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Brian A. Darst
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Brian A. Darst is Of Counsel with the firm, and focuses his practice on legal matters involving government and commercial contracts law. He has experience handling bid protests, claims preparation and litigation, internal investigations, voluntary disclosures, procurement fraud investigations, and various contract formation and administration issues.
Mr. Darst has successfully represented numerous small, medium and large corporate clients before the United States Government Accountability Office, Boards of Contract Appeals, the Small Business Administration, the Federal Aviation Administration, District Courts, the United States Court of Federal Claims, and various state courts and administrative bodies. He is a frequent lecturer on government and commercial contracting issues. Prior to entering private practice in 1991, Mr. Darst served as an attorney with the United States Navy's Office of General Counsel and represented the Navy in matters involving the acquisition and administration of service and supply contracts for the Naval Sea Systems Command.
Practice Areas:
- Claims & Disputes
- Bid Protests & Defenses
- Small Business Matters
- Government Contracts
- Construction Contracts
- Commercial Contracts
- State & Local Contracting
- Internal Investigation & Voluntary Disclosures
- Suspension & Debarment Proceedings
- Compliance Counseling
- Procurement Fraud
- Contract Formation & Contract Administration
- Subcontracting Issues
- Mergers & Acquisitions of Government Contracts
Education:
-
J.D., West Virginia University, 1987
- West Virginia University Law Review
- Order of the Coif (top 10 percent)
- B.A., Summa Cum Laude, Marshall University, 1984
Publications:
Books
- Fundamentals of Government Contracting (Federal Publications, 2006)
- Commercial Item Acquisitions (Federal Publications, 2006
- Managing Intellectual Property (Federal Publications, 2005)
- EPC/Design-Build Construction (Federal Publications, 2004
- Concentrated Course in Government Contracting,(Federal Publications, 2003)
- Government Construction Contracting, (Federal Publications, 2003)
- Contracting For Services, (Federal Publications, 2002)
Articles
- Government Contract Types-Practical Implications of the Government's Use of Different Contact Vehicles to Acquire Goods, Services & Construction, Argy, Wiltse & Robinson, P.C. Client Alert (March 2010) (coauthored with Mark K. Roberts)
- Sales Commissions & Contingent Fees in Government Contracts, Briefing Papers No. 05-10 (September 2005)
- Subcontract Incorporation-By-Reference and Flowdown Clauses Under Federal Government Construction Projects, Construction Briefings No. 2005-3 (April 2005), reprinted in, Briefing Papers 2nd No. 05-07 (June 2005
- Feature Comment, Foundations of Government Construction Contracting: Regulatory And Statutory Framework Part VI, (Liquidated Damages), 28 Construction Contracts Law Report 156 (June 25, 2004)
- Feature Comment, Foundations of Government Construction Contracting: Regulatory And Statutory Framework Part V, (Subcontractor/Supplier Issues: The Miller Act), 28 Construction Contracts Law Report 145 (June 11, 2004)
- Feature Comment, Foundations of Government Construction Contracting: Regulatory And Statutory Framework Part IV, (Socio-Economic Policies Applicable to Government Construction Contracts), 28 Construction Contracts Law Report 137 (May 28, 2004)
- Feature Comment, Foundations of Government Construction Contracting: Regulatory And Statutory Framework Part III, (Selected Labor Standards For Construction Contracts - Miscellaneous Statutory Requirements), 28 Construction Contracts Law Report 120 (May 14, 2004)
- Feature Comment, Foundations of Government Construction Contracting: Regulatory And Statutory Framework Part II, (Selected Labor Standards For Construction Contracts - The Davis Bacon Act), 28 Construction Contracts Law Report 110 (Apr. 30, 2004)
- Feature Comment, Foundations of Government Construction Contracting: Regulatory And Statutory Framework Part I, 28 Construction Contracts Law Report 100 (Apr. 16, 2004)
Speeches:
- Federal Publications Seminar, Types of Contracts, 2006 - Present
- Federal Publications Seminar, Fundamentals of Government Contracting, 2005 - Present
- Federal Publications Seminar, The Basics of Commercial Contracting, 2003 - Present
- Federal Publications Seminar, Government Construction Contracting, 2003 - Present
- Government Horizons, GAO's Principles of Federal Appropriations Law, Arlington, VA, July 2010
- Hewlett Packard, Government Contract Management, Herndon, VA March 2010
- North Texas Chapter, NCMA, Types of Contracts, Practical Implications When Using Different Contract Vehicles & Procurement Approaches, Garland, TX, September 2009
- Maryland Association of CPAs, Organizational & Personal Conflicts of Interest, Rockville, MD, September 2009
- ITT Advanced Engineering, Managing Subcontracts, Bridging the Gap Between Commercial & Government Contracting Practices, Alexandria, VA June 2009
- Northrop Grumman Shipbuilding, Managing Subcontracts, Bridging the Gap Between Commercial & Government Contracting Practices, Pascagoula, MS, September 2008
