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Edwin Childs

Edwin O. Childs, Jr. Partner

Washington, D.C. T +1 202 857 1723 F fax +1 202 828 2974
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As co-leader of the firm’s False Claims Act and Government Contracting practices, Ned Childs is a government contract investigations, enforcement, and compliance attorney who represents companies across a wide range of sectors, including the defense, energy, services, technology, and aerospace industries. His practice and government experience, spanning two decades 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 and compliance program implementation; export licensing and enforcement; prime contractor-subcontractor disputes; industrial security considerations; corporate ownership and foreign 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, GSA schedule contract requirements, contract administration matters, and government rights in intellectual property, among other issues. Ned also assists clients address issued under federal funding agreements and subawards, including cost accounting considerations, domestic sourcing requirements including the Build America, Buy America (BABA) Act, property disposition issues, Bayh-Dole Act rights, and issues related to diversity, equity, and inclusion (DEI) standards.

Ned also advises clients on legal issues affecting national security. He represents clients in matters before the Defense Counterintelligence and Security Agency (DCSA), 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, seeking and negotiating facility security clearances, fielding compliance concerns and questions from DCSA, and developing and negotiating measures to mitigate foreign ownership, control, and influence (FOCI).

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 and operationalized 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 (or LIBERTAD) Act, which sanctions foreign companies (and their executives) that traffic property confiscated from U.S. citizens in Cuba.

Experience
  • Represented a telecommunications company in a False Claims Act investigation and qui tam litigation involving allegations related to the provision of wireless hotspot devices to state school districts during the COVID-19 pandemic.
  • Defended a major construction and remediation contractor in connection with parallel DOJ, Army Criminal Investigative Service, and EPA OIG criminal and civil False Claims Act investigations and suspension and debarment proceedings related to alleged misconduct related to environmental remediation work on a Superfund site, resulting in favorable settlement terms, a written criminal declination, and a written no action letter from EPA OIG without any exclusionary action.
  • Represented a major telecommunications provider in a mandatory disclosure to GSA OIG related to cybersecurity concerns within an information system that is accredited at the Federal Information Security Management Act (FISMA) High impact level, resulting in favorable settlement terms and DOJ press statements.
  • Represented a DOD construction contractor in connection with a Procurement Collusion Strike Force investigation regarding employee kickbacks from subcontractors, resulting in no action against the company.
  • Represented a construction contractor in connection with a mandatory disclosure to DOD OIG regarding potential employee and government official misconduct in connection with the award of a DOD contract and related subcontractor kickback allegations.
  • 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.
  • Advised a leading DOD contractor in an internal investigation regarding procurement integrity matters associated with competitor pricing data, including engagement with government customers, the development of organizational firewalls, and other remedial actions.
  • Represented a leading DOD service contractor in an internal investigation related to a former employee’s theft of proprietary company and sensitive government materials upon departure for a competitor, including engagement of government and competitor officials in connection with the remediation of issues arising out of such actions.
  • 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.
  • Advised a defense contractor on small business issues related to a government investigation of the company’s diversity, equity, and inclusion activities.
  • Represented the owner and president of an 8(a) joint venture responding with a grand jury subpoena issued by DOJ’s Procurement Collusion Strike Force alleging violations related to statements made in connection with the issuance of facility security clearance and 8(a) affiliation standards, resulting in the full declination by DOJ of criminal charges.
  • 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.
  • Representing a technical service and support contractor in a claim against the Federal Aviation Administration arising out of the agency’s breach of contract and prior protest settlement agreement.
  • 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.
  • Represented a leading energy services company in connection with multiple requests for equitable adjustment and claims arising out of a DOD energy savings performance contract, addressing such issues as contractual delays, COVID-related issues, domestic sourcing issues, changes in government requirements, and government failure to comply with contractual terms.
  • 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 a medical supply contractor in a Hawaii state protest alleging improper state action and interpretation of RFP requirements.
  • 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 DCSA related to FOCI and the company’s facility security clearance.
  • Advised a foreign-owned telecommunications company in its divestiture of its government contracting subsidiary.
  • Advised multiple defense, energy, manufacturing, and infrastructure companies regarding DOD cybersecurity issues, including under the Cybersecurity Maturity Model Certification (CMMC) program and with respect to DOD controlled defense information requirements.
  • Counseled the national security platform of a private equity fund regarding government contracting, industrial security, and small business issues arising out of the platform’s acquisition of three cleared DOD contractors.
  • Advised a leading health industry DOD contractor in connection with the establishment of a cleared subsidiary in connection and related issues arising out of a sensitive DOD program.
  • Counseled clients in multiple industries in the development of DCSA- and DDTC-required technology control, electronic communications, visitation, collocation, and affiliated service plans.
  • Represented various U.S. national security and critical infrastructure companies before CFIUS on their acquisition by Israeli, Canadian, Saudi, French, British, Singaporean, and Chinese entities.
  • Represented multiple British and Canadian companies in acquisitions of U.S. national security, shipbuilding, and critical infrastructure companies.
  • Negotiated changes to the statement of work for a DOD contractor providing sensitive public-facing health-related services related to cybersecurity, cost, and technical risk considerations.
  • Represented an environmental testing company in connection with the termination of a DOD contract involving allegations related to breaches of contractual terms and employee misconduct, resulting in a termination for convenience (as opposed to default).
  • Advised a small business regarding Space Force contractor regarding Small Business Innovation Research Program IP-related terms and contract negotiation-related considerations.
  • Represented a NASA contractor in connection with the closeout of multiple contracts involving pension liability, subcontractor nonpayment, and other closeout issues that had been pending for more than five years.
  • Advised multiple energy, industrial systems, and infrastructure companies in connection with Build America, Buy America compliance issues arising out of port, telecommunications, and clean energy projects funded by various U.S. government agencies and corresponding negotiations with state and commercial contracting entities.
  • Represented a state agency in the negotiation of a correctional health service contract, including the off ramping of a preexisting contractor and onboarding of a new contractor using emergency contracting authorities.
  • Represented a state agency in the negotiation of a health IT system contract.
  • Advised a state agency in the review and analysis of offeror potential conflict of interest allegations during an ongoing public-private partnership infrastructure contract procurement and other procurement-related considerations.
  • 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.
  • Advised defense manufacturing and service companies regarding registration, compliance, and licensing issues arising under the ITAR with the Department of State’s Directorate of Defense Trade Controls.
  • Advised a leading financial institution in the negotiation of terms and development of measures to address and mitigate compliance risk arising out of a client’s letter of agreement with the FCC in an equity transaction.
  • Regular representation of private equity, independent sponsor, public company, and private company clients in connection with the acquisition federal and state prime contractors and subcontractors.
  • Advised numerous federal contractors in connection with the novation of federal contracts arising out of asset transactions and corporate reoganizations.
  • 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.
  • Advised multiple foreign-owned companies in connection with issues arising out of Titles III and IV of the Helms-Burton (LIBERTAD) Act relating to such entities’ alleged trafficking in property expropriated from U.S. persons in Cuba and the related exclusion of such companies’ executives from the United States.
  • 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.

Events

Insights

  • Recipient, Department of State Meritorious Honor Award, 2005

Spotlight

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