Steve Kaye has three decades of experience in government contracts litigation and counseling. He has served as a principal outside legal counsel in the preparation, negotiation, and litigation of contract claims in amounts ranging from $100,000 to in excess of $500 million, as well as defended against government claims. He represents clients in contract award disputes before the General Accountability Office, the Court of Federal Claims, and agencies.  He has extensive experience in handling disputes between prime contractors and subcontractors, where knowledge of general commercial law and government contracting law is necessary.

In addition to litigating matters for clients, Mr. Kaye provides counseling on contract bidding and competition matters, along with contract administration and subcontracting questions. He assists in the due diligence investigation of government contractors as part of corporate mergers and acquisitions, conducts internal investigations of allegations of possible fraud or other improper conduct, and defends contractors in criminal investigations and civil False Claims Act proceedings.

Mr. Kaye has served as the Chair of the National Defense Industrial Association’s Procurement Committee and of its Contract & Acquisition Management Subcommittee and as the Co-Chair of the Committee on Strategic Alliances, Teaming, and Subcontracting of the ABA’s Public Contract Law Section.  He currently serves as a Vice-chair of that committee as well as of the ABA’s Committee on Commercial Products and Services.  He has taught and lectured before industry and bar organizations.

Select Representations

• McDonnell Douglas Corp. v. U.S. Air Force, 375 F.3d 1182 (D.C. Cir. 2004)(represented contractor in reverse FOIA action seeking to protect unit prices from disclosure)
• M.A. Mortenson Co. v. U.S., 843 F.2d 1360 (Fed. Cir. 1988) (represented contractor on changes claim based on events subsequent to BAFO and prior to award)
• Electronic Data Systems Federal Corp. v. GSA, 792 F.2d 1569 (Fed. Cir. 1986) (represented contract awardee in challenge to jurisdiction of GSBCA under Brooks Act)
• Pikes Peak Family Housing, LLC v. U.S., 40 Fed. Cl. 673 (1998) (represented awardee in bid protest proceeding)
• Hazeltine Corp. v. U.S. (represented contractor in appeal of termination for default of contract by FAA for failure to make progress, claims for conversion to termination for convenience and compensation under changes clause for extra work)
• Newport News Shipbuilding & DryDock Co. v. U.S., 7 Cl. Ct. 549 (1985) (represented shipyard in claim for construction differential subsidy payments on oil tankers financed by Maritime Administration)
• Pemco Aeroplex, Inc. v. Cohen (N.D. Ala. 1999) (represented awardee in closely watched case by industry involving challenge to contract awarded notwithstanding GAO decision that solicitation should be revised)
• Hunt Building Corp. v. United States (E.D. Va. 1998) (represented named awardee in challenge to first contract to be awarded under Military Housing Privatization Initiative; issues included applicability of Armed Services Procurement Act and FAR)
• Kollmorgen Corp. v. Systems & Electronics Inc. (D. Ma.) (represented prime contractor in suit by subcontractor for breach of a sole license and exclusive distributorship agreement and prime’s claim for breach of production subcontract in contracts arising out of Helitow systems for helicopters for Italian Air Force)
• Systems & Electronics, Inc., ASBCA No. 48178, 98-1 BCA 29710 (successful appeal of claim for failure to supply gfp; key issues included recovery of unabsorbed overhead and loss of learning)
• Anchor Hocking Foodservice, GSBCA (appeal of default termination, settled)
• General Dynamics Lands Systems, Inc., ASBCA (appeal of subcontractor’s sponsored claim asserting that government had only limited rights in technical data, settled)
• Diversified Optical Products, Inc., B-290830 (challenge to sole-source award of contract; award withdrawn by agency as a result of protest) (GAO)
• Clearwater Instrumentation, Inc., B-286454.2, 2002 CPD 151 (defense of award to contractor against claim of improper auction and pricing) (GAO)
• Rel-Tek Systems & Design, Inc., B-280463, 1998 U.S. Comp.Gen. LEXIS 405 (Nov. 21, 1998) (successful protest of improper award to offeror that had not committed to comply with RFP requirements) (GAO)

Bar and Court Admissions

District of Columbia, 1979

United States Courts of Appeals for the District of Columbia and Federal Circuits

United States Court of Federal Claims

United States District Court for the District of Columbia

Education

American University, J.D., magna cum laude, 1979

Colgate University, A.B., with honors, 1974

Professional Affiliations

• Public Contract Law Section of the American Bar Association – Committee on Strategic Alliances, Teaming, and Subcontracting, Co-Chair, 2000-2006, Vice-Chair, 1996-2000, 2006-; Committee on Commercial Products and Services, Vice-Chair 2006-
• National Defense Industrial Association (NDIA) – Chair, Contract & Acquisition Management Subcommittee, 1996-98; Chair, Procurement Committee, 1999-2001; Vice-Chair, Procurement Committee, 1998-99
• Recipient, NDIA's Howard M. Cork Memorial Award for distinguished service to government and industry in the field of defense and procurement, 2003