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PilieroMazza PLLC.

Samuel S. Finnerty

Associate

Washington, DC

202.857.1000

sfinnerty@pilieromazza.com

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Bio

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Sam represents commercial businesses in a wide range of government contracting and litigation matters. His practice includes representing federal contractors in bid protests before GAO and COFC and in size and status protests before SBA. He is experienced in government contract disputes and business torts. Additionally, he advises clients on matters of regulatory compliance arising under the FAR and SBA regulations, including recertification, CPARS, security clearances, implementing affiliation mitigation or avoidance plans, and maintaining size and socio-economic status. As a member of PilieroMazza’s Claims & Appeals Team, Sam counsels clients on claims, appeals, and REAs.

In 2018, 2019, and 2020, Super Lawyers® recognized Sam as a “Rising Star” for his work with government contractors. He also earned JD Supra Readers’ Choice Top Author 2020 Award as one of their top 10 authors in government contracting.

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Related Practice Areas

  • Government Contracts
  • Litigation & Dispute Resolution
  • Government Contract Claims & Appeals

Related Industries

  • Construction Industry Team

Representative Matters

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Representative Experience

Government Contracts:

  • Litigates bid protests before federal agencies, the Government Accountability Office (GAO), and the U.S. Court of Federal Claims (COFC)
  • Pursues and defends both size and socio-economic status protests before the U.S. Small Business Administration (SBA) and its Office of Hearings and Appeals (OHA)
  • Prosecutes government contractor claims under the Contract Disputes Act (CDA) at the COFC and the Boards of Contract Appeals (ASBCA and CBCA)
  • Negotiates requests for equitable adjustment and other payment and contract related disputes, including those pertaining to past performance evaluations (i.e., CPARS)
  • Prepares novation and change of name agreements to facilitate the transfer of government contracts

Small Business Programs & Advisory Services:

  • Drafts subcontracts and mentor-protégé, joint venture, and teaming agreements
  • Advises on compliance with the Federal Acquisition Regulation (FAR) and SBA regulations, including those pertaining to recertification and re-representation
  • Counsels growing government contractors on how to maintain small business size status and mitigate and avoid affiliation

Litigation:

  • Represents large corporations and small businesses in state and federal courts, arbitration, mediation, and before administrative bodies in labor and employment, appellate, corporate, and general litigation matters
  • Drafts all matter of pleadings in federal and state court at the trial and appellate level

Representative Cases

  • Successfully protested U.S. Air Force award where the awardee’s proposal failed to meet the material requirements of the solicitation. See CR/ZWS LLC, B-414766.2 (Sept. 13, 2017)
  • Successfully protested U.S. Army award where agency failed to conduct meaningful discussions and its best value tradeoff decision was not reasonably based. See Mevacon-Nasco JV, B-414329 (May 11, 2017)
  • Successfully defended a favorable size determination against allegations of general and ostensible subcontractor affiliation. See Size Appeal of Inquiries, Inc., SBA No. SIZ-6008 (2019)
  • Successfully defended a favorable size determination where the appellant alleged, among other things, a violation of SBA’s joint venture regulations.See Size Appeal of Glob. Dynamics, LLC, SBA No. SIZ-6012 (2019)
  • Successfully appealed the SBA’s decision to deny a government contractor entry into its 8(a) Business Development Program. See Management Solutions, LLC, SBA No. BDPE-2017-09-07-09 (2017)
  • Successfully protested a government contract awardee’s Historically Underutilized Business Zone (HUBZone) status
  • Successfully argued and won a motion to dismiss in the Circuit Court for Prince George’s County, Maryland on behalf of a government contractor that had been sued by a former employee for breach of contract, intentional and negligent infliction of emotional distress, wrongful termination, and violation of civil rights
  • Won a judgment in favor of a government contractor that had been sued by a former teaming partner for breach of contract and unjust enrichment wherein the American Arbitration Association (AAA) held that the teaming agreement was unenforceable and unjust enrichment was not available
  • Prosecuted an appeal for a government contractor at the ASBCA that resulted in a conversion of the contractor’s termination for default to a termination for convenience and increased CPARS
  • Obtained a temporary restraining order, preliminary injunction, and favorable settlement on behalf of a government contractor in a misappropriation of trade secrets case
  • Obtained a preliminary injunction enjoining an individual and corporate defendant from competing with a government contractor on a federal procurement in a misappropriation of trade secrets case
  • Successfully defended a Maryland corporation in an appeal for unemployment benefits before the Maryland Department of Labor, Licensing and Regulation
  • Successfully defended multiple requests for emergency equitable relief before the AAA

