Amy Laderberg O'Sullivan is a partner in the firm's Washington, D.C. office, a member of the Steering Committee for the firm's Government Contracts Group, and former chair of the firm’s Diversity Council. Her practice involves a mix of litigation, transactional work, investigations, and counseling for corporate clients of all sizes and levels of experience as government contractors. On the litigation side, she has represented corporate clients in bid protests (agency level, GAO, ODRA, Court of Federal Claims, Court of Appeals for the Federal Circuit, as well as state and local bid protests in numerous jurisdictions), size and status protests before the U.S. Small Business Administration, claims litigation before the various Boards of Contract Appeals, Defense Base Act claims litigation at the Administrative Law Judge and Benefits Review Board levels, civil and criminal investigations, and she has been involved in complex commercial litigation.
Amy's counseling practice ranges from the day-to-day survival issues facing small businesses to the complex and specific legal questions from large defense contractors. She regularly works with the unique issues confronting small business as well as those arising in connection with teaming and contracting with small businesses, including navigating the SBA's regulations in such areas as affiliation; limitations on subcontracting; the mentor-protégé program; the SBIR program; and small business, 8(a), ANC, and SDVO SBC status issues. She reviews and negotiates terms of subcontracts, teaming agreements, mentor-protégé agreements, and joint venture agreements. She has provided counseling on various issues and risks associated with OCONUS contracting and the Defense Base Act.
Amy has also assumed numerous roles in connection with the mergers or acquisitions of government contractors, including conducting due diligence reviews, compliance with SBA notice and approval requirements, preparing/negotiating government contracts specific representations and disclosure schedules, and handling the novation of contracts. She has led internal investigations for major corporations of potential civil and criminal matters and assisted in disclosures to various government agencies. She has counseled clients on establishing, enforcing, and maintaining overall compliance programs. She has provided on-site training for companies on a range of issues, including contracting with small businesses, ethics and compliance issues, and basics of government contracting. She has also served as a course instructor for Federal Publications Seminars for a number of topics, including bid protests, past performance, basics of government contracting, cost-reimbursement contracting, and A-76 procurements.
RECENT REPRESENTATIVE BID PROTESTS
Recent representative protests include:
- Successfully challenged U.S. Department of Labor award of an approximately $100 million contract for operation of the Los Angeles Job Corps Center based on unequal discussions associated with revisions to proposed key personnel. YWCA of Greater Los Angeles, B-414596 et al., July 24, 2017, 2017 CPD ¶ 245.
- Obtained a recommendation that the agency reimburse a protester for costs of filing and pursuing a protest challenging the agency’s implementation of corrective action where the agency unduly delayed taking corrective action in response to a meritorious challenge that the Department of the Army failed to evaluate proposals using a common baseline. TRAX International Corporation—Costs, B-410441.8, Aug. 17, 2016, 2016 CPD ¶ 226.
- Successfully challenged offeror’s exclusion from the competitive range for the Department of Justice’s investigative support services for the asset forfeiture program. Arctic Slope Mission Services, LLC, B-410992.5, B-410992.6, Jan. 8, 2016, 2016 CPD ¶ 39.
- In corrective action protest in connection with a $700 million U.S. Army Corps of Engineers procurement for the permanent canal closures and pumps for New Orleans, successfully obtained a finding from the Court of Federal Claims that the GAO decision was, in part, irrational. CBY Design Builders v. United States, 102 Fed. Cl. 303 (2012).
Recent representations on behalf of contract awardees and offerors retained in the competitive range include:
- Successfully defended an award by the Social Security Administration for support services for the agency’s folder storage operation at the National Records Center against two challenges before GAO. Eagle Eye Electric, LLC, B-415562, B-415562.3, Jan. 18, 2018, 2018 CPD ¶ 33; Dextera Corporation, B-415562.2, B-415562.4, Feb 5, 2018, 2018 CPD ¶ 66. Successfully defended the same award before the Court of Federal Claims. Eagle Eye Electric, LLC v. United States, No. 18-173C (Fed. Cl. May 31, 2018).
- Successfully defended a $300 million award by Customs and Border Protection for data center support services from multiple organizational conflict of interest challenges. IBM Corporation, B-415575, Jan. 19, 2018, 2018 CPD ¶ 61.
