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- Jennifer L. Plitsch
Jennifer Plitsch is co-chair of the firm’s Government Contracts practice group, where her practice includes a wide range of contracting issues for large and small businesses in both defense and civilian contracting. Her practice involves advising clients on contract proposal, performance, and compliance questions as well as litigation, transactional, and legislative issues. She has particular expertise in advising clients on intellectual property and data rights issues under the Federal Acquisition Regulations and Bayh-Dole Act, and has significant experience in negotiation and compliance under non-traditional government agreements including Other Transaction Authority agreements (OTAs), Cooperative Research and Development Agreements (CRADAs), Cooperative Agreements, Grants, and Small Business Innovation Research agreements.
For well over a decade, Ms. Plitsch’s practice has focused on advising clients in the pharmaceutical, biologics and medical device industry and she advises such clients on all aspects of both commercial and non-commercial agreements with various government agencies including VA, HHS, DoD and USAID. She advises a range of life sciences clients on Federal Supply Schedule contracts, including the complex pricing requirements imposed on products under the Veterans Health Care Act, as well as the 340B program. She also has significant experience advising on the requirements of various programs under which vaccine products and biodefense medical countermeasures are procured by the Government, representing over a dozen clients in developing and supplying medical countermeasures in conjunction with the Biodefense Advanced Research and Development Authority, the National Institutes of Health and various Defense-related entities.
- Representation of contractor in competing for, and performing, various research and development contracts for development of vaccine technology and domestic production capacity with HHS as well as production contracts for various vaccine products with HHS, CDC, and state governments.
- Representation of contractor in bid protest litigation at the U.S. Court of Federal Claims regarding Military Housing Privatization Initiative competitions.
- Representation of contractor in federal trial and appellate court litigation regarding novel issues arising under the Contract Disputes Act.
- Advice to various pharmaceutical manufacturers regarding Federal Ceiling Price calculations for sales on the Federal Supply Schedules, administered by the VA, as well as other questions arising in the performance of contracts under the VA Master Agreement.
- Advice to various manufacturer's regard obligations under the TRICARE and 340B programs.
- Assistance to pharmaceutical manufacturer in investigation and assessing potential price reduction cause violations under its VA FSS contract.
- Advice to pharmaceutical manufacturers regarding ethical constraints in interactions with government healthcare providers.
- Advice regarding application of the Trade Agreements Act to various pharmaceutical products.
- Advice to contractor providing support services to the military in Iraq in responding to legislative requests for information and hearing testimony.
- Advice to foreign biodefense contractor in diligence review and acquisition of US biodefense manufacturer.
- Representation of construction contractor and its principal in debarment proceedings before FHWA.
- Representation of government contractor in challenging release of various contract information under the Freedom of Information Act.
Pro Bono
- Providing advice to the Washington Humane Society regarding the negotiation and performance of its contract with the D.C. Government.
- Representation various nonprofit contractors in negotiating and complying with government contracts, subcontracts and grants.
- Successful representation of two African American Farmers in claims of discriminatory lending practices against the United States Department of Agriculture.
- Successful representation of a putative class of inmates in challenging the use of five-point restraints in a Virginia state correctional facility.
Previous Experience
- United States Department of the Treasury, General Counsel’s Office (General Law and Ethics and Enforcement Sections), Honors Attorney (1998-1999)
January 2021
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 facing and develop plans and strategies in response. Reach out to our ...
Three Covington Partners Named Law360 MVPs
November 2, 2020
WASHINGTON—Law360 has named three Covington lawyers as MVPs. The awards single out lawyers from across numerous practice areas based on their success in high-stakes litigation, complex global matters, and record-breaking deals. The Covington lawyers recognized as Law360 MVPs are: Jay Carey was recognized for helping data services giant Optum successfully ...
October 22, 2020, Inside Government Contracts
On October 21, 2020 the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published a Request for Information (“RFI”) seeking voluntary submissions of workplace diversity and inclusion training information and materials from federal contractors, federal subcontractors, and their employees. The RFI was published pursuant to Executive ...
October 2020, Government Contracting Law Report
September 29, 2020, Inside Government Contracts
On September 22, 2020, President Trump issued the Executive Order on Combating Race and Sex Stereotyping (“EO”) establishing requirements aimed at “promoting unity in the Federal workforce,” by prohibiting workplace training on “divisive concepts,” including “race or sex stereotyping” and “race or sex scapegoating” as newly-defined in the EO. The EO is broadly ...
September 25, 2020, Covington Alert
On September 22, 2020, President Trump issued the Executive Order on Combating Race and Sex Stereotyping (“EO”) establishing requirements aimed at “promoting unity in the Federal workforce,” by prohibiting workplace training on “divisive concepts,” including “race or sex stereotyping” and “race or sex scapegoating” as newly-defined in the EO. The EO is broadly ...
August 18, 2020, Inside Government Contracts
The Government Accountability Office (“GAO”) released a decision on Friday finding that the Department of Homeland Security (“DHS”) followed the wrong order of succession after Secretary Kirstjen Nielsen resigned in April 2019. As a result, the Acting Secretaries who have served since then were invalidly selected. In particular, GAO has questioned the ...
