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David B. Dempsey

Government contracts Attorney at Tysons Corner, VA

5.0   3 reviews
  • State Years
    Virginia - VA 22 years
    Dist. of Columbia - DC 46 years
    South Carolina - SC 46 years
  • Licensed for 22 years
    State VA
    Acquired 2001
    Status
    Active No misconduct found
  • Licensed for 46 years
    State DC
    Acquired 1978
    Status
    Good Standing No misconduct found
  • Licensed for 46 years
    State SC
    Acquired 1977
    Status
    Good Standing No misconduct found

We have not found any instances of professional misconduct for this lawyer.

About David

Learn David’s areas of practice.

2
Practice areas
  1. Government contracts
    80%
    areas include rights in technical data and computer software (and accompanying protection of contractor intellectual property strategies and licensing); export control compliance and planning (EAR, ITAR); international transactions (contract formation, negotiation, administration, arbitration, litigation); DCAA audits; cost principles; Cost Accounting Standards; contract pricing and price adjustments; information technology contracts; research & development contracts; etc.

    46 years

  2. Litigation
    20%
    My litigation is limited to litigation in the context of government contracts. This involves bid protests at the GAO, the Court of Federal Claims, the FAA as well as claims before the Boards of Contract Appeals or Court of Federal Claims. This also includes subcontract litigation or arbitration between prime and subs.

    46 years

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).

Photos and videos

Location

David B. Dempsey, Attorney At Law
8133 Leesburg Pike
Suite 500
Tysons Corner, VA, 22182

Government Contracts lawyers nearby

Reviews

5.0 / 5.0
  3 customer reviews
5 Star
 
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Posted by Susan | April 23, 2015
Reliable, dependable and knowledgeable
I am responsible for contracts for a defence contractor. We sell to the US Governemnt through several different channels. I have had the pleasure of working with David on small and large projects. David is very responsive and provides logical solutions to complex issues. I would highly recommend David for guidance through the complex world of the FAR and DFAR.
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Posted by Whitney | April 22, 2015
Whitney E. Harris, Vice President and Founder, The Espy Corporation
Espy is a small closely held private company based in Austin, Texas providing advanced Radio Frequency (RF) monitoring, direction finding and analysis products and related services to commercial and governmental entities. David has been counsel and a trusted adviser for Espy since 2002 for all matters related to US Government contracts (FAR, DFAR with emphasis on IP rights), foreign contracts as well as export compliance. On a number of occasions, David has helped Espy mitigate difficult commercial IP rights issues in US Government contracts without resorting to litigation. David has provided exceptional guidance and a work product in support of Espy’s US Government and foreign business development.
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Posted by Harry | April 1, 2015
Harry Gatanas, BG USA (Ret) and former EVP Serco Americas
David provided counsel to me as part of a proxy board and also was my counsel when I was a CEO of a small business. He also provided counsel when I was part of a large public company running its defense business. He is hands down the best government contracts attorney I have ever worked with in the private sector. He is creative, can be risk averse or aggressive depending on the issue. Whether it's contract protest actions, Foreign Ownership issues, organizational conflicts of interest, about employment law issues, as well as ITAR actions, he is totally expert and deliberate with his counsel.
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Cost

Rates
  • Hourly Rates $ 475-475 per hour
Payment methods
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Resume

AVVO RATING 9.7 (Superb)

Work Experience

  • Partner
  • Dempsey Fontana, PLLC
  • 2012 - Present
  • Partner
  • Blank Rome LLP
  • 2011 - 2011
  • Partner
  • Holland & Knight LLP
  • 2001 - 2010

Education

  • University of South Carolina School of Law
  • JD - Juris Doctor
  • 1977
  • Amherst College
  • BA - Bachelor of Arts
  • 1972

Associations

  • Professional Services Council
  • Member
  • 2003 - Present
  • Federal Bar Association, International Procurement Committee
  • Co-chair
  • 2002 - 2002
  • Council of Defense & Space Industry Associations
  • Member, Operations Committee
  • 1994 - 2012
  • Contract Services Association
  • General Counsel
  • 1990 - 2007
View all associations

Languages Spoken

  • English

Honors and Awards

  • Selectee
  • Marquis Who's Who in the World
  • 2016
  • Selectee
  • Marquis Who's Who in American Law
  • 2016
  • Selectee
  • Who's Who in America
  • 2015
  • Washington D.C. & Baltimore Top Rated Lawyers
  • American Lawyer Media and Martindale-Hubbell
  • 2015
  • Selectee
  • Who's Who in American Law
  • 2015
  • Selectee
  • Who's Who in the World
  • 2015
  • Washington, D.C. and Baltimore’s Top Rated Lawyers
  • American Lawyer Media and Martindale-Hubbell
  • 2014
  • Selectee
  • Who's Who in America
  • 2014
  • Selectee
  • Who's Who in America
  • 2013
  • Top Rated Lawyers in Technology
  • American Lawyer Media and Martindale-Hubbell
  • 2013
  • Virginia’s Top Rated Lawyers
  • American Lawyer Media and Martindale-Hubbell
  • 2013
  • Selectee
  • Who's Who in America
  • 2012
  • Selectee
  • Who's Who in American Law
  • 2001
  • Selectee
  • Who's Who in American Law
  • 2001
  • Selectee
  • Who's Who in America
  • 1996
  • Selectee
  • Who's Who in America
  • 1995
  • Selectee
  • Who's Who In American Law
  • 1993
  • Selectee
  • Who's Who In American Law
  • 1991
  • Selectee
  • Who's Who of Emerging Leaders in America
  • 1987
  • Selectee
  • Who's Who in the World
  • 1986
View all awards

Publications

  • Law360.com
  • Be Aware: DCAA Audits Likely to Increase
  • 2013
  • Federal Compass
  • So You Want to Get into FedBiz? - A Cautionary Dialogue
  • 2010
  • Service Contractor Magazine
  • New Rules for Contractors Performing in Overseas "Designated Operational Areas:" What You Need to Know
  • 2008
  • Service Contractor Magazine
  • Liability for Health & Welfare: Cost Increases Experienced by Defined Benefit Plans
  • 2005
  • Service Scope Issue Brief
  • Fraud: The "F Word" in Government Contracting
  • 2005
  • The Metropolitan Corporate Counsel
  • National Security Issues in Cross-Border Mergers, Acquisitions, and Joint Ventures
  • 2004
  • The Metropolitan Corporate Counsel
  • Impact of the President’s Proclamation of a National Emergency on Contracting with the Federal Government
  • 2002
  • The Clause - Boards of Contract Appeals Bar Association
  • Computer Related Exemptions under the Service Contract Act
  • 2002
  • Proposal Management
  • Best Value Proposals Under OMB Circular A-76
  • 2001
  • Contract Management
  • Are You Properly Evaluating Your MEO
  • 2001
  • Outsourcing & Privatization Forum
  • Contracting Out Under OMB circular A-76 / Best Value Selection
  • 2000
View all publications

Speaking Engagements

  • Numerous conferences
  • Too many to list
  • N/A

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Tysons Corner Government contracts Lawyer David B. Dempsey
David B. Dempsey
Government contracts Attorney
Tysons Corner, VA
Licensed for 46 years