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Scott Freling divides his practice between working with civilian and defense contractors on traditional government contracts matters and representing buyers and sellers, including a number of private equity firms, in complex M&A deals involving a government contractor.

Mr. Freling represents contractors at all stages of the procurement process and in their dealings with federal, state, and local government customers. In addition, he counsels clients on compliance matters and risk mitigation strategies, including obtaining SAFETY Act liability protection for anti-terrorism technologies.

Government Contracts M&A

Some of Mr. Freling’s recent M&A representations include:

  • Alion Science and Technology in its acquisition of MacAulay-Brown and the sale of its Naval Systems Business Unit to Serco.
  • Cambium Learning in its acquisition of the student assessment division of the American Institutes for Research.
  • Elbit Systems in its acquisitions of Universal Avionics and Harris’ Night Vision business.
  • EOIR in its sale to Arlington Capital.
  • Gainwell in its pending acquisition of HMS.
  • Guidehouse in its acquisition of Navigant.
  • Honeywell in the sale of its government services business, Honeywell Technology Solutions, to KBR.
  • Hewlett Packard Enterprise in its acquisition of Cray.  
  • KeyPoint and Vencore in their combination with the U.S. Public Sector business of DXC Technology to form Perspecta.
  • Lindsay Goldberg in its investments in PAE and ECS Federal.
  • Peraton in its pending acquisition of Perspecta and its acquisitions of Solers and Northrop Grumman’s Federal IT and Mission Support Services business.
  • Veritas Capital in several transactions, including its acquisitions of Alion Science and Technology, Gainwell Technologies, Guidehouse, and Peraton and its pending acquisition of Cubic.
  • Verscend in its acquisition of Cotiviti.
  • Warburg Pincus in multiple transactions, including its investment in Infoblox and its acquisition of Sweeping Corp of America.

Other Government Contracts and SAFETY Act Matters

  • Bid protests involving state and federal procurements. Represented The Goodyear Tire & Rubber Company during its successful challenge to North Carolina’s award of a statewide tire contract.
  • Represented several technology companies in bid protest litigation at the GAO and Court of Federal Claims.
  • Achieving liability protection for anti-terrorism technologies. Represented several sports and entertainment venues during their successful efforts to obtain SAFETY Act protection from the U.S. Department of Homeland Security for their respective security programs. Represented two professional sports leagues in renewing SAFETY Act protection for their respective league-wide venue security standards, training, and compliance programs.
  • Complex claims and termination matters. Represented a large construction company during its successful resolution of multiple contract claims and terminations related to construction work in Afghanistan for the U.S. Army Corps of Engineers. Represented a large software reseller during the settlement of a multi-million dollar Contract Disputes Act claim against the U.S. Department of Defense.
  • Contractor investigations and disclosures. Conducted multiple internal investigations for an IT services contractor, addressing a variety of issues including alleged self-dealing by a senior executive and unauthorized access to information systems. Assisted a global health organization with over fifteen Inspector General disclosures of suspected wrongdoing.
  • Compliance counseling. Counseled a large supplier of automotive components on Buy American Act, Trade Agreements Act and other sourcing restrictions applicable to contracts with the U.S. Department of Defense and original equipment manufacturers.
  • Protection of IP rights. Counseled a technology and analytics company during its formation of a government contracts business, addressing such matters as strategies for protecting preexisting intellectual property.

Pro Bono

  • Member of the U.S. District Court for the District of Columbia’s Advisory Committee on Pro Se Litigation.
  • Represented a domestic violence shelter during a series of audits and investigations by its funding agency and the D.C. Office of Inspector General.
  • Represented a World War II veteran before the U.S. Court of Appeals for Veterans Claims and the Board of Veterans’ Appeals to obtain compensation for injuries sustained during his active-duty service.

Memberships and Affiliations

  • American Bar Association, Section of Public Contract Law
  • National Defense Industrial Association
  • Law360, Government Contracts "Rising Star" (2015) 
  • Legal 500 US, Government Contracts (2015-2017)
  • Washington DC Super Lawyers, Government Contracts "Rising Star" (2014-2018)