Ned Childs is a government contract and investigations and enforcement attorney who represents companies across a wide range of sectors, including the defense, services, technology, and aerospace industries. His practice, spanning more than a decade in Washington, encompasses a broad array of legal services, including government contract investigations, disclosures, and regulatory enforcement actions; bid protests and government contract disputes; government contract counseling; export licensing and enforcement; prime contractor-subcontractor disputes; corporate ownership and acquisition issues; and election law investigations and enforcement matters.
Ned has considerable experience representing clients in government investigation and enforcement actions, including procurement fraud claims and qui tam whistleblower suits brought under the False Claims Act, inspectors general investigations, and in the preparation of mandatory disclosures to numerous agencies, including the U.S. Department of Defense and U.S. Department of Justice. In addition, he represents clients in protests before the Government Accountability Office (GAO), suspension and debarment proceedings, litigation at the Court of Federal Claims, and size challenges at the Small Business Administration (SBA). Ned regularly counsels clients on federal procurement issues, including foreign sourcing restrictions, small business eligibility, most-favored pricing, GSA schedule contract requirements, contract administration matters, and government rights in intellectual property, among other issues.
Ned also advises clients on legal issues affecting national security. He represents clients in matters before the Defense Security Service (DSS), the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), and the U.S. Department of the Treasury’s Office of Foreign Asset Control (OFAC), as well as the Committee on Foreign Investments in the United States (CFIUS) and its stakeholder agencies. He also assists clients on industrial security issues, including creating technology control and electronic communications plans, establishing cleared subsidiaries, fielding compliance concerns and questions from DSS, and developing and negotiating measures to mitigate foreign ownership, control, and influence.
Ned also represents clients in investigations and enforcement matters relating to federal election law issues, including matters before the Federal Election Commission and related federal court litigation.
Before pursuing his law degree, Ned worked at the U.S. Department of State’s Office of the Coordinator of Cuban Affairs, where he negotiated the Department’s policy positions on BIS and OFAC Cuba licensing matters and participated in export enforcement matters. In this role, he also was responsible for issues arising under Title IV of the Helms-Burton Act, a law seeking to penalize foreign companies trafficking property confiscated from U.S. citizens in Cuba.
Successfully defended a top defense contractor in a high-visibility, congressionally-requested DOD OIG inquiry of alleged improprieties in U.S. Air Force space launch competitions with no findings of wrongdoing.
Represented a joint venture of two leading defense contractors in a False Claims Act qui tam lawsuit alleging $90 million in over-charging on national security aerospace contracts as a result of allegedly improper estimating practices, resulting in a full resolution and dismissal with prejudice from the DOJ and all relevant agencies on favorable settlement terms.
Assisted a DOD and NASA subcontractor respond to a DOD OIG audit related to a commercial item determination and commercial pricing negotiations for propellant used in national security applications, including discussions with senior DOD OIG personnel regarding audit conclusions.
Represented a medical services contractor in connection with parallel DOJ OIG investigations of Federal Bureau of Prisons billings and subcontractor charging practices.
Counseled an FBOP contractor in a DOJ OIG audit of contract compliance and performance under a services contract.
Resolved a qui tam action with the DOJ and Army relating to testing certifications on a $250 million telecommunications system in Iraq, including full and complete resolution with the Army SDO with no administrative commitments.
Represented a GSA schedule contractor in the investigation, remediation, and settlement of a qui tam whistleblower claim alleging non-compliance with certain contractual specifications.
Represented a foreign medical supply company through the disclosure, negotiation, and resolution of claims related to non-compliance with GSA schedule foreign sourcing restrictions.
Represented a government contractor in a DOD investigation of alleged bribery and kickbacks associated with a government contract for large-scale construction services performed in Afghanistan.
Counseled a government contractor on an internal investigation involving the treatment of health insurance premium costs under the Cost Accounting Standards, including a mandatory disclosure and discussions with DCAA and contracting officials related to remedial actions.
Successfully represented a leading launch service provider intervening in a GAO protest to defend the award of a launch service mission by the National Aeronautics and Space Administration.
Intervened on behalf of a joint venture of two top defense contractors in a protest at the Court of Federal Claims to defend the award of a nearly $1 billion other transaction award.
Lead counsel in the successful protest by a small business of a task order award of under a DHS IDIQ contract, with the agency taking corrective action based on the awardee’s improper “bait and switch” of proposed key personnel.
Successfully represented a defense contractor in a bid protest of a DOD contract for cyber-forensic services before the GAO valued at more than $450 million, including post-protest negotiations with the agency and contract awardee on mutually-agreeable corrective action.
Represented a defense and intelligence contractor in the successful bid protest of a Defense Intelligence Agency contract for intelligence analysis support before the GAO valued at more than $100 million.
Represented a major defense contractor through the Contract Disputes Act claims process, including in litigation at the Court of Federal Claims, related to claims for breach of contract and Cost Accounting Standards issues.
Successfully defended a top Federally-Funded Research and Development Center’s (FFRDC) multibillion dollar operating contract with the DOD against a collateral attack alleging organizational conflicts of interest and other violations in a bid protest at the GAO.
Negotiated the settlement of a successful claim before the Armed Services Board of Contract Appeals relating to an audit of a small business’s provisional labor rates, turning a DCMA demand for $2.3 million into a settlement in excess of $50,000 in the small business’s favor.
Successfully represented a leading defense contractor in a trial before the ASBCA in a $400 million breach of contract case against the Air Force regarding a space launch services contract.
Represented a small business at the Court of Federal Claims related to patent infringement claims against the Department of Veterans Affairs.
Represented an Alaska Native Corporation in the successful defense against an SBA size protest and subsequent appeal to the SBA Office of Hearings and Appeals on a government contract award valuing more than $500 million.
Represented a prime contractor in AAA arbitration with a subcontractor in a dispute under a NASA contract.
Advised a foreign-owned national security technology company in high stakes negotiations with the DSS related to FOCI and the company’s facility security clearance.
Advised a foreign-owned telecommunications company in its divestiture of its government contracting subsidiary.
Represented various U.S. national security and critical infrastructure companies before CFIUS on their acquisition by Saudi, French, British, Singaporean, and Chinese entities.
Represented multiple British companies in acquisitions of U.S. national security and critical infrastructure companies.
Counseled an aircraft maintenance, repair, and overhaul company on the voluntary disclosure of past conduct and the negotiation of export licenses related to the company’s export and re-export of U.S.-origin controlled aviation parts and materials.
Negotiated numerous encryption licensing arrangements, export licenses to restricted parties, and deemed export and re-export licenses with the Department of Commerce for technology companies.
Negotiated numerous transactional and travel-related licenses with OFAC for technology, media, agricultural, and travel service companies.
Represented a multi-billion dollar health care company in an internal investigation related to alleged corporate reimbursements for political contributions covering more than a decade of conduct, resulting in a sua sponte disclosure to the FEC and negotiation of a settlement on favorable terms without referral of the matter to the DOJ for further review.
Member, Editorial Advisory Board, Government Contracts Board, Law360, 2022
Recipient, Department of State Meritorious Honor Award, 2005
Law360 Names 12 McGuireWoods Lawyers to Editorial Advisory Boards for 2022
May 11, 2022
National Honor for White Collar Team
February 13, 2020