Donald C. Holmes

ARBITRATION, SPECIAL MASTER, MEDIATION

1. Served as a Special Master appointed by the United States Federal District Court for Cincinnati to resolve conflicting equitable adjustment construction claims in excess of $200 million for Foster Wheeler v. Fluor Fernald, Inc, United States District Court for Southern District of Ohio, Western Division; Case No. 1:02-CV-084
   
2. Arbitrator/three judge panel for claims and counter-claims of $20 million regarding construction renovation on the United States Naval Ship Harry Martin.
   
3. Lockheed/Air Force – served as an Independent Technical Expert to determine entitlement and quantum bases for $20 million of claims at issue. At the request of these two parties, interviewed witnesses, reviewed documents, and rendered advisory opinion in report with another Technical Expert aimed at causing a mediated solution to case before institution of litigation.
   
4. Resolved U.S. Justice Department civil claims of $12.5 million in competing claims by Government Agencies for refunds, and made presentations at multiple mediation sessions.
   

EXPERT WITNESS

1. TechDyn Systems Corporation, Chapter 11, Case No. 99-11706-SSM; Bankruptcy Court, Eastern District of Virginia, Alexandria Branch. Qualified and testified in court as Expert Witness regarding government contract administration and trade practices with particular emphasis on subcontractor management.
2. Aspen Knolls Corp., et al. v. McDermott, Will, & Emery, a law partnership, by its members, Civil Action No. 9388-96, Superior Court, District of Columbia. Testified as Expert Witness on government contract termination for convenience issues in construction litigation.

SELECTED PROFESSIONAL ACCOMPLISHMENTS

Mr. Holmes has devoted his entire professional career to litigation and counseling in the specialty of government and commercial contracts. The following is selected litigation in which Mr. Holmes was lead trial counsel:

1. Libby Welding Co., ASBCA 15084, 73-1 BCA ?Y?L 9859. Determined that the absence of a certificate defeated liability under the Truth in Negotiation Act. Congress then changed the Law.
2. Gould, Inc., ASBCA 16869, 75-1 BCA ?Y?L 11,534. Set limits on the government's right to claim deductive changes in performance specification situations.
3. Electronic Data Systems Federal v. United States, 629 F.Supp. 350 (D.D.C. 1986); 792 F.2d 1569 (Fed. Cir. 1986). A series of cases in which the General Services Administration Board of Contract Appeals was enjoined from proceeding with a complex case, which was sustained on writ of mandamus proceeding by the Court of Appeals for the Federal Circuit. Congress then changed the Brooks Act as a result of this case.
4. Standard Mfg. Co. v. United States, 7 Cl.Ct. 54 (1984) On preliminary injunction, case of first impression, Claims Court held that it had jurisdiction to grant injunctions in attempted sole-source solicitations, even though no bids or proposals submitted.
5. Ship Tanker Litigations. (1979-1983) Commercial contract suits and countersuits in Federal District Courts in Richmond, Virginia and Houston, Texas, involving over $500,000,000 in claims by Newport News Shipbuilding, El Paso Natural Gas, and Shell Oil. Settled favorably on the eve of trial after massive discovery and trial preparation in which over 200 witnesses were prepared to testify.
6. Hazeltine Corporation v. United States, U.S. Claims Court, filed August 8, 1989, Civil Action No. 425-89C. Attorney of record in prosecuting $67,000,000 in affirmative construction and supply extra work claims against the FAA, and defending against default termination. Favorably resolved after discovery phase of case.
7. B.F. Goodrich Co. v. United States, U.S. Claims Court No. 739-86C. Attorney of record in defending $4,500,000 latent defect claims by U.S. Air Force relating to F-111 aircraft system. Resolved after discovery.
8. Newport News Shipbuilding Company, Claims and Litigations, including:

   a.	Lead counsel in prosecution of $25,000,000 of equitable adjustment proposals pending before the U.S. Navy for a flight of seven nuclear attack submarines.
   b.	Co-counsel in District Court action, which enjoined U.S. Navy from purchasing "Sea Wolf" submarine from Electric Boat, a division of General Dynamics Corporation.
   c.	Lead outside litigation counsel for defense of numerous major subcontractor suits in Federal District Courts and state courts. (1994 - 2000)
   d.	Lead counsel in prosecution of $150,000,000 equitable adjustment proposals for two Sealift pre-positioning ships.

9. AT&T Communications, Inc. Outside litigation counsel for computer automation contract issues. U.S. Court of Federal Claims No. 97-510C; government telecommunications dispute. (1997-1998)
10. American Automar v United States, U.S. D.Ct., Md. Case No. PJM 04-CV-2989, 2005. Recovery on multi-million dollar claims for incorrect option exercise.

