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PilieroMazza PLLC

Patrick T. Rothwell

Associate

Washington, DC

202.655.4188

prothwell@pilieromazza.com

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Bio

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Patrick advises clients on a wide array of government contracting matters, including representing clients in protests, appeals, and claims before the GAO, U.S. Court of Federal Claims, U.S. District Court, ASBCA, CBCA, and the SBA's Office of Hearings and Appeals. In addition, he assists clients in investigations related to government contracting, including suspension/debarment proceedings and similar investigations that impact the ability of clients to do business with the federal government.

Patrick also helps clients successfully navigate their way through the various small business contracting programs, including the SBA’s 8(a), HUBZone, SDVO SBC, and its 8(a) and All Small Mentor-Protégé programs. Moreover, he provides guidance with regard to Indian and ANC-related contracting issues, such as sovereign immunity, 8(a) eligibility, and set asides under the Buy Indian Act.

On behalf of the Firm’s government contractor clients, Patrick also drafts and reviews teaming agreements, joint venture agreements, mentor/protégé agreements, consulting agreements, corporate formation and governance documents, and other corporate instruments for government contractors.

Prior to joining PilieroMazza, Patrick was a Law Clerk for The Honorable Edward J. Damich, U.S. Court of Federal Claims, 2000-2002, 2005-2006, 2008-2009; and a Law Clerk for The Honorable Mary Ellen Coster Williams, United States Court of Federal Claims, 2006-2008.

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Related Practice Areas

  • Government Contracts
  • REAs, Claims, and Appeals
  • Native American Law & Tribal Advocacy
  • Bid Protests

Representative Matters

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Representative Experience

Government Contracts Law:

  • Successfully pursuing and defending against bid protests before GAO and the Court of Federal Claims
  • Successfully representing federal contractors undergoing suspension and debarment actions or investigations by SBA and/or other federal agencies
  • Counsels clients on Indian tribal sovereign immunity
  • Counsels clients on joint venturing and mentor/protégé regulations for federal small business contracting programs 
  • Obtaining termination settlements with the Government on behalf of government contractors

Small Business Programs & Advisory Services:

  • Successfully obtaining size recertifications by SBA
  • Successfully pursuing and defending against numerous size and eligibility status protests and appeals before SBA Office of Hearings and Appeals
  • Advising clients on compliance with Small Business Regulations and the Federal Acquisition Regulation
  • Advising clients in obtaining or maintaining 8(a) certification
  • Defends HUBZone contractors in HUBZone eligibility protests
  • Assists small businesses in obtaining size recertifications by SBA

Business & Transactions Law:

  • Assists with formation of joint ventures, mentor/protégé relationships, and teaming arrangements
  • Reviews and prepares joint venture agreements, corporate formation and governance documents, mentor/protégé agreements, teaming agreements, and consulting agreements
  • Advises federal contractors on corporate restructuring
  • Assists with the novation of federal contracts

Representative Cases

  • Successfully protested the award of a contract to a vendor where the agency did not have a reasonable basis for concluding that the differences between the quotation of the awardee and the protestor were negligible. See Protection Strategies, Inc., B-414648.2, B-41464.3 (Nov. 20, 2017)
  • Represented contract awardee in a successfully defense of an 8(a) sole source award. See NTELX, Inc., B-413837 (Dec. 28, 2016).
  • Represented contract awardee in a successful defense of an agency decision to override GAO automatic stay of performance of the contract pending the conclusion of a bid protest.  Charles F. Day & Assoc. v. United States, 120 Fed. Cl. 767 (2015)
  • Obtained a preliminary injunction of a sole-source bridge contract award.  See Cherokee Nation Techs., LLC v. United States, 116 Fed. Cl. 636 (2014)
  • Obtained a remand from OHA of a denial of an 8(a) application that was based upon an unsupported negative finding of social disadvantage. See Loyal Source Government Services, LLC, SBA No. BDP-434 (Jun. 22, 2012)
  • Successfully protested the size of an awardee of a government contract, including intervening in the awardee’s appeal of an adverse size determination before OHA. See RGB Group, Inc., SBA No. SIZ-5351 (May 7, 2012)
  • Successfully obtained a preliminary injunction enjoining award of a contract pending an appeal before OHA. See Metters Indus., Inc. v. United States, No. 13-116C, 2013 WL 751304 (Feb. 27, 2013)
  • Obtained injunctive relief at the Court of Federal Claims requiring re-evaluation of an offer in a large information technology procurement. See Standard Commc’ns. Inc. v. United States, 101 Fed. Cl. 723 (2011)

