EDUCATION

December 1981, J. D. magna cum laude, Cleveland Marshall College of Law, Research Editor, Cleveland State University Law Review 1972, A.B. History with Honors, June 1972, Oberlin College

PROFESSIONAL HISTORY

2008- Present Owner, Michael A. Gordon PLLC

Performing extensive work in government contract litigation and counseling with particular emphasis on claims, termination litigation and bid protest actions; has appeared before the United States Federal Court of Claims, various Boards of Contract Appeals, various United States District Courts, the United States Court of Appeals for the Federal Circuit, and the United States General Accounting Office.

1991 – 2007 Partner, Holmes & Gordon

Performing the government contract oriented work described above

1985-1990 Trial Attorney, Jones Day, Reavis & Pogue, Washington, D.C.

Litigation and counseling in the firm’s specialized government and commercial contracts section; Jones Day had 2,000 lawyers in 16 national and international offices; it was the largest centrally managed law firm in the world.

1983-1985 Trial Attorney, U.S. Department of Justice, Civil Division, Commercial Litigation Branch, Washington, D.C.

1982-1983 Clerk to Judge James F. Merow, Judge, U.S. Claims Court.

PROFESSIONAL ACTIVITIES

Lecturer and Author, Federal Publications Inc., Courses on Government Contracts Law:

Concentrated Course

Government Contract Claims

Terminations for Default and Convenience

Subcontracting Strategies for Primes and Subs

Government Contract Compliance: Preventing Fraud Allegations

Preparing and Defending Government Contract Claims

Advanced Federal Procurement Issues for Managers and Attorneys

Lecturer, The George Washington University Law School, Government Contracts Program:

Advanced Teaming Agreements

Lecturer, National Contract Management Association:

Source Selection

Solicitations/Bids and Proposals, A Team Effort

Managing Contract Claims

Subcontracts, Government and Industry Issues

SELECTED PROFESSIONAL ACCOMPLISHMENTS

Dismas Charities, Inc., v. U.S., 77 Fed. Cl. 59 (2007)

Lead counsel in successful defense of award involving challenge to zoning approvals.

J.A. Farrington Janitorial Services, Inc., B-296785, 2005 CPD ¶187

Lead counsel in successful protest of best value evaluation involving challenge to price reasonableness evaluation.

Ashe Facility Services, Inc., B-29221S3-4, 2004 CPD 80

Lead counsel in successful protest of best value evaluation involving price realism evaluation.

SDS International, Inc. v. United States, 55 Fed.Cl. 363 (2003)

Lead counsel in successful defense of past performance evaluation involving experience of key personnel.

Dynamic Concepts, Inc. v. U-Tech Services Corp., No. 99-1260 (D.D.C. 2000)

Lead counsel for Defendant in successful motion to transfer case from Federal District Court where Plaintiff resided based on lack of personal jurisdiction based on lack of minimum contacts in contract termination case.

Meridian Management Corporation; Johnson Controls World Services, Inc., Comp. Gen. B-281287.10-.11 (2000)(redacted decision unpublished)

Lead counsel in successful bid protest following a hearing before the U.S. General Accounting based on agency’s failure to properly evaluate technical proposals.

The Boeing Company v. Reflectone, Inc.,Civ. No. 00-CV-1039 (E.D.Pa. 2000)

Lead counsel for Defendant in successful settlement involving multi-million dollar subcontract termination claims.

RAMCOR Services Group v. United States, 185 F.2d 1286 (Fed. Cir. 1999)

Lead counsel in successfully reversing Court of Federal Claims’ dismissal for lack of subject matter jurisdiction of Equal Access to Justice Act application following successful protest of an agency’s improper override of the automatic stay provisions of the Competition in Contracting Act.

Cubic Applications, Inc. v. United States and Logicon RDA, 37 Fed. Cl. 339 (1997)

Lead counsel in successful defense of contract award alleged to be void ab initio in the first case decided under court's new post-award protest jurisdiction.

Cincinnati Electronics Corporation v. United States, Fed. Ct. Cl. No. 90-3866C (settled November 1996)

Lead counsel in favorable settlement of multi-million dollar government and contractor claims under default termination, termination for convenience, and changes clauses.

Logicon, Inc. v. Department of the Air Force, and Lockheed Missiles & Space Company, Space System Division, GSBCA No. 12703-P, 94-1 BCA ¶ 26,667 (1994)

Lead counsel in successful bid protest of major software procurement, which resulted in award to client of $681 million contract.

AREAS OF PARTICULAR EXPERTISE

Bid Protest Litigation and Counseling

Court of Federal Claims, BCA and Federal Circuit Litigation

Equitable Adjustment Claims Analysis and Resolution

Federal District Court Litigation of Federal Prime-Sub Disputes

Government Contract Compliance/Organizational Conflicts Counseling

Termination for Convenience and Default Claims

Truth in Negotiations Act Counseling

Construction Litigation and Counseling

Inspection and Quality Assurance Disputes

Suspension and Debarment Counseling and Litigation

Facility and Security Clearance Counseling