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Tyler Evans has experience working closely with clients to resolve complex U.S. Government contracting issues in a broad range of industries, with a focus on life sciences and defense.
Mr. Evans’s practice covers multiple subject-matter areas, including research and development, non-traditional contracting, intellectual property, contract negotiations, flow-down requirements, small business issues, sourcing restrictions, costs, and compliance.
Mr. Evans’s practice also regularly involves multiple forms of agreements, extending from procurement contracts and grants to cooperative research and development, other transaction authority, licensing, and clinical trial agreements.
Research and Development Contracting
- Assisted multiple clients with contract negotiations and ongoing performance considerations relating to work with the U.S. Departments of Health and Human Services, Veterans Affairs, Energy, and Defense in connection with the promotion of public and military health and countermeasures for significant threats like Ebola, Zika, MERS-CoV, Smallpox, pandemic influenza, and radiation events.
- Negotiated multiple cooperative research and development agreements (CRADAs) and other transaction authority agreements (OTAs) with various federal agencies and contractor-operated laboratories.
- Assisted small companies both in and outside the United States in negotiating and performing research and development contracts with various U.S. Government agencies relating to diagnostics and countermeasure resistance.
Intellectual Property Issues
- Advised numerous companies on intellectual property rights and requirements imposed under the Bayh-Dole Act and similar frameworks in connection with domestic manufacturing, background rights, march-in proceedings, patent infringement, and public disclosures.
- Advised major defense contractor on data rights, invention, trade secret, and Small Business Innovation Research issues relating to a contract dispute and investigation.
Comprehensive Assistance in Transactional Work Involving U.S. Government Contracts
- Advised major pharmaceutical company in the sale of multiple businesses involving significant U.S. Government contracts on issues relating to novation, subcontracting, secondment, intellectual property, and reimbursement of costs.
Small Business Issues
- Successfully represented multiple defense contractors in size protest and NAICS appeals before the U.S. Small Business Administration.
- Successfully represented a small life sciences company in fee waiver proceedings before the U.S. Food and Drug Administration.
Other Representative Matters
- Advised multiple Federal Supply Schedule contractors on establishing internal compliance policies and procedures.
- Advised a major pharmaceutical company on the classification of a product as a drug or a device in connection with pricing limitations established by the Veterans Health Care Act of 1992.
- Represented a major pharmaceutical company in litigation relating to prescription drug purchases from the Federal Supply Schedule.
- Represented service contractor in a subcontract dispute with small business concern involving work allocation under a contract with the U.S. Food and Drug Administration.
- Advised multiple U.S. Government contractors and grant recipients on issues relating to cost and price, including allowability of bid and proposal costs, allowability of costs incurred in connection with size determinations, establishment of indirect cost rates, price negotiation requirements relating to sole-source subawards involving commercial items, paid-cost invoicing, and requirements relating to certified cost or pricing data.
- Advised multiple U.S. Government contractors on drafting, negotiating, and complying with small business subcontracting plans established under contracts with various federal agencies.
- Assisted multiple U.S. Government contractors with small business affiliation analyses, as well as assessments of various forms of small business set-asides and acquisitions under the 8(a) Business Development Program.
- Advised multiple U.S. Government contractors on domestic sourcing restrictions and performance requirements under federal and state grants, contracts, and leases.
- Advised U.S. Government contractor on multiple solicitations issued by the U.S. Department of Defense involving energy generation systems using photovoltaic devices.
- Assisted multiple U.S. Government contractors with establishing internal compliance policies relating to gift restrictions and limitations on promotional activities.
- Provided public policy and regulatory advice to a participant in the AbilityOne procurement program.
Pro Bono
- Advised pass-through entity on issuing subagreements under grants and cooperative agreements with the U.S. Agency for International Development.
- Assisted multiple non-profit entities with organizational restructuring and analyses of small business requirements.
- Represented a public interest group in a payment dispute with a local government.
October 1, 2020
WASHINGTON—Covington has promoted 14 lawyers to its partnership. “Our new partners practice in a wide range of the firm’s key practices and add importantly to our strengths,” said Doug Gibson, Covington’s chair. “This new partner class demonstrates that we continue to build an exceptional pipeline of superbly talented lawyers, across our offices and ...
June 9, 2020, Inside Government Contracts
The Paycheck Protection Program Flexibility Act of 2020 (the “Flexibility Act”) was signed into law on June 5, revising a number of key requirements for loan forgiveness under the Paycheck Protection Program (“PPP”). The Program has provided support to a number of organizations negatively impacted by COVID-19 in the form of loans that can be...… Continue ...
May 18, 2020, Inside Government Contracts
Two notices recently published in the Federal Register indicate the Federal Emergency Management Agency (“FEMA”) intends to exercise Defense Production Act (“DPA”) authority in novel ways during the current coronavirus pandemic. On May 12th, FEMA announced that it plans to invoke DPA authority which permits the President to consult with representatives of ...
April 7, 2020, Covington Alert
Ninety-five percent of employing businesses in the United States are small businesses. As we discussed in detail here, the CARES Act seeks to support small businesses through the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL), in addition to other Small Business Administration (SBA) efforts involving the Emergency Advance: SBA ...
March 30, 2020, Inside Government Contracts
The Department of Health and Human Services published a notice on March 30, 2020 — effective March 25, 2020 — designating certain COVID-19-related personal protective equipment (“PPE”) and materials as “scarce” or “threatened” materials subject to the Defense Production Act’s (“DPA”) anti-hoarding provisions. As a result of this notice, the DPA now prohibits ...