Insights

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Articles

  • Reducing the Negative Impacts of a Government Shutdown for Federal Contractors, PilieroMazza Client Alert, 09.21.23
  • Federal Court Prohibits SBA’s Use of Rebuttable Presumption for 8(a) Program, PilieroMazza Client Alert, 07.21.23
  • 5 Key Ways a Contractor Can Be Subject to a Government Claim, The PM Legal Minute Blog, 06.20.22
  • SBA Increases Its Size Standards, Opening More Opportunities for Winning Government Contracts, PilieroMazza Client Alert, 04.04.22
  • How Government Contractors Can Mitigate Potential Impacts of a Government Shutdown, PilieroMazza Client Alert, 09.28.21
  • BLOG: Raytheon Challenges CO Intellectual Property Decision in COFC, The PM Legal Minute Blog, 03.17.20
  • PilieroMazza Comments to RIN 3245-AG94, Proposed Rule on the Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments, PilieroMazza Comments, 02.18.20
  • PilieroMazza Drafts Comments to RIN 3245-AG94, Proposed Rule on the Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments, PilieroMazza Comments, 01.30.20
  • BLOG: Protégé Subcontract Revenues from Mentor Hold No Basis for Economic Dependence, The PM Legal Minute Blog, 09.18.19
  • GAO Finds That Federal Agencies Have Made Few SBIR Awards to Small Businesses Majority-Owned by Multiple Venture Capital Operating Companies, Hedge Funds, or Private Equity Firms, The PM Legal Minute Blog, 03.13.19
  • GAO Sustains Protest Alleging Misrepresentation in Proposal Regarding Availability of Incumbent Staff, The PM Legal Minute Blog, 01.18.19
  • Breach of Settlement Agreement Suits Against Federal Government Not Precluded by Finality Clauses, The PM Legal Minute Blog, 10.02.18
  • New and Proposed Certified Cost or Pricing Data Requirements Will Shift Burdens upon DoD Contractors, The PM Legal Minute Blog, 07.12.18
  • An Instructive Warning to Contractors of the Need to Understand CDA Requirements, The PM Legal Minute Blog, 04.26.18
  • GSA & OMB are Holding a Public Meeting and Requesting Written Comments Regarding Implementation of the “Amazon Amendment”, The PM Legal Minute Blog, 01.02.18
  • SBA Office of Hearings and Appeals Reaffirms “Unconditional Ownership” Requirement in the SBA SDVOSB Program, The PM Legal Minute Blog, 09.29.17
  • House Small Business Committee Approves Legislation Providing For Expedited Partial Payments of Requests for Equitable Adjustment to Small Construction Contractors, The PM Legal Minute Blog, 07.05.17
  • New Option for Past Performance Ratings, 05.26.17
  • GAO Reports On Government Contracting Trends, The PM Legal Minute Blog, 03.23.17
  • Court of Federal Claims Applies a 150 Employee Size Standard to ITVAR Non-Manufacturers, The PM Legal Minute Blog, 02.03.17
  • New Pilot Program Will Give Certain Small Businesses New Option to Obtain Past Performance Ratings – Patrick Rothwell – Legal Advisor, 01.18.17
  • Decision: Agencies Are Not Required to Accept Size Standards Increased After Solicitation is Issued, The PM Legal Minute Blog, 04.22.16
  • Time for A Check Up of Your Firm’s Compliance with Government Contracting Standards, The PM Legal Minute Blog, 02.19.16
  • Constitutionality of 8(a) Program Reaffirmed, The PM Legal Minute Blog, 11.24.15
  • OHA Clarifies Non-Manufacturer Rules For Procurements Conducted Under Simplified Acquisition Procedures, The PM Legal Minute Blog, 11.20.15
  • Ninth Circuit Eases Ability for Whistleblowers to Bring Qui Tam Actions, The PM Legal Minute Blog, 08.07.15
  • Good News for Offerors who Provide Unique Low-cost Solutions to the Government, The PM Legal Minute Blog, 05.27.15
  • When A Protest Isn’t A Protest, The PM Legal Minute Blog, 04.08.15
  • The “Rule of Two” For Orders Placed Against Multiple Award Contracts: The Other Shoe Has Dropped, The PM Legal Minute Blog, 01.07.15
  • Court Ruling Confirms that SDVOSB Contractors Possess Procedural Due Process Rights Against Adverse Eligibility Determinations, The PM Legal Minute Blog, 12.02.14
  • Skipping Intervention in a GAO Bid Protest Can Be a “Pound Foolish” Exercise, The PM Legal Minute Blog, 09.12.14
  • An 8(a) Contracting Cautionary Tale’s Final Scene, The PM Legal Minute Blog, 07.28.14
  • Recent Supreme Court Decision Reaffirms Tribal Sovereign Immunity for Commercial Activities Conducted Off-Reservation, The PM Legal Minute Blog, 06.19.14
  • Proposed FAR Amendment Would Greatly Expand Policing of Contract Employees for Personal Conflicts of Interest, The PM Legal Minute Blog, 04.16.14
  • Business Friendly Decisions on Size Appeals – Patrick Rothwell, Set-Aside Alert, 03.23.12

