA Final Rule Changes Certification Requirements for Multiple-Award Contracts," Crowell & Moring’s Government Contracts Legal Forum
(January 22, 2021).
Authors: Amy Laderberg O'Sullivan, Olivia Lynch, Michael E. Samuels and Zachary Schroeder.
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"Modifications to Several 13 C.F.R. § 121.103 Affiliation Tests," Crowell & Moring’s Government Contracts Legal Forum
(January 22, 2021).
Authors: Amy Laderberg O'Sullivan, Olivia Lynch, Michael E. Samuels and Zachary Schroeder.
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"Changes To The Evaluation Of Small Business Joint Ventures," Crowell & Moring’s Government Contracts Legal Forum
(January 22, 2021).
Authors: Amy Laderberg O'Sullivan, Olivia Lynch, Michael E. Samuels and Zachary Schroeder.
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"SBA’s Recent Rulemaking Changes to the 8(a) Business Development Program," Crowell & Moring’s Government Contracts Legal Forum
(January 22, 2021).
Authors: Amy Laderberg O'Sullivan, Olivia Lynch, Michael E. Samuels and Zachary Schroeder.
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"SBA Publishes Rule to Implement One-Year Extension for 8(a) Business Development Program Participants," Crowell & Moring’s Government Contracts Legal Forum
(January 14, 2021).
Authors: Amy Laderberg O'Sullivan, Olivia Lynch, Michael E. Samuels and Zachary Schroeder.
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"Changes to the SBA’s Mentor-Protégé Programs," Crowell & Moring’s Government Contracts Legal Forum
(December 18, 2020).
Authors: Amy Laderberg O'Sullivan, Olivia Lynch, Michael E. Samuels and Zachary Schroeder.
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"SBA’s Recent Rulemaking “Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments”" Crowell & Moring’s Government Contracts Legal Forum
(December 18, 2020).
Authors: Amy Laderberg O'Sullivan, Olivia Lynch, Michael E. Samuels and Zachary Schroeder.
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"The Statute Of Limitations Under The Contract Disputes Act: Recent Developments," Briefing Papers
(March 2017).
Co-Author: Michael E. Samuels.
Client Alerts & Newsletters
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"DFARS Proposed Rule on SBIR/STTR Data Rights and the Marking of Unlimited Rights Data,"
Government Contracts Bullet Points
(January 6, 2023).
Contacts: M. Yuan Zhou, John E. McCarthy Jr., Jonathan M. Baker, Nicole Owren-Wiest, Michael E. Samuels, Christopher D. Garcia
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"Department of Defense Establishes Office of Strategic Capital to Enhance Investment in National Security Critical Technology,"
Government Contracts Bullet Points
(December 8, 2022).
Contacts: Adelicia R. Cliffe, Jon O'Connell, Jonathan M. Baker, Michael E. Samuels, Stephanie L. Crawford
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"Congress Passes Last Minute Three-Year SBIR/STTR Reauthorization Including New National Security-Related Restrictions and Requirements,"
Government Contracts Bullet Points
(October 6, 2022).
Contacts: John E. McCarthy Jr., Lex Eley, Jonathan M. Baker, Peter Eyre, Olivia Lynch, Michael E. Samuels, M. Yuan Zhou, Christopher D. Garcia, Allison Skager
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"“Thank you . . . for trusting us!” Commercial Software Licensor Has a Valid Claim for Copyright Infringement Under 28 U.S.C. § 1498 for Government’s Over-Installation of Copies,"
(May 19, 2022).
Contacts: Nicole Owren-Wiest, John E. McCarthy Jr., Jonathan M. Baker, William H. Frankel, Michael E. Samuels
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"All Things Protest: Big Decisions for Small Businesses (October 2021),"
Podcast: All Things Protest
(October 29, 2021).
Contacts: Olivia Lynch, Michael E. Samuels
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"Biden Administration Announces Streamlining of Paycheck Protection Program as Part of White House Covid Plan,"
Government Contracts Bullet Points
(September 23, 2021).
Contacts: Amy Laderberg O'Sullivan, Olivia Lynch, Michael E. Samuels, Zachary Schroeder
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"FAR Updated to Conform with Prior SBA Changes to its Regulations,"
Government Contracts Bullet Points
(September 16, 2021).