- Successfully argued for the dismissal of the entirety of a protest before GAO of an award for base operation and support for certain Marine Corps facilities on the basis of lack of interested party status.
- Successfully defended a $185 million award by the National Aeronautics and Space Administration for the provision of various information technology services for the John F. Kennedy Space Center. AbacusSecure, LLC, B-415175, B-415175.2, B-415175.3, B-415175.4, Dec. 6, 2017, 2017 CPD ¶ 375.
- Successfully defended an 8(a) sole source award by the Defense Intelligence Agency for approximately $20 million for facility support services from a challenge that the Small Business Administration improperly accepted the requirement into the 8(a) program. SKC, LLC, B-415151, Nov. 20, 2017, 2017 CPD ¶ 366.
- Successfully defended an award by the National Nuclear Security Administration for services in support of the Office of Personnel and Facility Clearances at Kirtland Air Force Base from challenges to the agency’s evaluation under the cost and non-cost factors as well as to the conduct of discussions. Synergy Solutions, Inc., B-413974.3, June 15, 2017, 2017 CPD ¶ 332.
- Successfully defended protest of award by the Department of the Air Force following corrective action upholding award of a 10-year, $200 million contract for aerospace systems technical research and operations services (ASTROS) at Edwards Air Force Base, California. Jacobs Technology, Inc., B-413389.3, B-413389.4, Jul. 21, 2017, 2017 CPD 244.
- Successfully defended protest at GAO challenging the Department of Energy, National Nuclear Security Administration’s award of services for the implementation of DOE’s Personnel Security Program. Synergy Solutions, Inc., B-413974.3, June 15, 2017, 2017
CPD ¶ __.
- Successfully defended protests challenging more than $58 billion worth of U.S. Department of Defense projects for Tricare “managed care support” contracts. UnitedHealth Military & Veterans Services, LLC; WellPoint Military Care Corporation; Health Net Federal Services, LLC, B-411837.2 et al., Nov. 9, 2016, 2016 CPD ¶ 329.
- Successfully defended the award of a $285 million task order issued by the Department of Veterans Affairs for help desk services. Systems Made Simple, Inc., B-412948.2, Jul. 20, 2016, 2016 CPD ¶ 207.
- Successfully defended National Aeronautics and Space Administration’s $200 million award for software engineering services. Systems Engineering Partners, LLC, B-412329, et al., Jan. 20, 2016, 2016 CPD ¶ 31.
- Successfully defended award of contract for test support services for the U.S. Army Operational Test Command at Fort Hood, Texas. Research Analysis & Maintenance, Inc., B-410570.6, et al., Jul. 22, 2015, 2015 CPD ¶ 239.
- Successfully defended GAO and COFC protests and Federal Circuit Appeal of protest of an Army award of a contract to manage two Family Health Centers in Virginia, defeating allegations of improper organizational conflicts of interest, improper discussions, and numerous evaluation challenges. CRAssociates, Inc. v. U.S., 102 Fed. Cl. 698 (2011), appeal denied per curiam at 475 Fed. Appx. 341 (Fed. Cir. Aug. 14, 2012).
- Successfully defend an award valued up to $229 million for information technology services against wide-ranging challenges to the National Aeronautics and Space Administration’s evaluation proposals of price, technical, and past performance proposals as well as the agency’s conduct during discussions. DB Consulting Group, Inc., B-401543.2, B-401543.3, Apr. 28, 2010, 2010 CPD ¶ 109.
Amy has been named one of the top lawyers in the government contracts field by Chambers USA. She is an Acritas Star, Acritas Independently Rated Lawyers (2018, 2019) and in 2018, was named a fellow of the American Bar Foundation. In 2017, Amy was included in Law360's list of Government Contracts "MVPs."
Amy received her B.A. with honors in art history and political science from Williams College in 1996, where she was also a member of the swimming, water polo, and rugby teams. She graduated from William & Mary School of Law in 1999, where she served as Notes Editor of the William & Mary Law Review and Articles Editor of the William & Mary Journal of Women and the Law.
Prior to joining Crowell & Moring, Amy clerked for one year with the Honorable Jerome B. Friedman, United States District Judge for the Eastern District of Virginia.
Amy is a member of the Bars of the District of Columbia, the State of Virginia, the United States District Court for the Eastern District of Virginia, and the Fourth Circuit.