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News

  • COVID-Related Claim Successfully Negotiated by PilieroMazza’s Government Contracts Team, 09.16.21
  • New Option for Past Performance Ratings, 05.26.17
  • New Pilot Program Will Give Certain Small Businesses New Option to Obtain Past Performance Ratings – Patrick Rothwell – Legal Advisor, 01.18.17
  • Business Friendly Decisions on Size Appeals – Patrick Rothwell, Set-Aside Alert, 03.23.12

Credentials

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Education

  • The Catholic University of America, Columbus School of Law, J.D., 2000
  • University of North Carolina at Chapel Hill, 1992

Admissions

  • Maryland
  • District of Columbia
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, District of Maryland
  • U.S. Court of Federal Claims
  • U.S. Court of International Trade
Bio Representative Matters Insights Credentials

Patrick advises clients on a wide array of government contracting matters, including representing clients in protests, appeals, and claims before the GAO, U.S. Court of Federal Claims, U.S. District Court, ASBCA, CBCA, and the SBA's Office of Hearings and Appeals. In addition, he assists clients in investigations related to government contracting, including suspension/debarment proceedings and similar investigations that impact the ability of clients to do business with the federal government.

Patrick also helps clients successfully navigate their way through the various small business contracting programs, including the SBA’s 8(a), HUBZone, SDVO SBC, and its 8(a) and All Small Mentor-Protégé programs. Moreover, he provides guidance with regard to Indian and ANC-related contracting issues, such as sovereign immunity, 8(a) eligibility, and set asides under the Buy Indian Act.

On behalf of the Firm’s government contractor clients, Patrick also drafts and reviews teaming agreements, joint venture agreements, mentor/protégé agreements, consulting agreements, corporate formation and governance documents, and other corporate instruments for government contractors.

Prior to joining PilieroMazza, Patrick was a Law Clerk for The Honorable Edward J. Damich, U.S. Court of Federal Claims, 2000-2002, 2005-2006, 2008-2009; and a Law Clerk for The Honorable Mary Ellen Coster Williams, United States Court of Federal Claims, 2006-2008.

Read More Read Less

Related Practice Areas

  • Government Contracts
  • REAs, Claims, and Appeals
  • Native American Law & Tribal Advocacy
  • Bid Protests

Representative Experience

Government Contracts Law:

  • Successfully pursuing and defending against bid protests before GAO and the Court of Federal Claims
  • Successfully representing federal contractors undergoing suspension and debarment actions or investigations by SBA and/or other federal agencies
  • Counsels clients on Indian tribal sovereign immunity
  • Counsels clients on joint venturing and mentor/protégé regulations for federal small business contracting programs 
  • Obtaining termination settlements with the Government on behalf of government contractors

Small Business Programs & Advisory Services:

  • Successfully obtaining size recertifications by SBA
  • Successfully pursuing and defending against numerous size and eligibility status protests and appeals before SBA Office of Hearings and Appeals
  • Advising clients on compliance with Small Business Regulations and the Federal Acquisition Regulation
  • Advising clients in obtaining or maintaining 8(a) certification
  • Defends HUBZone contractors in HUBZone eligibility protests
  • Assists small businesses in obtaining size recertifications by SBA

