David B. Dempsey

David B. Dempsey is co-founder and partner at Dempsey Fontana, PLLC, with over 38 years of experience in procurement laws, regulations and policies pertinent to contracting with federal and state agencies as well as their international counterparts. His areas include rights in technical data and computer software (and accompanying protection of contractor intellectual property); DCAA audits; cost principles; Cost Accounting Standards; contract pricing and price adjustments; information technology contracts; research & development contracts; architect & engineering contracts; federal grants and audits; foreign contracting (e.g., Buy American Act, NATO MOUs, Trade Agreements Act, NAFTA, WTO Government Procurement Agreement, SOFAs, EU procurement, Recovery Act); contingency contracting (e.g., operations in Iraq/Afghanistan); organizational conflicts of interest; small business issues (size appeals, affiliation, SBIR regulations); contract terminations; change order proposals, change order accounting and equitable adjustments; GSA / VA Schedule contracting; contract types (e.g., IDIQ, T&M, cost reimbursement); international transactions (contract formation, negotiation, administration, arbitration, litigation); teaming agreements and joint ventures (including subcontract issues and negotiations); procurement related labor statutes (e.g., Service Contract Act, Defense Base / War Hazards Act, Davis-Bacon Act, Fair Labor Standards Act exemptions); corporate ethics / compliance; industrial security compliance (NISPOM); foreign military sales/foreign military funding, export control compliance and planning (EAR, ITAR); federal, state and local outsource and privatization contracting; Freedom of Information Act strategies; bid protests and contract disputes litigation in all forums; suspension / debarment. ACTIVITIES AND AFFILIATIONS Mr. Dempsey was appointed to the Federal Advisory Committee to the Department of Defense (the "§ 807 Committee" established under Pub. L. 102-109, § 807) to revise the Defense Department's guidance and contract clauses regarding technical data and computer software rights (1992-95). In the procurement community, Mr. Dempsey is involved with the Professional Services Council, Council of Defense & Space Industry Associations (Operations Committee, Chair 1997-2000; Project Officer for the FAR 15 Rewrite). He was General Counsel to the Contract Services Association prior to its merger with the Professional Services Council (1990-2007; Chair, Procurement Committee, 1995-98). Over the years, his articles have appeared over 40 times in such industry publications as Service Contractor, Service Scope, The Metropolitan Corporate Counsel, Contract Management, E-Gov Journal, Proposal Management, The Clause, Outsourcing & Privatization Forum, National Contract Management Journal, Contract Management Magazine, Government Contract Costs, Pricing, and Accounting Report, The Government Contractor, and the Public Contract Law Journal. He is a member of the American Bar Association (Public Contract Law; Law and Technology Sections); the Federal Bar Association (co-Chair, International Procurement Committee, 2002); the Court of Federal Claims Bar Association; and the Boards of Contract Appeals Bar Association. Mr. Dempsey's government experience includes: Assistant Counsel, Defense Logistic Agency; Associate Counsel, Defense Fuel Supply Center, and Attorney-advisor, Defense Logistics Agency; Counsel, DAR Council Subcommittee on Cost Principles (1981-82); Chair, DAR Council Subcommittee on Foreign Purchases (principal author for DFARS Part 25, Foreign Acquisitions for the implementation of NATO MOUs and Trade Agreements Act of 1979 (1978-80)). Mr. Dempsey was selected by American Lawyer Media and Martindale-Hubbell as one of the “Top Rated Lawyers in Technology” (April 2013); as one of “Virginia’s Top Rated Lawyers” (October 2013); as one of “Washington, D.C. and Baltimore’s Top Rated Lawyers” (February 2014) and identified by ALM / Martindale-Hubbell as having an “AV Preeminent” peer review rating (March 2013). He has also been selected by Marquis Who’s Who as follows: Who's Who in American Law (1991, 1993, 2001, 2015-2016); Who's Who in America (1995, 1996, 2012, 2013, 2014); Who’s Who in the World (1986, 2014); Who's Who of Emerging Leaders in America (1987); Who's Who in the East (1994).