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This content is provided by Jonathan Shaffer.

Practice Areas

Litigating government contract and construction disputes in federal and state courts around the country for more than 25 years, Mr. Shaffer’s government contracts practice has included bid protests, organizational conflicts of interest, personal conflicts of interest, preparation of requests for equitable adjustments and claims, small business issues, resolution of prime-subcontract disputes, prosecution of contract appeals before Boards of Contract Appeals, alternative dispute resolution, review of prime contracts and subcontracts, Freedom of Information Act matters, contractor responsibility and integrity issues, Buy America Act issues, terminations, defective pricing, debarment and suspension, data rights and IP claims, task order contracting, commercial products and schedule contracts, cost and pricing issues, and audits and investigations. His construction practice includes bid protests, arbitrations and mediations, preparation of requests for equitable adjustments and claims, review of prime and subcontracts, resolution of prime subcontract disputes, joint venture agreements, Miller Act claims, ADR, cost and pricing issues, design build and EPC contracting.

Professional Memberships

American Bar Association, Member, Public Contract Law Section; Section Council Member 2000-2003

Vice-Chair, Privacy, Security and Protection of Data Committee, 2006-2009

Co-Chair, Electronic Commerce Committee 2001-2005

Vice-Chair, Alternative Dispute Resolution Committee, 1999-2004

Vice-Chair, Bid Protest Committee, 1991-1995

Board of Contract Appeals Bar Association

National Contract Management Association

Publications

"But I Thought I Won: Procurement Cancellation Under the Virginia Public Procurement Act”, VBA Journal (Spring 2018);

"Establishing the Record in Court of Federal Claims Bid Protests", Briefing Papers 2d, No. 12-10 (September 2012);

"Enforcement of Arbitration Provisions", Conflict Management, American Bar Association Section of Litigation, Vol. 12, Issue 2 (Winter 2008);

"No Rest for the Weary: Bid Protests in Virginia", 55 Virginia Lawyer 26 (October 2006);

"Medicare Contracting Reform, New Opportunities New Risks", 83 Federal Contracts Report 598, The Bureau of National Affairs, Inc., June 21, 2005;

Contract Claims, The George Washington University National Law Center Government Contracts Program, 1992-2003;

"Feature Comment: Past Performance As An Evaluation Factor-Getting It Right", 41 Government Contractor 1 (January 6, 1999);

"The FAR Part 15 Rewrite," Briefing Papers 2d, No. 98-5 (April 1998);

“Past Performance as an Evaluation Factor in Federal Construction Procurements: The Changing Landscape”, Construct! (Summer 1998);

"Feature Comment - Source Selection Provisions of the FAR Part 15 Rewrite -- A Train Wreck Avoided," 39 Government Contractor 578 ( December 10, 1997);

"Challenges and Pitfalls in Drafting Arbitration Clauses", Construction Briefings, No. 97-3 (March 1997);

"The Equal Access to Justice Act: Has It Leveled the Playing Field in Actions Before the Boards of Contract Appeals?" 66 Federal Contracts Report 246, The Bureau of National Affairs, Inc., September 16, 1996;

"Feature Comment - Past Performance As An Evaluation Factor - Opening Pandora's Box," 38 Government Contractor 280, June 12, 1996;

Government Contract Claims, The George Washington University National Law Center Government Contracts Program, 1992-2001;

Chapters 8 and 9, Bid Protests, Bid Responsiveness, Bidder Responsibility and Mistakes in Bid, Construction Law Handbook (Aspen Publishers 1999);

Contributing Author: Public Assembly Facility Law (Government Contracts and Construction Disputes Chapters), International Association of Assembly Managers, 1998;

Program and Contract Changes, National Contract Management Association, National Education Seminar, 1996.