Focus Areas

Education

  • University of Virginia School of Engineering and Applied Science, B.S. mechanical engineering (2005) with distinction
  • University of Virginia School of Law, J.D. (2008) Journal of Law and Politics, Managing Board, Production Editor, Virginia Law and Business Review, Managing Board, Articles Editor

Admissions

  • Virginia
  • Admitted in Virginia Only. Practicing under the supervision of D.C. Bar Members.

Per David Midboe

Senior Counsel
pmidboe@crowell.com
+1.202.624.2697

Per David Midboe is a senior counsel in Crowell & Moring's Washington, D.C. office. He practices in the Government Contracts Group.

Per represents clients on a wide spectrum of government contracts legal issues, with a particular focus on competitions within the defense, emerging technologies, and IT sectors.

Building upon his substantial Navy experience, Per advises clients on critical competition issues under the FAR and DFARS, including: solicitation terms, evaluation factors, organizational conflicts of interest (OCI) issues, bidder’s Q&A, request for information (RFI) responses, subcontract formation, conducting discussions, government data rights clauses, subcontractor flow-downs, Procurement Integrity Act investigations, debriefs, and bid protest litigation. Per has deep experience in assessing government cost realism analyses and has taught the topic to contracting officers and attorneys across numerous DoD service branches.

Per also has substantial experience with other transactions (OTs) and advises on OT negotiations, including data rights negotiations under these vehicles.

Per also advises clients on contract administration disputes, including: settlement and release negotiations, requests for equitable adjustment (REAs), and claims. Per also has experience with fiscal law issues.

Navy Experience

Per led the Naval Information Warfare Systems Command Office of Counsel's Washington, DC offices, where he managed a team of senior federal acquisition attorneys and acted as the primary legal advisor to both PEO Manpower, Logistics, and Business Solutions (MLB) and PEO Digital. Together, these two PEOs have a combined annual budget of approximately $3 billion and are responsible for delivering IT infrastructure and applications to approximately 800,000 Navy users both ashore and afloat.

Prior to this, Per served as a senior procurement attorney and sub-section head at the Naval Sea Systems Command. In this role, Per directly oversaw, coached, and mentored a team of ten program attorneys providing legal analysis and business advice to NAVSEA contracting officers and program offices. Per’s team advised five of the Navy’s Program Executive Officers (PEOs) on nearly all of the Navy’s surface and subsurface weapon systems; it managed a wide variety of relationships with academia via the University Affiliated Research Centers; and it directly supported NAVSEA’s ten Warfare Centers as they conducted cutting-edge naval weapons research. Through this work, Per worked closely with senior leadership clients to acquire many critical military technologies, including: lasers, autonomous vessels, complex combat systems, radars/electronic warfare systems, and missile systems. These technologies are pivotal to the future of the defense industry in most of DoD’s most contested battlespaces, including: air, surface, subsurface, cyber, ballistic missile defense, and electronic warfare.

Additionally, Per advised the SeaPort program office with respect to its management of the Navy-wide professional support services multiple-award indefinite-delivery-indefinite quantity (MAC IDIQ) contracts, projected to buy up to $5B worth of support services annually for the Navy. Along with this programmatic experience, Per also has substantial experience competing numerous protestable task orders under the SeaPort vehicles and handling bid protest litigation.



Recognition

Per received numerous awards with the Navy. These include:

  • A 2021 Navy Meritorious Civilian Service Award – the Navy’s third-highest civilian award – for applying “vision and tenacity” in “undertaking large-scale innovative efforts” to improve the Navy’s contracting practice and for his contributions as a “recognized expert in cost realism” and mentor across the Navy’s legal, contracting, and program office communities. 
  • Numerous Program Executive Office Integrated Warfare Systems (PEO IWS) Awards for Excellence associated with various major weapon system source selections. 
  • The 2017 Assistant Secretary of the Navy (Financial Management & Comptroller) Team Achievement Award in the Policy and Systems Category for developing a NAVSEA-wide training about the fiscal implications of CLIN structures, which improved the Navy’s auditability. 
  • The 2014 Navy OGC Acquisition/Fiscal Law Achievement Award for writing both of the lead arguments in Lockheed’s protest of the Navy’s award of the development contract for its next generation ballistic missile defense/anti-aircraft warfare radar.


Affiliations

Admitted in Virginia Only. Practicing under the supervision of D.C. Bar Members.



Representative Engagements

Significant Federal Procurement Matters (handled as government attorney)
  • Per advised the Ship Self-Defense System (SSDS) Program through the entire life-cycle of competing its combat systems development requirements for the first time. This included advising on the acquisition strategy, solicitation-development, Bidder’s Q&A, organizational conflict of interest analyses, evaluation of initial proposals (technical and cost), the setting of a competitive range determination, discussions, evaluation of Final Proposal Revisions, the award decision, and in-person debriefs. Per also led a three-attorney team to a successful outcome in the bid protest litigation . 
  • Per served as the primary cost-evaluation attorney for the Air Missile Defense Radar (AMDR) Engineering and Manufacturing Development and Low-Rate Initial Productions (EMD & LRIP) procurement, which was a $1.5B award that procured the Navy’s next generation ballistic missile defense/anti-aircraft warfare radar. Per received the 2014 Navy OGC Acquisition/Fiscal Law Achievement Award in connection with his work on the bid protest. 
  • Per advised the Unmanned Maritime Systems Program Office in its competitive award of two major autonomous shipbuilding/design procurements: Large Unmanned Surface Vehicle (LUSV) Concept Design contract and the Medium Unmanned Surface Vehicle (MUSV) Prototype Production contract. Although both represented new market share for the industry, the Navy awarded both without protest. 
  • Per advised the High Energy Laser with Integrated Optical-dazzler and Surveillance (HELIOS) program to award its EMD & LRIP contract, which was one of the Navy’s first Rapid Prototyping Experimentation and Demonstration (RPED) initiatives. With Per’s guidance, the Navy awarded this contract less than a year from initiation, two months ahead of schedule, and without protest. 
  • Per served as the primary cost-evaluation attorney for the Aegis Combat System Engineering Agent (CSEA) procurement, which acquired the next generation surface combatant command and control system for the U.S. Navy.
Significant Fiscal Law Experience (handled as a government attorney)
  • Per advised the NAVSEA Comptroller on the full range of fiscal law issues in nearly all of the Navy’s various appropriations, including Shipbuilding and Conversion, Navy (SCN) and the National Sea-Based Deterrence Fund. Per has also addressed “new start” issues while the Government is operating under continuing resolutions. 
  • Per worked closely with the NAVSEA Comptroller to develop Government shutdown guidance for NAVSEA’s wide range of stakeholders including: mission-funded programs and personnel, working capital fund programs and personnel, and contractor personnel.


Speeches & Presentations

  • “The 101 of 101: The Foundations of Government Contracting,” GC 101: Back to Basics, Washington, D.C. (September 21, 2022). Presenters: Craig Barrett, Per Midboe, Payal Nanavati, and Amanda McDowell.
  • "Contractor Fraud, Waste, and Abuse Indicator Training," Naval Surface Warfare Center, Carderock, Leadership Meeting. Carderock, MD (February 2017). Presenter: Per David Midboe.
  • "The Nuts and Bolts of Cost Realism Analysis," 2014 Navy Office of General Counsel Training Symposium. Arlington, VA (May 2014). Presenter: Per David Midboe.
  • "Cost and Price Realism," 2014 Air Force Program Attorney Course. Arlington, VA (February 2014). Guest Lecturer: Per David Midboe.


Publications



Press Coverage