March 19, 2020, Inside Government Contracts
Following up on our post earlier this week giving a general overview of the Defense Production Act of 1950 (“DPA”), 50 U.S.C. §§4501 et seq., this post comments on President Trump’s March 18, 2020 Executive Order on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 (the “COVID-19 E.O.”) and...… Continue Reading The ...
March 17, 2020, Inside Government Contracts
As a followup to our recent post on the implications of the PREP Act for government contractors working to respond to the COVID-19 outbreak, this post will provide an overview of the Defense Production Act—including its key powers that the federal Government might invoke to counter the pandemic. Congress first enacted the Defense Production Act...… Continue ...
March 13, 2020, Inside Government Contracts
We’ve covered several topics already this week on the U.S. Government’s varied responses to the COVID-19 outbreak and how these responses will affect contractors that do business with the government, including BARDA’s EZ-BAA for COVID-19 diagnostics, mission-essential services during the outbreak, and how excusable delay provisions may help federal contractors ...
March 12, 2020, Inside Government Contracts
In the latest World Health Organization daily situation report, as of March 11, 2020, the WHO reported 118,326 COVID-19 cases confirmed and 4,292 deaths worldwide, and the U.S. Centers for Disease Control and Prevention (CDC) reported 938 cases and 29 deaths in the United States. The same day, WHO characterized COVID-19 as the first global...… Continue ...
October 2020
Recapture of Excess COVID-19 Payroll Tax Credits Addressed in New Regs Recapture of Excess COVID-19 Payroll Tax Credits Addressed in New Regs As the legal, regulatory, and commercial implications of coronavirus COVID-19 continue to evolve, our lawyers and advisors are helping clients navigate the complex considerations that companies around the world are ...
February 11, 2020, Inside Government Contracts
As of February 10, 2020, the World Health Organization (WHO) reported that 40,554 cases of the Novel Coronavirus (2019-nCoV) have been confirmed globally, with twelve cases confirmed in the United States. The WHO has been issuing situation reports on a daily basis since January 21, and each report in February alone has identified more than...… Continue ...
December 20, 2018, Inside Government Contracts
A recently proposed rule would update the Federal Acquisition Regulation (“FAR”) to incorporate statutory changes to limitations on subcontracting that have been in effect since 2013. The U.S. Small Business Administration (“SBA”) has long since revised its own regulations to implement these changes, but some contracting officers have been reluctant to follow ...
August 31, 2018, Inside Government Contracts
Registration will open soon for the Biomedical Advanced Research and Development Authority’s (“BARDA”) 2018 Industry Day to be held on October 29 and 30 at the Grand Hyatt in Washington, D.C. This event has been an integral part of BARDA’s outreach efforts to the life sciences community since 2007, and the newest version of this...… Continue Reading The post ...
August 9, 2018, Biotech and Money
March 26, 2018, Thomson Reuters' Westlaw Journal Government Contracts
May 28, 2015, Inside Energy & Environment
Earlier this week, the Department of Defense (“DoD”) issued a proposed rule to revise (and make stricter) the unique sourcing requirements applicable to certain photovoltaic devices that are used in the performance of DoD contracts. Specifically, unless an exception under the Trade Agreements Act applies or a contractor secures a waiver based on public ...
February 10, 2015, InsideGovernmentContracts Blog
December 17, 2014, InsideGovernmentContracts Blog
December 10, 2014, Cov Africa
The U.S. Department of Health and Human Services (“HHS”) published a declaration today under the Public Readiness and Emergency Preparedness (“PREP”) Act covering activities relating to three Ebola vaccine candidates that are currently in development. The declaration went into effect on December 3, 2014 and extends liability protection to manufacturers, ...
October 21, 2014, Inside Energy & Environment
On October 17, 2014, the Defense Logistics Agency (DLA) Energy issued a solicitation for proposals to construct and operate a large-scale renewable energy project at Fort Hood in Texas, the U.S. military’s largest active duty armored post. The Fort Hood project is part of the efforts of the Army Office of Energy Initiatives (OEI), which...… Continue Reading
August 29, 2014, Inside Energy & Environment
On August 25, 2014, the U.S. Navy announced that it would continue its four-year collaboration with the Chilean Navy to research, develop, and use “drop-in” alternative fuels to power surface ships and aircraft. Both navies have established goals of significantly increasing their use of alternative fuels. The Chilean Navy intends to use renewable energy ...
July 7, 2014, Inside Energy & Environment
On July 3, 2014, the U.S. Department of Energy (“DOE”) issued a final solicitation for the Renewable Energy and Energy Efficient Projects Loan Guarantee Program. As we previously reported with respect to the draft solicitation issued on April 16, 2014, the Program is expected to make up to $4 billion in loan guarantees available for...… Continue Reading
May 14, 2014, Inside Energy & Environment
Last week, the White House announced a goal of acquiring $2 billion in energy efficiency upgrades at federal buildings over the next three years. This $2 billion goal is in addition to existing commitments that the Obama Administration made in 2011, under which $2.7 billion has already been committed to fund energy efficiency upgrades. The new...… Continue ...
April 18, 2014, Inside Energy & Environment
The Department of Energy (“DOE”) issued a draft solicitation yesterday for a new Renewable Energy and Energy Efficient Projects Loan Guarantee Program. Once finalized, the Program is expected to make as much as $4 billion in loan guarantees available to innovative clean energy technology projects that are not currently in commercial use. Based on DOE’s...… ...
- Named to the Super Lawyers 2019 Washington DC Rising Stars List.