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Ryan Burnette advises defense and civilian contractors on a range of issues related to government contracting. Mr. Burnette has particular experience with helping companies navigate federal cybersecurity and supply chain issues, corporate transactional matters, government cost accounting and Cost Accounting Standards issues, FAR and DFARS compliance, government investigations, and public policy matters.
Prior to joining Covington, Mr. Burnette served in the Office of Federal Procurement Policy in the Executive Office of the President, where he worked on government-wide contracting regulations and administrative actions affecting more than $400 billion dollars’ worth of goods and services each year.
While in government, Mr. Burnette helped develop and implement several contracting-related Executive Orders, and worked with White House and agency officials on matters affecting contractor disclosure and agency responsibility determinations, labor and employment issues, IT contracting, commercial item acquisitions, performance contracting, GSA Schedules and interagency acquisitions, competition requirements, and suspension and debarment, among others. Additionally, in the wake of significant incidents affecting the program, Mr. Burnette was selected to serve on a core team that led reform of major processes affecting all federal background investigations, directly resulting in the creation of the National Background Investigations Bureau.
Cybersecurity and Supply Chain Matters
- Representation of multiple contractors in cyber and data security incident response and investigations, including advising on agency disclosures and reports, contractual obligations, law enforcement interactions, and stakeholder communications.
- Assessment of multiple federal contractors’ compliance with federal cybersecurity standards and controls under applicable regulations.
- Advice relating to information management, data classification (including Controlled Unclassified Information and Covered Defense Information), and information system protection requirements (including under NIST SP 800-171 and the Cybersecurity Maturity Model Certification (CMMC)) to multiple federal contractors.
- Representation of multiple federal contractors in supply chain risk assessments, including on use of prohibited telecommunications equipment and services.
Corporate Transactional Matters
- Represented major pharmaceutical manufacturer in a complex transaction involving the divestment of multimillion dollar government contracts. Provided government contracts advice in connection with multiple agreements, including on issues relating to subcontracting and supply arrangements, contract novation, FAR compliance, and cost and invoicing, among others.
- Advised multiple companies on acquisitions and sales of government contracting businesses, including those in the defense, aerospace, technical services, pharmaceutical, environmental, and construction industries. Conducted diligence and provided advice on matters relating to cost accounting practices, small business compliance, Bayh-Dole Act issues, state and local contract matters, and other issues.
- Advised company in negotiations with a federal agency in connection with the acquisition of a major defense contractor.
Government Cost Accounting and Pricing Matters
- Representation of government contractor in review and defense of its cost accounting practices before the U.S. Government, including compliance with a range of Cost Accounting Standards allocability principles and Federal Acquisition Regulation cost principles.
- Assisted contractor with complex financial analysis and disclosure of a pricing issue relating to a Federal Supply Schedule contract.
- Advised contractor on response to Defense Contract Audit Agency recommendation to disallow a significant amount of incurred costs.
- Representation of organization in matter relating to receipt of Federal funding and cost allowability issues.
- Advised contractor on the cost accounting treatment of inter-organizational services and home office allocations.
- Representation of USAID grantee in appeal of cost allowability under USAID supplemental regulations
- Representation of Department of State grantee in cost allowability dispute relating to multiple asserted non-compliances under Uniform Guidance.
Investigations, Regulatory Counseling, and Other Matters
- Ongoing representation of major contractor in fraud investigation by the Department of Justice.
- Assisted major contractor with the closure of a subsidiary and the early exit of its government contracts. Secured a no cost termination on favorable terms with the government when government initially threatened to terminate for default.
- Advised defense client on Department of Defense authorities in Federal contracting.
- Assisted major government contractor with review and due diligence of labor practices in its supply chain.
- Advised contractor on options for potential breach of active teaming agreement in connection with a major government program.
- Advised major technology company on development of terms of services agreements and compliance with government contracting requirements.
- Assisted contractor in connection with a teaming arrangement to provide utility services for a government installation.