Business & Transactions Law:

  • Assists with formation of joint ventures, mentor/protégé relationships, and teaming arrangements
  • Reviews and prepares joint venture agreements, corporate formation and governance documents, mentor/protégé agreements, teaming agreements, and consulting agreements
  • Advises federal contractors on corporate restructuring
  • Assists with the novation of federal contracts

Representative Cases

  • Successfully protested the award of a contract to a vendor where the agency did not have a reasonable basis for concluding that the differences between the quotation of the awardee and the protestor were negligible. See Protection Strategies, Inc., B-414648.2, B-41464.3 (Nov. 20, 2017)
  • Represented contract awardee in a successfully defense of an 8(a) sole source award. See NTELX, Inc., B-413837 (Dec. 28, 2016).
  • Represented contract awardee in a successful defense of an agency decision to override GAO automatic stay of performance of the contract pending the conclusion of a bid protest.  Charles F. Day & Assoc. v. United States, 120 Fed. Cl. 767 (2015)
  • Obtained a preliminary injunction of a sole-source bridge contract award.  See Cherokee Nation Techs., LLC v. United States, 116 Fed. Cl. 636 (2014)
  • Obtained a remand from OHA of a denial of an 8(a) application that was based upon an unsupported negative finding of social disadvantage. See Loyal Source Government Services, LLC, SBA No. BDP-434 (Jun. 22, 2012)
  • Successfully protested the size of an awardee of a government contract, including intervening in the awardee’s appeal of an adverse size determination before OHA. See RGB Group, Inc., SBA No. SIZ-5351 (May 7, 2012)
  • Successfully obtained a preliminary injunction enjoining award of a contract pending an appeal before OHA. See Metters Indus., Inc. v. United States, No. 13-116C, 2013 WL 751304 (Feb. 27, 2013)
  • Obtained injunctive relief at the Court of Federal Claims requiring re-evaluation of an offer in a large information technology procurement. See Standard Commc’ns. Inc. v. United States, 101 Fed. Cl. 723 (2011)

