jim-lay-cleared-counselJim Lay is a noted authority on the law of government procurement. Leveraging twenty years of experience working as a government investigator, a government prosecutor, and a private attorney, Jim helps companies navigate the challenges of doing business with the federal government. He represents government contractors in the defense, intelligence, aerospace, health, construction, and information technology sectors. And his expertise covers all aspects of “Cradle to Grave” contracting, including capture, bidding, bid protests, pricing issues, contract negotiation, award, claims, amendments, equitable adjustments, performance, close-out, and litigation.

During the 102nd Congress, a U.S. Senate special committee selected Jim for his investigative skills. And when the Committee issued its final report, it described his advocacy and insight as “tremendous.”  He later served as a government prosecutor, attending the prestigious United States Department of Justice (DOJ) National Advocacy Center (NAC). The Editorial Board of The Washington Post, an inside-the-Beltway institution, has described Jim as “impressive…thoughtful and articulate[.]”

Now in private practice, Jim routinely provides subject matter expertise in the laws and regulations that affect government contractors each day. These include, for example, the Federal Acquisition Regulations (FAR), the Defense Federal Acquisitions Regulations (DFAR), the various agency-level regulations, the National Industrial Security Program Operating Manual (NISPOM), and the Intelligence Community Directives and Standards (ICD/ICS).

A modern government contracts practice is global in scope, and Jim has developed his legal competence accordingly. Over his career, Jim has achieved a comfortable familiarity with the complexities of the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), the Foreign Corrupt Practices Act (FCPA), the U.K. Bribery Act, and issues pertaining to Foreign Ownership Control or Influence (FOCI). Jim holds an M.A. in International Transactions from George Mason University’s School of Public Policy.

Jim has litigated cases, or provided counsel with respect to, the Procurement Integrity Act (PIA), the False Claims Act (FCA), and similar laws relating to integrity, labor time-charging issues, Cost Accounting Standards, and Cost Principles. And he has assisted with numerous internal and government investigations, as well as audits conducted pursuant to the Defense Contract Audit Agency (DCAA) Contract Audit Manual (CAM).

For both small and Fortune 500 companies, Jim has held a wide array of corporate offices and advisory roles. He has variously served as Government Contracts Counsel, General Counsel, Director, Secretary, Compliance Officer, Export Compliance Officer, and Chief Operating Officer.

A career trial lawyer, Jim has represented a wide range of contractors in Litigation in both state and Federal courts as well as various administrative venues. For example, in The U.S. District Court for the District of Maryland, Jim defended a U.S. Navy contractor against allegations of making false statements; in The U.S. District Court for the Eastern District of Virginia, the so-called “Rocket Docket”, he brought suit against an Army contractor for breach of a subcontract; and, before the Government Accountability Office (GAO), Jim recently secured the reimbursement of protest costs for a General Services Administration (GSA) contractor following a successful bid protest. Following the Martha Stewart trial, in the U.S. District Court for the Southern District of New York, Jim represented the government’s key witness in a perjury trial against the U.S. Secret Service’s lab director.

A diligent investigator since his service on Capitol Hill, Jim frequently assists contractors conduct or defend against U.S. government Investigations. As an example, he recently conducted a sweeping investigation into allegations of false claims in multiple domestic and international offices, resulting in a voluntary disclosure to the Department of Defense (DoD) Office of Inspector General (OIG). In a recent ITAR case, Jim investigated multiple transactions involving the unlicensed export of U.S. Munitions List (USML) articles, resulting in a voluntary disclosure to the U.S. Department of State (DOS) Office of Defense Trade Controls Compliance (ODTCC) without penalty.

As the industry has increasingly turned towards M&A to maximize efficiencies and boost enterprise profit, Jim recently provided counsel to a contractor charged with preparing a business unit for separation into a new independent, publicly-traded company. The spin-off was successful. Previously, Jim assisted in both due diligence and valuation of a government contractor in preparation for sale to a private equity group. Earlier in his career, Jim represented a U.S. contractor in direct negotiations with the Governor of the State of Yucatán, Mexico, resulting in the acquisition of the target company.

In his spare time, Jim enjoys writing and teaching law. For approximately ten years, he served as an Adjunct Associate Professor of Law at American University’s Washington College of Law. And he routinely writes about such matters as government contract compliance, investigations, and current regulatory issues affecting government contractors. Jim lives in Vienna, Virginia, with his wife and two children.

Jim Lay is available to discuss how c2 can assist you at jlay@c2law.org.