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Evan Sherwood

Special Counsel

Washington +1 202 662 5981

  • About
  • Representative Matters
  • Credentials
  • About

    Evan Sherwood counsels federal contractors on Contract Disputes Act (CDA) claims, the cost accounting standards (CAS), cost allowability, requests for equitable adjustment (REAs), contract terminations for convenience/default, and related audits, litigations, and investigations. He also advises on contract compliance and formation issues, including TINA/defective pricing, data rights, mandatory disclosure rules, ethics, conflicts of interest, teaming arrangements, and other transaction agreements (OTAs). He has litigated matters before the Court of Federal Claims, the Armed Services Board of Contract Appeals, the Government Accountability Office, and the Federal District Courts.

    In his work for defense and civilian agency contractors, Evan:

    • Prepares CDA claims and REAs;
    • Litigates matters involving CAS compliance, cost accounting practice changes, and cost allowability under the FAR and grant rules;
    • Defends contractors during audits and investigations involving the Defense Contract Audit Agency (DCAA), Defense Contract Management Agency (DCMA), and the Office of the Inspector General (OIG);
    • Advises on constructive changes, work delays, defective specifications, stop-work orders, government-furnished property, CPARS, warranty matters, data rights, and quality controls;
    • Counsels on disputes between primes and subcontractors, including teaming disputes; and
    • Conducts internal investigations and defends clients in federal investigations involving whistleblower allegations and retaliation claims.

    Evan is a Vice Chair of the ABA Public Contract Law Section’s Contract Claims & Disputes Resolution Committee. He routinely writes and speaks about legal issues in federal contracting.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters

    Disputes and Cost Matters

    • Represented contractor in ASBCA litigation involving pension cost allowability issues.
    • Advised contractors on a wide range of CAS/cost matters, achieving favorable pre-litigation resolutions.
    • Assisted contractor to obtain a zero-dollar resolution for warranty and product defect claims involving a large Navy procurement.
    • Represented contractor in ASBCA litigation involving contract termination.
    • Represented subcontractor in litigation to enforce a teaming agreement.
    • Helped contractor resolve government assertions about defective cost or pricing data.
    • Represented large defense contractor in seeking costs disallowed under a development contract.
    • Pursued claim for cost overruns and constructive changes on a Navy procurement.
    • Counseled on preparation of an agreement to sponsor a subcontractor claim against a federal agency.
    • Prevailed in obtaining relief for an employee’s breach of a non-compete agreement.
    • Defended and counseled contractors regarding supply chain disputes and subcontractor requests for equitable adjustment.

    Government Investigations

    • Conducted internal investigations for large defense contractors and non-profit grantees, evaluating allegations of misconduct relating to fraud, conflicts of interest, costs, and small business rules, among other issues.
    • Defended a federal investigation involving employee compensation cost allowability issues.
    • Defended defense contractor in parallel criminal and civil matters brought by the Department of Justice involving cost accounting fraud allegations.
    • Defended grantee in a civilian OIG investigation of cost allowability issues.
    • Helped companies respond to Suspension and Debarment Officials (SDOs) and successfully sought withdrawal of suspension/debarment notices.

    Bid Protests

    • Brought and defended bid protests at the Court of Federal Claims and Government Accountability Office regarding a wide range of issues, including technical evaluations; conflicts of interest; proposal non-compliance; sole-source procurements; rights in technical data; and procurement integrity.

    Areas of Expertise

  • Credentials
    Education
    • University of Pennsylvania Law School, J.D., 2015
        • magna cum laude
        • Order of the Coif
        • University of Pennsylvania Law Review, Senior Editor
    • University of California, Santa Barbara, B.A., 2011
        • Highest honors
        • Phi Beta Kappa
    Bar Admissions
    • District of Columbia
    • U.S. Court of Federal Claims
    • U.S. Court of Appeals for the Federal Circuit
    Judicial Clerkship
    • Hon. Charles F. Lettow, U.S. Court of Federal Claims, 2015 - 2016

    Areas of Expertise

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