Photograph of Mark A. Ries

Government Experience

  • Department of Defense—U.S. Army Judge Advocate General’s Corps

Education

  • Gustavus Adolphus College, B.A. (1995)
  • College of William & Mary Marshall-Wythe School of Law, J.D. (2002) summa cum laude
  • The Judge Advocate General’s Legal Center and School, LL.M. (2006) Commandant's List

Admissions

  • District of Columbia
  • Virginia
Mark A. Ries, Senior Counsel Washington, D.C.
mries@crowell.com
Phone: +1 202.624.2794
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Mark A. Ries is a senior counsel in the Government Contracts Group in Crowell & Moring's Washington, D.C. office. Mark represents government contractors across a wide range of government procurement law matters, including bid protests, internal investigations, ethics and compliance, interpretation of FAR and agency supplement contract clauses and solicitation provisions, contract claims and disputes, and small business contracting. Mark also advises clients on national security matters, such as National Industrial Security Program Manual compliance and facility and personnel clearances.

Prior to joining Crowell & Moring, Mark served in the U.S. Army for 20 years and garnered experience across the full spectrum of government contract and fiscal law matters, primarily as an acquisition law specialist within the U.S. Army Judge Advocate General's Corps. Mark's final Army assignment was with the Acquisition Law Practice Group in the Army Office of General Counsel (OGC), advising the Assistant Secretary of the Army for Acquisition, Logistics and Technology (ASA(ALT)), the director of Army Small Business Programs, Program Executive Officers (PEO), and program managers in support of major defense acquisition programs and other procurements with congressional and public interest.

Before his OGC position, Mark litigated in defense of the Army and Department of Defense (DoD) agencies against bid protests before the Government Accountability Office (GAO) and Court of Federal Claims (COFC), and contract appeals before the Armed Services Board of Contract Appeals (ASBCA). Mark also served as the deputy chief counsel for the Army's contracting command in Europe, advising the principal assistant responsible for contracting and contracting officers on the planning, award, administration, and dispute resolution of construction, service, and supply contracts. Mark leverages this experience on the other side of the table to benefit clients in their business engagements with government agencies and, when needed, in litigation.

Rounding out Mark’s time in the Army, he was an associate professor at the Army's Judge Advocate General's School, the premier federal government provider of contract and fiscal law education, where he was the recognized subject matter expert in bid protests, construction contracting, contingency contracting, and contractors on the battlefield. Prior to focusing on government contract law, Mark prosecuted felonies and misdemeanors and served as the sole legal advisor for a 4,500-person organization. While deployed to Iraq, he advised military commanders on international law compliance and advised senior officers investigating alleged war crimes. During his military career, Mark was also a platoon leader, an operations officer, and a branch chief in charge of congressional inquiries and line of duty investigations.

REPRESENTATIVE ENGAGEMENTS

Bid Protests

Representing Protester
  • Successfully challenged the awardee’s past performance rating, setting aside USTRANSCOM’s award of a $3 billion freight services contract, because the values of the awardee’s past efforts were extremely small relative to the value of the requirement. XPO Logistics Worldwide Gov’t Servs., LLC, B- 412628.6, B- 412628.7, Mar. 14, 2017, 2017 CPD ¶ 88.
  • Successfully challenged the agency’s organizational conflict of interest (OCI) and past performance evaluations, setting aside the Air Force’s award of a $40 million computer network operations and cyberspace warfare operations contract, because the agency failed to reasonably evaluate whether the awardee had adequately avoided or mitigated its unequal access to competitively sensitive information and the past performance evaluation was flawed. AT&T Gov’t Solutions, Inc., B-413012; B-413012.2, July 28, 2016, 2016 CPD ¶ 237
  • Successfully obtained corrective action following the filing of GAO protests on behalf of several clients, permitting the clients another opportunity to win contract award. Protest grounds in these cases have included, among others, that the awardee had engaged in an impermissible “bait & switch” of key personnel, that the agency impermissibly excluded sources from competing, and that the agency irrationally excluded the offeror from the competitive range.
Representing Contract Awardee/Intervenor or Government Agency
Contract Claims and Appeals
  • Successfully defended against an appeal at the ASBCA where the contractor sought payment for construction work completed, obtaining dismissal for lack of jurisdiction where the contract was not subject to the Contract Disputes Act (CDA). White Hand Company, LLC, ASBCA No. 59184, 15-1 BCA ¶ 36,003.
  • Successfully defended against an appeal at the ASBCA following a hearing where the contractor challenged the Army's termination for default and asserted a damages claim under a contract to procure wing section spares, defeating allegations of government delay on which the contractor had prevailed in a similar appeal against another agency. DODS, Inc., ASBCA Nos. 57746, 58252, 14-1 BCA ¶ 35,677.
  • Successfully defended against an appeal at the ASBCA obtaining summary judgment. Thefaf Al Rafidain Contracting Co., ASBCA No. 59014, 14-1 BCA ¶ 35,573.
  • Successfully negotiated settlement of an ASBCA appeal on behalf of an Army nonappropriated fund instrumentality (NAFI), obtaining a liquidated damages payment from the contractor where the propriety of the contract termination was disputed.
  • Successfully negotiated settlement of an ASBCA appeal on behalf of the CENTCOM Joint Theater Support Contracting Command, where the dispute concerned whether the contractor was obligated to complete the entire project at a fixed price or to provide its best efforts at a monthly fixed price.


Affiliations

Admitted to practice: District of Columbia, Virginia, U.S. Supreme Court, U.S. Court of Appeals for the Federal Circuit, U.S. Court of Federal Claims

Professional Memberships

  • American Bar Association (ABA): Public Contract Law Section (Bid Protest Committee Vice Chair); Administrative Law Section
  • Federal Bar Association (FBA)
  • Court of Federal Claims Bar Association (CFCBA)
  • Board of Contract Appeals Bar Association (BCABA)
  • National Contract Management Association (NCMA)
  • Judge Advocates Association (JAA)
  • Military Officers Association of America (MOAA)


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