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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.

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)