Should GSA Add a Limited Termination for Convenience Clause to Its Leases? Some Recent Decisions Counsel That It Should.
Government Contracts Group Of The Year: Pillsbury
Alex D. Tomaszczuk
Mr. Tomaszczuk is a member of Pillsbury's Government Contracts & Disputes practice section and has been representing clients in government contract matters since the completion of his clerkship at the Court of Claims (now U.S. Court of Appeals) in 1982. He maintains offices in Los Angeles and Northern Virginia. He has successfully represented and is currently representing a number of utilities in litigation at the U.S. Court of Federal Claims and U.S. Court of Appeals for the Federal Circuit involving the Department of Energy's breach of its contracts to dispose of spent nuclear fuel. He has handled a number of bid protests at the Government Accountability Office, the Court of Federal Claims, and at the Federal Circuit. His recent bid protest victories include procurement actions by the Department of Health & Human Services, the General Services Administration, and the Department of Justice/Federal Bureau of Prisons. He has also conducted internal investigations regarding allegations of mischarging time under U.S. Government contracts and subcontracts, the proper accounting treatment for inventory and third-party labor and other ethics-related matters. Mr. Tomaszczuk formerly worked in the Office of the Legal Adviser at the U.S. Department of State, where he won the Department's Superior Honor Award. He is a former chair of the Federal Bar Association's government contracts section.
- Conducted numerous trials at the U.S. Court of Federal Claims and argued several lead cases at U.S. Court of Appeals for Federal Circuit on behalf of nuclear utilities seeking to recover millions of dollars in damages resulting from the failure of the Department of Energy to perform its contract to dispose of that utility's spent nuclear fuel.
- Managed internal investigation and reported to senior management of a leading research and development concern regarding allegations of time mischarging under U.S. Government contracts and subcontracts.
- Representation of more than twenty utilities in litigation at the Court of Federal Claims and Federal Circuit involving the Department of Energy's overcharging of those utilities for uranium enrichment services.
- Successfully litigated various bid protests at the GAO and Court of Federal Claims involving the real estate and government services industries.
- Advised information technology concern on successfully converting a threatened termination for default into a termination for convenience, and assisted the company in negotiating its termination claim.
- Chambers USA, Government Contracts—National (2009-2012)
- Who's Who in Law, Top Government Affairs Attorney, Los Angeles Business Journal (2009)
- Top Washington Lawyer, Government Contracts—Finalist, Washington Business Journal (2008)
- Best of GovCon Author (2007)
American Bar Association, Public Contracts Law Section; Federal Bar Association, Government Contracts Section, Federal Circuit Bar Association
U.S. Court of Appeals for the Federal and District of Columbia Circuits, U.S. District Courts for the District of Columbia and the Eastern District of Virginia, U.S. Court of Federal Claims
"Government Contracts Compliance in Light of the Circle C Decision," Government Contracts Compliance, Co-Author, 2013 Edition