Overview

Jeremy Burkhart is an experienced government contracts attorney in Holland & Knight's Tysons office. He focuses his practice on litigation, counseling, mergers and acquisitions (M&A) and negotiating with the federal government. 

Mr. Burkhart leverages his significant experience in all aspects of government contracting, his 12 years of military experience and a vast network to solve his clients' problems. He provides counsel and representation on all government contract matters, including claims, subcontracts and teaming agreements, U.S. Small Business Administration (SBA) compliance requirements and size and status protests, and suspension and debarment. He is extremely well versed in prosecuting and defending bid protests, whether before the U.S. Government Accountability Office (GAO), U.S. Court of Federal Claims, Federal Aviation Administration's Office of Dispute Resolution for Acquisition (ODRA) or at the agency level. Mr. Burkhart has litigated more than 100 bid protests. He also has significant knowledge of the issues facing government contractors engaged in M&A and has represented several dozen clients in the closing of such deals, as well as post-transaction matters such as novations.  

In addition, Mr. Burkhart has particular experience representing clients across the spectrum of the Defense Industrial Base (DIB). This includes advising on the submission of white papers and proposals, as well as negotiating the terms of Technology Investment Agreements and Other Transaction Authority (OTA) Agreements. These agreements are not subject to the traditional rules applicable to government contracts (the Federal Acquisition Regulation), and Mr. Burkhart utilizes this to protect his clients' intellectual property (IP) and data rights.  

As a former agency counsel, Mr. Burkhart has substantial experience advising contracting officials and understands the government's priorities and concerns. He leverages this insight to craft strategies that successfully resolve clients' issues while preserving positive business relationships with government customers. A trusted counselor to many, he has advised Fortune 500 companies, federal government contracting officers and senior military officers. 

Prior to joining Holland & Knight, Mr. Burkhart served on active duty in the U.S. Army as a judge advocate general (JAG) for nine years, where he advised U.S. Department of Defense (DOD) officials on significant government acquisitions and regularly served as lead counsel in high-stakes litigation, including several jury trials. Mr. Burkhart is a veteran of the Afghanistan war and continues to serve in the U.S. Army Reserve.

Representative Experience

  • Negotiated a 0 percent cost share for a defense contractor on a Technology Investment Agreement (TIA) with the U.S. Air Force; the U.S. Department of Defense Grant and Agreement Regulations (DoDGARs) directs a 50 percent recipient cost share
  • Negotiated data rights for a client in a $300 million Other Transaction Authority (OTA) agreement with the U.S. Department of Defense (DOD), limiting the government to Government Purpose Rights (GPR) in the funded deliverables

  • Represented a defense contractor in a U.S. Government Accountability Office (GAO) bid protest challenging the award of a classified contract to a competitor; based on the arguments he raised in the protest, the agency took corrective action by reevaluating proposals, ultimately reversing its award decision and selecting the client for award; Mr. Burkhart then successfully defended the client as an intervenor in a protest filed by the competitor, securing award to the client 
  • Represented a company in a protest before the GAO challenging an award made by the Defense Intelligence Agency; not only was the protest sustained and the agency required to re-evaluate proposals, but the GAO also directed the agency to pay for the protester's costs and attorney's fees
  • Represented an awardee in defending against a bid protest before the GAO that challenged a U.S. Department of Labor award; collaborated with the agency on a request to dismiss that resulted in the dismissal of the protest within 10 days after it was filed
  • Represented the intervenor (awardee) before the U.S. Court of Federal Claims in a protest challenging the award of a U.S. Citizenship and Immigration Services (USCIS) task order; submitted a motion to dismiss that resulted in the protest's dismissal and the awardee beginning performance of the contract

  • Represented a private equity firm in the $300 million equity purchase of a government contractor
  • Represented a cybersecurity and data analytics firm in its $250 million sale to a private equity firm, along with subsequent reorganization'

  • Successfully defended a women-owned small business (WOSB) against a status protest, preserving the company's WOSB status and securing its $20 million award
  • Helped a client obtain approval of a mentor-protégé agreement within 24 hours by corresponding with U.S. Small Business Administration (SBA) officials; agreement was necessary for the company to submit its proposal, which was due in two days

  • Successfully appealed a lessor's termination by the U.S. General Services Administration (GSA) on a federal lease, winning summary judgment on the issue of entitlement at the U.S. Court of Federal Claims, and thereafter negotiating a favorable monetary settlement for the client
  • Obtained relief for a lessor when the GSA attempted to improperly terminate a lease early; appealed the lease contracting officer's decision to the Civilian Board of Contract Appeals (CBCA); based on the strength of the complaint, GSA withdrew the partial termination

  • Litigated a five-day hearing before the Armed Services Board of Contract Appeals (ASBCA) on an appeal of a termination for default of a $32 million contract for the construction of an aircraft hangar; the case involved issues of delay, critical path and differing site conditions, as well as multiple expert witnesses
  • Filed a claim to upgrade a client's "marginal" rating in the Contractor Performance Assessment Reporting System (CPARS); after reviewing the claim, the contracting officer submitted a new evaluation in the CPAR system that included all "very good" and "exceptional" ratings
  • Represented a small business contractor in responding to a letter of concern from the U.S. Department of the Navy's Suspension and Debarment Official; utilizing his experience advising on hundreds of DOD investigations, including investigations by the Defense Criminal Investigative Service (DCIS), Mr. Burkhart persuaded the Navy to take no action against the company    

Credentials

Education
  • University of Akron School of Law, J.D., cum laude
  • John Carroll University, B.S., Economics, cum laude
Bar Admissions/Licenses
  • Ohio
  • Virginia
Court Admissions
  • U.S. Court of Federal Claims
Memberships
  • American Bar Association, Section of Public Contract Law, Bid Protest Committee, Vice Chair, 2020-Present
  • American Bar Association, House of Delegates, Delegate At Large, 2021-Present
Honors & Awards
  • Holland & Knight Pro Bono All-Star, 2021, 2022

Publications

Speaking Engagements

News