August 14, 2020, Inside Government Contracts
Last week, President Trump issued an executive order aimed at encouraging the expansion American manufacturing of essential medical products — Executive Order on Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States (August 6, 2020) (the “Order”). The Order sets forth an ambitious plan requiring extensive ...
Trump's US-Made Drug Decree Sows Uncertainty In Industry
August 7, 2020, Law360
Jennifer Plitsch spoke with Law360 about a presidential executive order calling for federal agencies to be required to buy domestically produced versions of medicines. Ms. Plitsch says, “Those will be significant, certainly at the outset [of the order going into effect], in light of the current market.” She adds that under the definition of "produced in the ...
July 27, 2020, Inside Government Contracts
On July 2, 2020, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) promulgated a final rule resolving long-standing uncertainty regarding its enforcement authority over health care providers participating in TRICARE, a federal program that provides health care to service members, veterans, and their families.[1] The rule ...
June 23, 2020, Covington Alert
On June 22, 2020, President Trump issued a proclamation titled “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” (“June 22 Proclamation”). The June 22 Proclamation blocks the entry of foreign workers entering the United States on certain nonimmigrant visa categories, including H-1B, H-2B, ...
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 1, 2020, Covington Alert
The Coronavirus Aid, Relief, and Economic Security (CARES) Act opens up new Small Business Administration (SBA) loan opportunities to support many companies and nonprofit organizations with 500 or fewer employees.
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 27, 2020, Covington Alert
The Senate's version of the CARES Act and supplemental appropriations contain provisions important to the Department of Defense and companies who do business in the national security sector. The supplemental adds $10.5 billion to support defense needs, with a significant portion focused on the Defense Health Program. These appropriations include $415 million ...
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 ...
PAHPAI Reauthorizes Key Biodefense Initiatives and Provides Opportunities for Industry Partners
October 2019, Government Contracting Law Report
August 9, 2018, Biotech and Money
March 26, 2018, Thomson Reuters' Westlaw Journal Government Contracts
March 15, 2018, Covington Alert
On Tuesday, March 13, 2018, Oregon Governor Kate Brown signed into law House Bill 4005 (HB 4005), which imposes substantial new state reporting requirements on pharmaceutical manufacturers regarding drug pricing, including details on manufacturer-sponsored patient assistance programs.
Gov't Contracts Group Of The Year: Covington & Burling
January 24, 2018, Law360
Covington was named a 2017 Government Contracts Practice Group of the Year by Law360. According to Fred Levy, the group is unique due to the breadth and depth of experience that its attorneys have, and its seamless interaction with other top-tier practice groups at the firm. “I think we’re a very cohesive practice group,” he says. “It really incentivizes our ...
Wall to Mexico: Beautiful She Is, and Insurmountable
March 23, 2017, Die Zeit
Jennifer Plitsch is quoted in a Die Zeit article regarding the Department of Homeland Security’s request for U.S.-Mexico border-wall prototypes. Commenting on the short time frame interested companies have to create a concept, Plitsch says, “The schedule is breathtakingly close.”
November 1, 2016, BNA Federal Contracts Report
September 29, 2016, Law360
Jennifer Plitsch is quoted in a Law360 article regarding the U.S. Department of Labor's final rule requiring federal contractors to provide paid sick leave to employees. According to Plitsch, "I can't say we've had any clients who have said, 'I'm done with the federal government; I'm never going there again,' but I do think there is increasing concern about the ...
April 20, 2016, Covington Alert
The United States Department of Veterans Affairs (“VA”) recently announced a significant change in policy that will allow it to purchase drug products that were previously unavailable due to the Trade Agreements Act (“TAA”) because they were manufactured in countries with whom the United States does not have a procurement agreement in place. The VA has issued a ...
Leading Government Contracts Group Joins Covington
May 1, 2015
WASHINGTON, DC, May 1, 2015 — Covington is significantly expanding its government contracts practice with 20 lawyers from one of the nation’s top government contracts groups, including its former chair and leaders in contractor tort liability, bid protests, procurement fraud, trade secrets and employment. The group of five partners and 15 other lawyers from ...
April 2015, Government Contracting Law Report
March 10, 2015, BNA Federal Contracts Report
February 2, 2015, Covington E-Alert
2015, BNA Federal Contracts Report
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, ...
January 29, 2014, Covington E-Alert
November 25, 2013, Covington E-Alert
November 21, 2013, Covington E-Alert
U.S. Chamber Releases Covington Co-Authored Report on Chinese Opportunities in U.S. Infrastructure Sector
October 24, 2013
WASHINGTON, DC, October 24, 2013 — The U.S. Chamber of Commerce yesterday released a significant report, co-authored by Covington & Burling, assessing the opportunities for Chinese participation in the U.S. infrastructure sector. The other co-authors were the economic research and advisory firm The Rhodium Group and the strategic advisory firm Sphere Consulting. ...