Insights

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Articles

  • BLOG: FAR Council Rulemaking Error Requires GSA Contractors to Qualify As Small at Time of Award for Certain Orders, The PM Legal Minute Blog, 05.06.20
  • Alert! FAR Council Changes Rules Regarding Small Business Rerepresentation/Recertification and Multiple Award Contracts (MACs), PilieroMazza Client Alert, 03.03.20
  • 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
  • Unique Considerations for Transactions Involving Government Contractors, 01.30.20
  • 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
  • SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know – Samuel Finnerty, Set-Aside Alert, 12.13.19
  • BLOG: Performance Anxiety: Five Questions from Government Contractors on Past Performance, The PM Legal Minute Blog, 12.13.19
  • This Just In! SBA’s Implementation of HUBZone Changes and Small Business Runway Extension Act Coming Soon, PilieroMazza Client Alert, 11.14.19
  • BLOG: This Just In! SBA’s Implementation of HUBZone Changes and Small Business Runway Extension Act Coming Soon, The PM Legal Minute Blog, 11.14.19
  • BLOG: How Government Contractors Can Take Advantage of CPARS Trends to Win (and Maintain) Federal Contracts, The PM Legal Minute Blog, 07.19.19
  • Challenging a Negative CPARS: What Remedies Are Available?, 06.21.19
  • BLOG: Challenging a Negative CPARS: What Remedies Are Available?, The PM Legal Minute Blog, 05.22.19
  • DoD Proposes to Apply Non-Manufacturer Rule to All 8(a) Contracts, The PM Legal Minute Blog, 04.05.19
  • Does SBA’s New Recertification Rule Apply to My Contract?, 03.29.19
  • Does SBA’s New Recertification Rule Apply to My Contract? Recent OHA Decision Provides Some Clarity, The PM Legal Minute Blog, 03.15.19
  • SBA Proposes Significant Changes to Its Small Business Regulations, The PM Legal Minute Blog, 12.07.18
  • The 2019 NDAA’s Impact on Small Business Programs, 09.21.18
  • The 2019 NDAA’s Impact on Small Business Procurement, The PM Legal Minute Blog, 08.29.18
  • SBA Amends Its Recertification Rules: Effectively Overturns Recent OHA Case, The PM Legal Minute Blog, 05.04.18
  • The Future is Here: GAO Bid Protests to Be Filed Electronically Starting May 1, 2018, The PM Legal Minute Blog, 04.13.18
  • Impact of Recent OHA decision on Size and Status Recertifications, 03.06.18
  • SBA’s Office of Hearings and Appeals Clarifies the (Not So Obvious) Effect of Size and Status Recertifications, The PM Legal Minute Blog, 02.21.18
  • Why Failing To Intervene In A Bid Protest Could Have Dire Consequences, The PM Legal Minute Blog, 12.06.17
  • Congress Targets VA Procurement Abuse: Seeks Enforcement of Limitations on Subcontracting Rule, The PM Legal Minute Blog, 06.30.17
  • House Proposes Broader Application of “VA Rule of Two” to Close Kingdomware Loophole, The PM Legal Minute Blog, 06.22.17
  • Congress Overturns Fair Pay Safe Workplaces: GOP Deregulation Continues, The PM Legal Minute Blog, 03.08.17

View More View Less

Events

  • WEBINAR: PCI Forum: Protecting Past Performance, Webinar, 07.24.20
  • WEBINAR: Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks, 06.08.20
  • WEBINAR: Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks, 05.13.20
  • SBA’s Proposed Rule Changes to 8(a) and Mentor-Protégé Programs, 12.05.19
  • WEBINAR: “Past Performance” of Government Contractors: Obtaining It, Using It, and Defending It, 10.29.19
  • Is “Satisfactory” the New “Unsatisfactory” CPARS Rating?, 07.18.19
  • “Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks”, Webinar, 04.17.19
  • VIP Webinar – SBA Proposes Significant Changes to Its Small Business Regulations, Webinar, 02.21.19
  • WEBINAR: SBA Proposes Significant Changes to Small Business Procurement: Will You Be Impacted?, Webinar, 01.16.19

View More View Less

News

  • PilieroMazza Adds Attorneys to List of Super Lawyers®, 05.07.20
  • JD Supra: PilieroMazza #1 for Government Contracts Legal Thought Leadership, 05.05.20

Honors

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Honors

Rated by Super Lawyers Rising Stars Samuel S. Finnerty SuperLawyers.com

District of Columbia Super Lawyers® Rising Star, Government Contracts, 2018-Present

JDSupra Readers' Choice Top Author 2020

Top Author, JD Supra Readers’ Choice Top Author 2020 Award.
JD Supra recognized Sam as one of their top 10 authors in government contracting from a field of more than 50,000 authors, over 1,500 of which published content pertaining to government contracting.