TEACHING, LEGAL RESEARCH, AND BAR ASSOCIATION ACTIVITIES

1. ABA, Public Contract Law Section, Vice Chairman, Judicial Remedies Committee. (1986 to 1989.)
2. Visiting lecturer in law, George Washington University Law School Government Contracts Program. (1979 to 1999.)
3. Visiting Lecturer in Government Contract Law, University of Iowa Law School. (Spring 1998 to 2004.)
4. Lecturer, Federal Publications, Courses on Government Contracts Law (1973 to present), including:
   

   Advanced Termination for Convenience

   Subcontracting

   Government Contract Claims

   Advanced Procurement for Lawyers and Executives

   Government Contract E-Commerce Problem Prevention

   Government Contract Compliance Issues

5. Founding member of the Contract Research and Analytic Institute (CRAI). On a not-for-profit basis, that institution is publishing a series of research texts and monographs on topics involving commercial and government contracting. Work is being done in conjunction with Federal Publications and the University of Iowa Law School.
6. Partner in Courses and Instructions, which provides instructional activities to elements of U.S. corporations on improvements to their contracting approaches. (1991 to present.)
7. Conducts seminars for the public sector. For example, presentation of a course for the Air Force Trial Attorney's Office and the Air Force Office of Special Investigations on Federal Government fraud, waste, and abuse issues.

BOOKS AND TRAINING MANUALS

The following texts have been produced by Mr. Holmes in conjunction with his ongoing leadership role in the Contract Research and Analytic Institute since its inception in 1996:

1. Preparing and Defending Government Contract Claims - This text contains a comprehensive explanation of the Federal Government contract and subcontract claims process. It reviews the individual bases that exist for construction, supply, and service claims, and the expected government defenses to each. (245 pages)
2. Prime-Subcontract Claims and Performance Disputes under Federal Contracts - This text covers the most frequent issues arising in performance disputes between prime contractors and subcontractors. It shows methods for dispute avoidance, and solutions to performance problems the prime-subcontract relationship creates. (250 pages)
3. Cost Reimbursement Contract Decision Making: Understanding the Complex Contract and Political Issues - This text provides an approach to dealing with cost type contracts at the Federal level (as well as for subcontractors and commercial contractors). It explains the most common legal and political errors that prime contractors make, and discusses structuring contract administration methods for proper performance of a cost type contract. (77 pages)
4. New Developments in Government Contract Compliance: Preventing Fraud Allegations - This is a text which provides a great deal of practical information on setting up and administering federal (and state or subcontract) compliance programs to insure that all governmental requirements are met. (612 pages)
5. Problem Prevention in B2B e-Commerce for Government and Commercial Contractors - This course explores the new field of B2B activities between commercial contractors and the Federal Government. It is not a technical course; it focuses on prevention of legal and contractual problems in the automation of business transactions. (217 pages)
6. Advanced Federal Procurement Issues for Managers And Attorneys - This text covers the most frequently raised issues in the Federal Government contract procurement and administration process. It explains common mistakes that contractors make, and how to properly approach the process. (260 pgs)

SELECTED ARTICLES

1. Maximizing Cost Recovery in Convenience Terminations, West?fs Cost, Pricing and Accounting Report, Issues 89-7 and 90-3 (Parts I and II, 1989 and 1990)
2. Researching Government Contract Law, 10 Public Contract Law Journal 53. (1978)
3. Vinson-Trammell Act Profit Limitations, Federal Publications Briefing Papers #77-6. (1977)
4. Renegotiation Procedures, Federal Publications Briefing Papers #73-4 (1973)
5. Progress Payments to Government Construction Contractors Under the Standard Form, 35 George Washington University Law Review 962 (1967)

BAR MEMBERSHIP

Admitted by Examination:

Maryland – 1968

District of Columbia – 1968

California – 1989

PRO BONO ACTIVITIES

Mr. Holmes believes strongly in the need for practicing attorneys to provide competent, specialized representation to individuals, and small businesses that cannot afford it. His activities include the following:

1. Representation of numerous small businesses before federal agencies at reduced or no fee, in resolution of contract disputes (grass cutting company, steam cleaning company, small machine shops, etc.).
2. Successful defense of mortgage foreclosure action against indigents' homes in the District of Columbia. Obtained a temporary restraining order and then won a preliminary injunction trial in D.C. Superior Court.
3. Representations in connection with support payment and divorce for indigent women.

PERSONAL BACKGROUND

Born 1943, Washington, D.C.; married; two children.
Interests include historical literature, farming, sailing, and woodworking.

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