Representative Experience

Frank advises government contractors and commercial clients seeking to do business with the federal government on wide-ranging procurement law issues, including both pre-award and post-award bid protests, Buy American and related domestic preference and sourcing issues, supply chain management, data rights and intellectual property issues, cybersecurity, false claims, defective pricing, organizational conflicts of interest (“OCIs”), contractor claims, contract administration issues, debarment/suspension, commercial item procurements, contractor codes of business ethics and conduct, small business subcontracting, small business set-aside issues and protests of small business size status, and cost accounting matters. He has been particularly active in matters concerning U.S. domestic content laws, such as the Buy American Act, U.S. Department of Transportation agency “Buy America” regulations, the Berry Amendment, the Trade Agreements Act, and “Buy American” provisions in the American Recovery and Reinvestment Act of 2009.

Frank also advises commercial clients on supply chain management issues, including compliance with conflict minerals disclosure requirements and establishing procedures and policies to detect and avoid counterfeit parts. He is a member of the National Association of Manufacturers’ Conflict Minerals Task Force, as well as its Critical Minerals and Rare Earth Task Force.

Frank has drafted and negotiated government contracts and subcontracts for clients, including the negotiation of two sole-source multi-year contracts with the Department of Defense worth a combined total of approximately $50 million. In his role as counselor to clients on government procurement issues, he has also conducted internal investigations for various clients to assess contract and statutory compliance issues and make recommendations regarding appropriate corrective action. These internal investigations have encompassed issues under the Truth In Negotiations Act (“TINA”), False Claims Act, and Trade Agreements Act/Buy American Act. He has also assisted clients by reviewing their contract administration practices and providing advice regarding process improvements and internal compliance systems. Frank has also developed training materials for clients on contract compliance issues, particularly with respect to supply chain management/domestic content requirements (including counterfeit parts detection/avoidance and conflict minerals reporting), cybersecurity requirements for government contractors and contractor codes of business ethics and conduct, and has provided in-person or remote training to client personnel on government procurement issues.