Contacts: Amy Laderberg O'Sullivan, Olivia Lynch, Michael E. Samuels, Zachary Schroeder
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"GAO Rules that DoD May Not Require a Small Business Joint Venture Itself to Hold Facility Clearance,"
Government Contracts Bullet Points
(September 8, 2021).
Contacts: Peter Eyre, Adelicia R. Cliffe, Jonathan M. Baker, Olivia Lynch, Michael E. Samuels
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"SBA To No Longer Rely on Economic Necessity Questionnaires in Processing PPP Forgiveness Applications,"
Government Contracts Bullet Points
(August 2, 2021).
Contacts: Olivia Lynch, Amy Laderberg O'Sullivan, Michael E. Samuels, Daniel W. Wolff
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"DoD Proposes Rule on Evaluation of Joint Venture Past Performance for Construction and A&E Services Contracts,"
Government Contracts Bullet Points
(June 1, 2021).
Contacts: Olivia Lynch, Amy Laderberg O'Sullivan, Michael E. Samuels, Zachary Schroeder
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"Joint Ventures Pursuant to SBA MPAs – Attention to the Details!,"
Government Contracts Bullet Points
(May 27, 2021).
Contacts: Olivia Lynch, Amy Laderberg O'Sullivan, Michael E. Samuels, Zachary Schroeder
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"GAO Sustains Challenge to Evaluation Language Requiring a Joint Venture Protégé Member to Have the Same Experience as Other Offerors,"
(April 27, 2021).
Contacts: Olivia Lynch, Amy Laderberg O'Sullivan, Michael E. Samuels, Zachary Schroeder
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"DOJ Announces FCA Settlement Arising out of Violation of SBA’s Joint Venture Requirements,"
Government Contracts Bullet Points
(March 5, 2021).
Contacts: Olivia Lynch, Brian Tully McLaughlin, Amy Laderberg O'Sullivan, Michael E. Samuels, Zachary Schroeder
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"National Defense Authorization Act for Fiscal Year 2021: Need-to-Know Provisions for Government Contractors,"
Government Contracts Bullet Points
(January 12, 2021).
Contacts: Charles Baek, Jonathan M. Baker, Adelicia R. Cliffe, Stephanie L. Crawford, Peter Eyre, Christopher D. Garcia, Michael G. Gruden, CIPP/G, J. Chris Haile, Olivia Lynch, Nicole Owren-Wiest, Michael E. Samuels
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"SBA Issues Application Forms for New and "Second-Draw" PPP Loans,"
Government Contracts Bullet Points
(January 11, 2021).
Contacts: Olivia Lynch, Stephanie Marcantonio, Amy Laderberg O'Sullivan, Paul J. Pollock, Michael E. Samuels
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"SBA Begins Rolling Out Guidance for New PPP and PPP Second Draw Loans,"
Government Contracts Bullet Points
(January 7, 2021).
Contacts: Olivia Lynch, Stephanie Marcantonio, Amy Laderberg O'Sullivan, Paul J. Pollock, Michael E. Samuels
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"One Way or Another, Congress Will Allow a One-Year Extension of 8(a) Status for Participants Who Were in the 8(a) Program on or Before September 9, 2020,"
Government Contracts Bullet Points
(December 24, 2020).
Contacts: Olivia Lynch, Amy Laderberg O'Sullivan, Michael E. Samuels, Zachary Schroeder
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"Congress Passes Combined COVID-19 Relief and Omnibus Spending Bill,"
(December 23, 2020).
Contacts: Troy A. Barsky, Peter Eyre, James G. Flood, Glenn D. Grant, Olivia Lynch, S. Starling Marshall, Amy Laderberg O'Sullivan, Paul J. Pollock, Michael E. Samuels, Tim Shadyac
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"All Things Protest: The Latest on Key Personnel (November 2020),"
Podcast: All Things Protest
(November 30, 2020).
Contacts: Olivia Lynch, Robert J. Sneckenberg, Michael E. Samuels
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"D.C. District Court Denies Stay in FOIA Case, Authorizing Release of PPP Borrower Names and Amounts as Soon as December 1,"
Government Contracts Bullet Points
(November 25, 2020).
Contacts: Amy Laderberg O'Sullivan, Daniel W. Wolff, David Chung, Olivia Lynch, Michael E. Samuels
Firm News & Announcements