- Advised aircraft manufacturer on FAR and DFARS compliance obligations associated with a potential government subcontract.
- Obtained a favorable outcome for a contractor in a bid protest against the United States Navy before the Government Accountability Office.
Previous Experience
- Executive Office of the President, Office of Federal Procurement Policy (2011-2016)
- Office of the Comptroller of the Currency, Legal Division, Bank Activities and Structure (2013) (Assignment)
March 2, 2021, Covington Alert
Summary On February 24, 2021, President Biden signed an Executive Order entitled “Executive Order on America’s Supply Chains” (the “Order”). Among other things, the Order is an initial step toward accomplishing the Biden Administration’s goal of building more resilient American supply chains that avoid shortages of critical products, facilitate investments to ...
January 22, 2021, Covington Alert
On January 19, 2021, the Department of Commerce (“Commerce”) published an Interim Final Rule to implement provisions of Executive Order 13873, “Executive Order on Securing the Information and Communications Technology and Services Supply Chain” (May 15, 2019) (the “ICTS Order”). Unless suspended by the Biden Administration, the Rule will go into effect 60 days ...
September 9, 2020, Covington Alert
On September 1, 2020, the Office of Management and Budget issued a highly-anticipated interim final rule (“Rule”) implementing the Federal Acquisition Supply Chain Security Act. Consistent with the U.S. Government's increasingly sharp focus on supply chain security, the Rule authorizes the Executive Branch to exclude indefinitely “covered articles” (products and ...
July 13, 2020, Covington Alert
On July 10, 2020, the U.S. Government's Federal Acquisition Regulatory Council (“FAR Council”) released a prepublication version of the interim rule governing Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. No. 115-232), and added some clarifications to definitions that impact Section 889(a)(1)(A), ...
April 22, 2020
WASHINGTON—Covington represented satellite provider Ligado Networks in its successful application for rights to deploy 5G services over its mid-band spectrum. On April 22, the full Federal Communications Commission (FCC) released a unanimous decision approving Ligado’s application, finding that it will advance economic and security interests nationwide. The ...
March 26, 2020, Bloomberg Law
January 2020, Government Contracting Law Report
December 2019, Government Contracting Law Report
November 27, 2019, Covington Alert
The Department of Commerce (“the Department”) has issued a proposed rule implementing the May 15, 2019 Executive Order entitled “Securing the Information and Communications Technology and Services Supply Chain,” which we previously analyzed here. Once finalized and effective, the regulations will govern the process and procedures that the Secretary of Commerce ...
September 11, 2019, Gov Info Security
Susan Cassidy, Samantha Clark, Ryan Burnette, and Ian Brekke are mentioned in Gov Info Security regarding their blog post analyzing the CMMC draft. "The guidance offers no insight into how DOD will determine the CMMC certification level required for each contract solicitation or whether it intends to standardize a process for making such determinations across ...
August 7, 2019
WASHINGTON—Covington’s Government Contracts and Communications regulatory practices are representing Communications & Power Industries LLC (CPI) in its recently announced deal to acquire SATCOM Technologies, the antenna systems business of General Dynamics Mission Systems, Inc., a business unit of General Dynamics. SATCOM Technologies designs, manufactures and ...
May 2, 2018, BNA's Federal Contracts Report
Alan Pemberton and Ryan Burnette are quoted in a Federal Contracts Report article regarding a Fourth Circuit ruling that shielded BAE from liability under the Foreign Military Sales program. According to Pemberton and Burnette, although the court didn't definitively address the issue of foreign enforcement, the ruling is favorable for contractors overall because ...
May 1, 2018
WASHINGTON—Covington advised Elbit Systems Ltd. in its $120 million acquisition of the assets and operations of the privately owned U.S. company, Universal Avionics Systems. Elbit Systems is an international high technology company engaged in a wide range of defense, homeland security, and commercial programs throughout the world. Universal Avionics is a ...
July 2017, Pratt's Government Contracting Law Report