Articles

  • Reducing the Negative Impacts of a Government Shutdown for Federal Contractors, PilieroMazza Client Alert, 09.21.23
  • Federal Court Prohibits SBA’s Use of Rebuttable Presumption for 8(a) Program, PilieroMazza Client Alert, 07.21.23
  • 5 Key Ways a Contractor Can Be Subject to a Government Claim, The PM Legal Minute Blog, 06.20.22
  • SBA Increases Its Size Standards, Opening More Opportunities for Winning Government Contracts, PilieroMazza Client Alert, 04.04.22
  • How Government Contractors Can Mitigate Potential Impacts of a Government Shutdown, PilieroMazza Client Alert, 09.28.21
  • BLOG: Raytheon Challenges CO Intellectual Property Decision in COFC, The PM Legal Minute Blog, 03.17.20
  • PilieroMazza Comments to RIN 3245-AG94, Proposed Rule on the Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments, PilieroMazza Comments, 02.18.20
  • PilieroMazza Drafts Comments to RIN 3245-AG94, Proposed Rule on the Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments, PilieroMazza Comments, 01.30.20
  • BLOG: Protégé Subcontract Revenues from Mentor Hold No Basis for Economic Dependence, The PM Legal Minute Blog, 09.18.19
  • GAO Finds That Federal Agencies Have Made Few SBIR Awards to Small Businesses Majority-Owned by Multiple Venture Capital Operating Companies, Hedge Funds, or Private Equity Firms, The PM Legal Minute Blog, 03.13.19
  • GAO Sustains Protest Alleging Misrepresentation in Proposal Regarding Availability of Incumbent Staff, The PM Legal Minute Blog, 01.18.19
  • Breach of Settlement Agreement Suits Against Federal Government Not Precluded by Finality Clauses, The PM Legal Minute Blog, 10.02.18
  • New and Proposed Certified Cost or Pricing Data Requirements Will Shift Burdens upon DoD Contractors, The PM Legal Minute Blog, 07.12.18
  • An Instructive Warning to Contractors of the Need to Understand CDA Requirements, The PM Legal Minute Blog, 04.26.18
  • GSA & OMB are Holding a Public Meeting and Requesting Written Comments Regarding Implementation of the “Amazon Amendment”, The PM Legal Minute Blog, 01.02.18
  • SBA Office of Hearings and Appeals Reaffirms “Unconditional Ownership” Requirement in the SBA SDVOSB Program, The PM Legal Minute Blog, 09.29.17
  • House Small Business Committee Approves Legislation Providing For Expedited Partial Payments of Requests for Equitable Adjustment to Small Construction Contractors, The PM Legal Minute Blog, 07.05.17
  • New Option for Past Performance Ratings, 05.26.17
  • GAO Reports On Government Contracting Trends, The PM Legal Minute Blog, 03.23.17
  • Court of Federal Claims Applies a 150 Employee Size Standard to ITVAR Non-Manufacturers, The PM Legal Minute Blog, 02.03.17
  • New Pilot Program Will Give Certain Small Businesses New Option to Obtain Past Performance Ratings – Patrick Rothwell – Legal Advisor, 01.18.17
  • Decision: Agencies Are Not Required to Accept Size Standards Increased After Solicitation is Issued, The PM Legal Minute Blog, 04.22.16
  • Time for A Check Up of Your Firm’s Compliance with Government Contracting Standards, The PM Legal Minute Blog, 02.19.16
  • Constitutionality of 8(a) Program Reaffirmed, The PM Legal Minute Blog, 11.24.15
  • OHA Clarifies Non-Manufacturer Rules For Procurements Conducted Under Simplified Acquisition Procedures, The PM Legal Minute Blog, 11.20.15
  • Ninth Circuit Eases Ability for Whistleblowers to Bring Qui Tam Actions, The PM Legal Minute Blog, 08.07.15
  • Good News for Offerors who Provide Unique Low-cost Solutions to the Government, The PM Legal Minute Blog, 05.27.15
  • When A Protest Isn’t A Protest, The PM Legal Minute Blog, 04.08.15
  • The “Rule of Two” For Orders Placed Against Multiple Award Contracts: The Other Shoe Has Dropped, The PM Legal Minute Blog, 01.07.15
  • Court Ruling Confirms that SDVOSB Contractors Possess Procedural Due Process Rights Against Adverse Eligibility Determinations, The PM Legal Minute Blog, 12.02.14
  • Skipping Intervention in a GAO Bid Protest Can Be a “Pound Foolish” Exercise, The PM Legal Minute Blog, 09.12.14
  • An 8(a) Contracting Cautionary Tale’s Final Scene, The PM Legal Minute Blog, 07.28.14
  • Recent Supreme Court Decision Reaffirms Tribal Sovereign Immunity for Commercial Activities Conducted Off-Reservation, The PM Legal Minute Blog, 06.19.14
  • Proposed FAR Amendment Would Greatly Expand Policing of Contract Employees for Personal Conflicts of Interest, The PM Legal Minute Blog, 04.16.14
  • Business Friendly Decisions on Size Appeals – Patrick Rothwell, Set-Aside Alert, 03.23.12

View More View Less

News

  • COVID-Related Claim Successfully Negotiated by PilieroMazza’s Government Contracts Team, 09.16.21
  • New Option for Past Performance Ratings, 05.26.17
  • New Pilot Program Will Give Certain Small Businesses New Option to Obtain Past Performance Ratings – Patrick Rothwell – Legal Advisor, 01.18.17
  • Business Friendly Decisions on Size Appeals – Patrick Rothwell, Set-Aside Alert, 03.23.12

Education

  • The Catholic University of America, Columbus School of Law, J.D., 2000
  • University of North Carolina at Chapel Hill, 1992

Admissions

  • Maryland
  • District of Columbia
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, District of Maryland
  • U.S. Court of Federal Claims
  • U.S. Court of International Trade
  • About Us
  • People
  • Services
  • Insights
  • Join Us!
  • Contact Us
  • PM Staff

Washington, DC
1001 G Street NW
Suite 1100
Washington, DC 20001

202.857.1000

Boulder, CO
1434 Spruce Street
Suite 100
Boulder, CO 80302

303.501.1300

Annapolis, MD
60 West Street
Suite 201
Annapolis, MD 21401

410.500.5551

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