Covington Promotes Nine Lawyers to Partnership
October 1, 2013
WASHINGTON, DC, October 1, 2013 — Covington & Burling is pleased to announce that it has elected nine lawyers to its partnership effective today. “We’re delighted to welcome these nine lawyers to our partnership,” said Timothy Hester, chair of Covington’s management committee. “They are all excellent lawyers who will bring great value and service to our ...
New Proposed Rules to Enhance Contractors’ Responsibilities in the Fight Against Human Trafficking
September 27, 2013, Covington E-Alert
Covington Advises MedImmune in Acquisition of Amplimmune
August 26, 2013
NEW YORK, August 26, 2013 — Covington & Burling is advising MedImmune, AstraZeneca’s global biologics research and development arm, on the acquisition of Amplimmune, a privately held biologics company focused on developing novel therapeutics in cancer immunology. Under the terms of the merger agreement, MedImmune will acquire Amplimmune shares for an initial ...
Department of Labor Moves Forward on Affirmative Action Regarding Individuals with Disabilities
August 8, 2013, Covington Advisory
July 26, 2013, Covington E-Alert
June 21, 2013, Covington E-Alert
April 12, 2013, Covington E-Alert
April 2013, The Procurement Lawyer
March 25, 2013, BNA's Health Care Policy Report
February 12, 2013, Covington E-Alert
HHS Proposes to Amend Acquisition Regulations Regarding Application of Bayh-Dole Act and Data Rights
January 18, 2013, Covington E-Alert
January 18, 2013, Covington E-Alert
October 12, 2012, Covington E-Alert
Covington Advises Meda on Acquisition of Jazz Pharmaceuticals’ Women’s Health Products
September 6, 2012
LONDON, 06 September, 2012 — Covington & Burling LLP acted as legal advisers to Meda in an agreement with Jazz Pharmaceuticals to acquire a portfolio of six pharmaceutical products for women for $95 million in cash. The largest and most important product in the portfolio is Elestrin, a patented product with sales of almost 100 MSEK, that doctors prescribe for ...
August 1, 2012, Covington E-Alert
May 2, 2012
SAN FRANCISCO, May 2, 2012 — Covington & Burling LLP advised the University of California, Santa Cruz on the creation of a national, federally-financed bioinformatics database. The database will serve as a secure repository for storing, cataloging, and accessing cancer genome sequences, alignments, and mutation information from leading cancer-related projects ...
Overview of the "Big Four" and the VHCA
May 2012, ACI "Big Four" Pharmaceutical Pricing Boot Camp
4/23/2012
NEW YORK, April 23, 2012 — Covington & Burling represented Thomson Reuters in a definitive agreement to sell its Healthcare business to an affiliate of Veritas Capital for $1.25 billion in cash. The sale, expected to close in the next few months, is subject to regulatory approval and customary closing conditions, including the expiration or termination of ...
April 16, 2012, Covington E-Alert
March 15, 2012, Covington E-Alert
January 18, 2012, Covington E-Alert
January 3, 2012, Covington E-Alert
June 15, 2011, Covington E-Alert
HRSA Issues Proposed Rule Implementing Orphan Drug Exclusion for Certain 340B Program Purchases
June 1, 2011, Covington E-Alert
May 31, 2011, Covington E-Alert
May 18, 2011, Covington E-Alert
April 26, 2011, BNA's Federal Contracts Report
March 15, 2011
NEW YORK, March 15, 2011 — Covington & Burling LLP advised ClaimTrust, Inc. in the company’s recent sale to Craneware PLC (AIM: CRW.L). Craneware PLC is the market leader in automated revenue integrity solutions for the U.S. healthcare market. ClaimTrust, Inc. is a software-as-a-service revenue cycle technology provider to hospitals in the United States. The ...
March 7, 2011, Covington E-Alert
February 2, 2011, Covington E-Alert
Federal Government Contracts Pricing: FSS, VA, DOD, and More
November 2009, ACI Rx Drug Pricing Conference
Final Rule Requires Federal Contractors to Certify Regarding Certain Business Activities in Sudan
August 17, 2009, Covington E-Alert
April 14, 2009, Covington E-Alert
Covington Announces Four New Counsel
4/7/2009
WASHINGTON, DC, April 7, 2009 — Covington & Burling LLP is pleased to announce the promotion of four lawyers to of counsels and special counsels. The new of counsels are as follows: Heather Haberl represents local, regional, and national owners, developers, property managers, tax-exempt organizations, and other users in all aspects of real estate ...
March 25, 2009, Covington E-Alert
February 5, 2009, Covington E-Alert
December 8, 2008, Covington E-Alert
8/7/2008
WASHINGTON, DC, August 7, 2008 — On August 5, Intercell AG completed its acquisition of Iomai Corporation (now known as Intercell USA, Inc.) in a deal that will create a leading traveler’s vaccine portfolio. Covington & Burling LLP advised Intercell on the transaction. Intercell is a growing biotechnology company which focuses on the design and development of ...
February 4, 2008, Covington E-Alert
- Law360, Life Sciences MVP (2020)
- Legal 500 US, Government Contracts (2016-2018)
- Washington DC Super Lawyers, Government Contracts (2014-2020)
- Charles F.C. Ruff Pro Bono Lawyer of the Year (2001)
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