Bio Representative Matters Insights Credentials Honors

Sam represents commercial businesses in a wide range of government contracting and litigation matters. His practice includes representing federal contractors in bid protests before GAO and COFC and in size and status protests before SBA. He is experienced in government contract disputes and business torts. Additionally, he advises clients on matters of regulatory compliance arising under the FAR and SBA regulations, including recertification, CPARS, security clearances, implementing affiliation mitigation or avoidance plans, and maintaining size and socio-economic status. As a member of PilieroMazza’s Claims & Appeals Team, Sam counsels clients on claims, appeals, and REAs.

In 2018, 2019, and 2020, Super Lawyers® recognized Sam as a “Rising Star” for his work with government contractors. He also earned JD Supra Readers’ Choice Top Author 2020 Award as one of their top 10 authors in government contracting.

Read More Read Less

Related Practice Areas

  • Government Contracts
  • Litigation & Dispute Resolution
  • Government Contract Claims & Appeals

Related Industries

  • Construction Industry Team

Representative Experience

Government Contracts:

  • Litigates bid protests before federal agencies, the Government Accountability Office (GAO), and the U.S. Court of Federal Claims (COFC)
  • Pursues and defends both size and socio-economic status protests before the U.S. Small Business Administration (SBA) and its Office of Hearings and Appeals (OHA)
  • Prosecutes government contractor claims under the Contract Disputes Act (CDA) at the COFC and the Boards of Contract Appeals (ASBCA and CBCA)
  • Negotiates requests for equitable adjustment and other payment and contract related disputes, including those pertaining to past performance evaluations (i.e., CPARS)
  • Prepares novation and change of name agreements to facilitate the transfer of government contracts

Small Business Programs & Advisory Services:

  • Drafts subcontracts and mentor-protégé, joint venture, and teaming agreements
  • Advises on compliance with the Federal Acquisition Regulation (FAR) and SBA regulations, including those pertaining to recertification and re-representation
  • Counsels growing government contractors on how to maintain small business size status and mitigate and avoid affiliation

Litigation:

  • Represents large corporations and small businesses in state and federal courts, arbitration, mediation, and before administrative bodies in labor and employment, appellate, corporate, and general litigation matters
  • Drafts all matter of pleadings in federal and state court at the trial and appellate level

Representative Cases

  • Successfully protested U.S. Air Force award where the awardee’s proposal failed to meet the material requirements of the solicitation. See CR/ZWS LLC, B-414766.2 (Sept. 13, 2017)
  • Successfully protested U.S. Army award where agency failed to conduct meaningful discussions and its best value tradeoff decision was not reasonably based. See Mevacon-Nasco JV, B-414329 (May 11, 2017)
  • Successfully defended a favorable size determination against allegations of general and ostensible subcontractor affiliation. See Size Appeal of Inquiries, Inc., SBA No. SIZ-6008 (2019)
  • Successfully defended a favorable size determination where the appellant alleged, among other things, a violation of SBA’s joint venture regulations.See Size Appeal of Glob. Dynamics, LLC, SBA No. SIZ-6012 (2019)
  • Successfully appealed the SBA’s decision to deny a government contractor entry into its 8(a) Business Development Program. See Management Solutions, LLC, SBA No. BDPE-2017-09-07-09 (2017)
  • Successfully protested a government contract awardee’s Historically Underutilized Business Zone (HUBZone) status
  • Successfully argued and won a motion to dismiss in the Circuit Court for Prince George’s County, Maryland on behalf of a government contractor that had been sued by a former employee for breach of contract, intentional and negligent infliction of emotional distress, wrongful termination, and violation of civil rights
  • Won a judgment in favor of a government contractor that had been sued by a former teaming partner for breach of contract and unjust enrichment wherein the American Arbitration Association (AAA) held that the teaming agreement was unenforceable and unjust enrichment was not available
  • Prosecuted an appeal for a government contractor at the ASBCA that resulted in a conversion of the contractor’s termination for default to a termination for convenience and increased CPARS
  • Obtained a temporary restraining order, preliminary injunction, and favorable settlement on behalf of a government contractor in a misappropriation of trade secrets case
  • Obtained a preliminary injunction enjoining an individual and corporate defendant from competing with a government contractor on a federal procurement in a misappropriation of trade secrets case
  • Successfully defended a Maryland corporation in an appeal for unemployment benefits before the Maryland Department of Labor, Licensing and Regulation
  • Successfully defended multiple requests for emergency equitable relief before the AAA

