James S. Phillips

James S. Phillip represents current and prospective federal contractors in a vast variety of federal contracting matters and arenas, including contract acquisition strategies, federal contract audits and investigations, effective federal compliance programs and effective partnering and teaming strategies.  In the course of his 35 plus year career, Jim also has extensive experience with traditional government contract legal work such as representing clients in bid protest proceedings, cost allowability reviews, contract disputes and suspension and debarment proceedings.  He also is highly experienced in assisting clients in establishing effective federal channel and distribution programs and agreements.

Jim frequently represents client engaged in Department of Veterans Affairs and Department of Defense healthcare contracting, where he represents manufacturers and resellers of Medical-Surgical products, manufacturers and distributors of pharmaceuticals, and manufacturers and resellers of prosthetic devices.  He regularly assists his clients in understanding and navigating the complex framework and mechanisms by which VA and DOD agencies establish and maintain formularies for such products, and manage and procure such products.  He also assists his client to engage effectively with DOD and VA Prime Vendors and other intermediaries.  He frequently directly represents clients in their engagement with all major VHA procurement organizations and program offices, as well as the VA’s Strategic Acquisition Center (SAC), National Acquisition Center (NAC) and Denver Acquisition and Logistics Center (DALC), and DOD’s Defense Health Agency and DLA Troop Support Command. 

Jim is a nationally known expert in both GSA and VA Federal Supply Schedules contracts and routinely represents both clients on complex negotiation and compliance issues arising under FSS contracts.  He is also highly knowledgeable and experienced with other federal interagency contract vehicles, including Alliant, STARS, SEWP, CIO-SP3 and OASIS as well as the most significant interagency contract vehicles.

In addition to his direct client representations, Jim is active in industry associations focusing on federal procurement law, including the ABA Public Contracts Section and the Coalition for Government Procurement.  

Highlights:

• Successfully resolved contract disputes and/or protests before every significant government contracts tribunal, including the United States Court of Federal Claims, the United States District Courts, the Armed Services Board of Contract Appeals, the Civilian Agency Board of Contract Appeals and the Government Accountability Office.
• Participated in and favorably resolved scores of contract audits as well Office of Inspector General audits and investigations on behalf of clients.
• Regularly assists with and resolves complex pricing and negotiation issues arising under both GSA and VA Federal Supply Schedule contracts.
• Regularly advises commercial companies on the establishment of systems and protocols for complying with federal unique requirements, including the FSS Price Reductions Clause.
• Successfully accomplished numerous internal investigations and mandatory disclosure submissions that resulted in clients being absolved of liability under the Federal False Claims Act.
• Successfully represented clients in proposed suspension and debarment proceedings.
• Extensive experience addressing performance and compliance issues related to medical product and pharmaceutical contracts awarded by both the VA and DLA.
• Far-reaching experience negotiating complex business agreements, including federal channel agreements, distribution and re-seller agreements, software licensing and royalty agreements, teaming and subcontracting agreements

Areas of Practice

• Litigation
• Government Contract Law and Compliance
• GSA and VA Schedules
• Healthcare Law
• Corporate Law

Bar Admissions

• Virginia
• District of Columbia, 1982
• District of Columbia Court of Appeals
• U.S. District Court for the District of Columbia
• U.S. District Court Eastern District of Virginia
• U.S. Court of Federal Claims

Education

• George Washington University Law School, Washington, District of Columbia
  • J.D. – 1982
• The University of Kentucky
  • B.A. – 1979

Classes/Seminars

• Featured speaker, NCMA World Congresses

Professional Associations and Memberships

• American Bar Association, Section of Public Contract Law
• The Coalition for Government Procurement