Articles

  • BLOG: FAR Council Rulemaking Error Requires GSA Contractors to Qualify As Small at Time of Award for Certain Orders, The PM Legal Minute Blog, 05.06.20
  • Alert! FAR Council Changes Rules Regarding Small Business Rerepresentation/Recertification and Multiple Award Contracts (MACs), PilieroMazza Client Alert, 03.03.20
  • 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
  • Unique Considerations for Transactions Involving Government Contractors, 01.30.20
  • 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
  • SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know – Samuel Finnerty, Set-Aside Alert, 12.13.19
  • BLOG: Performance Anxiety: Five Questions from Government Contractors on Past Performance, The PM Legal Minute Blog, 12.13.19
  • This Just In! SBA’s Implementation of HUBZone Changes and Small Business Runway Extension Act Coming Soon, PilieroMazza Client Alert, 11.14.19
  • BLOG: This Just In! SBA’s Implementation of HUBZone Changes and Small Business Runway Extension Act Coming Soon, The PM Legal Minute Blog, 11.14.19
  • BLOG: How Government Contractors Can Take Advantage of CPARS Trends to Win (and Maintain) Federal Contracts, The PM Legal Minute Blog, 07.19.19
  • Challenging a Negative CPARS: What Remedies Are Available?, 06.21.19
  • BLOG: Challenging a Negative CPARS: What Remedies Are Available?, The PM Legal Minute Blog, 05.22.19
  • DoD Proposes to Apply Non-Manufacturer Rule to All 8(a) Contracts, The PM Legal Minute Blog, 04.05.19
  • Does SBA’s New Recertification Rule Apply to My Contract?, 03.29.19
  • Does SBA’s New Recertification Rule Apply to My Contract? Recent OHA Decision Provides Some Clarity, The PM Legal Minute Blog, 03.15.19
  • SBA Proposes Significant Changes to Its Small Business Regulations, The PM Legal Minute Blog, 12.07.18
  • The 2019 NDAA’s Impact on Small Business Programs, 09.21.18
  • The 2019 NDAA’s Impact on Small Business Procurement, The PM Legal Minute Blog, 08.29.18
  • SBA Amends Its Recertification Rules: Effectively Overturns Recent OHA Case, The PM Legal Minute Blog, 05.04.18
  • The Future is Here: GAO Bid Protests to Be Filed Electronically Starting May 1, 2018, The PM Legal Minute Blog, 04.13.18
  • Impact of Recent OHA decision on Size and Status Recertifications, 03.06.18
  • SBA’s Office of Hearings and Appeals Clarifies the (Not So Obvious) Effect of Size and Status Recertifications, The PM Legal Minute Blog, 02.21.18
  • Why Failing To Intervene In A Bid Protest Could Have Dire Consequences, The PM Legal Minute Blog, 12.06.17
  • Congress Targets VA Procurement Abuse: Seeks Enforcement of Limitations on Subcontracting Rule, The PM Legal Minute Blog, 06.30.17
  • House Proposes Broader Application of “VA Rule of Two” to Close Kingdomware Loophole, The PM Legal Minute Blog, 06.22.17
  • Congress Overturns Fair Pay Safe Workplaces: GOP Deregulation Continues, The PM Legal Minute Blog, 03.08.17

View More View Less

Events

  • WEBINAR: PCI Forum: Protecting Past Performance, Webinar, 07.24.20
  • WEBINAR: Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks, 06.08.20
  • WEBINAR: Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks, 05.13.20
  • SBA’s Proposed Rule Changes to 8(a) and Mentor-Protégé Programs, 12.05.19
  • WEBINAR: “Past Performance” of Government Contractors: Obtaining It, Using It, and Defending It, 10.29.19
  • Is “Satisfactory” the New “Unsatisfactory” CPARS Rating?, 07.18.19
  • “Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks”, Webinar, 04.17.19
  • VIP Webinar – SBA Proposes Significant Changes to Its Small Business Regulations, Webinar, 02.21.19
  • WEBINAR: SBA Proposes Significant Changes to Small Business Procurement: Will You Be Impacted?, Webinar, 01.16.19

View More View Less

News

  • PilieroMazza Adds Attorneys to List of Super Lawyers®, 05.07.20
  • JD Supra: PilieroMazza #1 for Government Contracts Legal Thought Leadership, 05.05.20

Education

  • George Mason University Antonin Scalia Law School, J.D., 2014
  • Saint Joseph’s University, B.S.B.A., 2011

Admissions

  • Virginia
  • District of Columbia
  • U.S. District Court, Eastern District of Virginia
  • U.S. Court of Federal Claims

Honors

Rated by Super Lawyers Rising Stars Samuel S. Finnerty SuperLawyers.com

District of Columbia Super Lawyers® Rising Star, Government Contracts, 2018-Present

JDSupra Readers' Choice Top Author 2020

Top Author, JD Supra Readers’ Choice Top Author 2020 Award.
JD Supra recognized Sam as one of their top 10 authors in government contracting from a field of more than 50,000 authors, over 1,500 of which published content pertaining to government contracting.

  • About Us
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Washington, DC
888 17th Street NW
11th Floor
Washington, DC 20006

202.857.1000

Boulder, CO
1881 9th Street
Suite 300
Boulder, CO 80302

303.501.1300

Annapolis, MD
1910 Towne Centre Boulevard
Suite 250
Annapolis, MD 21401

410.500.5551

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