- Hawaii Chapter, Associated Builders and Contractors, Changes & Claims in Government ConstructionContracts, Honolulu, HI, August 2008
- Guam Contractors Association, The Davis Bacon Act, Tumon, GU, August 2008
- Northrop Grumman Information Systems, Types of Government Contracts, Herndon, VA June 2008
- L-3 Communications Integrated Systems, Basics of Government Contracts, Greenville, TX, May 2008
- Defense Distribution Depot Susquehanna, The Service Contract Act, New Cumberland, PA, April 2008
- Forth Worth Chapter NCMA, Types of Contracts, Fort Worth, TX, February 2008
- University of Hawaii, The FAR Workshop, Honolulu, HI, January 2008
- University of Nevada, Reno, Introduction to Government Construction Contracting, Reno, NV, November 2007
- TYBRIN Corp., The Service Contract Act, Fort Walton Beach, FL, September 2007
- B.F. Goodrich Landing Gear Division, Managing Subcontracts, Cleveland, OH, September 2007
- Federal Publication Seminars, Managing Subcontracts, Washington, D.C., September 2007
- Hawaii Chapter, Associated Builders and Contractors, The Davis-Bacon & Related Acts, Practical & Legal Implications, Honolulu, HI, August 2007
- Fort Worth Chapter, NCMA, Basics of Commercial Contracting, Fort Worth, TX, May 2007
- Indian Health Service, Introduction to Government Construction Contracting, Phoenix, AZ, April 2007
- M/A-COM, Inc., Domestic Product Preferences n Federal Government Contracts, Lexington, VA, February 2007
- Hansom Air Forces Base, Technical Data Rights Under the FAR & DFARS, Lexington, MA, June 2006
- Lockheed Martin Corp., Contract Types Under the FAR, Fort Worth, TX, Palmdale, CA & Marietta, GA, April 2006, June & December 2006
- South Florida Water Management District, The Davis Bacon Act, West Palm Beach, FL, March 2006
- The Bonneville Power Administration, Construction Contracting Under the BPI, Portland, OR, February 2006
- Puget Sound Naval Shipyard and Intermediate Maintenance Facility, Introduction to U.S. Government Contracting, Bremerton, WA, September 2005
- Newport News Shipbuilding & Dry-dock Co., Introduction to the FAR System, Newport News, VA, July 2005
- Embraer, Empresa Brasileira de Aeronautica, S.A.,U.S. Government Contracting Policies and Procedures, Sao Paulo, Brazil, March 2005
- Hawaii Chapter, Associated Builders and Contractors, Ethics in Government Contracting, Honolulu, HI, August 2004
- United States Marine Corp, Basics of Government Contracting, Okinawa, Japan, June 2003
Admitted to Practice:
- Virginia
- District of Columbia
- West Virginia
- U.S. Supreme Court
- U.S. Court of Federal Claims
- Court of Appeals for the Federal Circuit
- Court of Appeals for the Fourth Circuit
- U.S. District Court, Eastern District of Virginia
- U.S. District Court, Southern District of West Virginia
Biography | Publications |
Brian A. Darst is Of Counsel with the firm, and focuses his practice on legal matters involving government and commercial contracts law. He has experience handling bid protests, claims preparation and litigation, internal investigations, voluntary disclosures, procurement fraud investigations, and various contract formation and administration issues.
Mr. Darst has successfully represented numerous small, medium and large corporate clients before the United States Government Accountability Office, Boards of Contract Appeals, the Small Business Administration, the Federal Aviation Administration, District Courts, the United States Court of Federal Claims, and various state courts and administrative bodies. He is a frequent lecturer on government and commercial contracting issues. Prior to entering private practice in 1991, Mr. Darst served as an attorney with the United States Navy's Office of General Counsel and represented the Navy in matters involving the acquisition and administration of service and supply contracts for the Naval Sea Systems Command.
Practice Areas:
- Claims & Disputes
- Bid Protests & Defenses
- Small Business Matters
- Government Contracts
- Construction Contracts
- Commercial Contracts
- State & Local Contracting
- Internal Investigation & Voluntary Disclosures
- Suspension & Debarment Proceedings
- Compliance Counseling
- Procurement Fraud
- Contract Formation & Contract Administration
- Subcontracting Issues
- Mergers & Acquisitions of Government Contracts
Education:
-
J.D., West Virginia University, 1987
- West Virginia University Law Review
- Order of the Coif (top 10 percent)
- B.A., Summa Cum Laude, Marshall University, 1984
Publications:
Books
- Fundamentals of Government Contracting (Federal Publications, 2006)
- Commercial Item Acquisitions (Federal Publications, 2006
- Managing Intellectual Property (Federal Publications, 2005)
- EPC/Design-Build Construction (Federal Publications, 2004
- Concentrated Course in Government Contracting,(Federal Publications, 2003)
- Government Construction Contracting, (Federal Publications, 2003)
- Contracting For Services, (Federal Publications, 2002)
Articles
- Government Contract Types-Practical Implications of the Government's Use of Different Contact Vehicles to Acquire Goods, Services & Construction, Argy, Wiltse & Robinson, P.C. Client Alert (March 2010) (coauthored with Mark K. Roberts)
- Sales Commissions & Contingent Fees in Government Contracts, Briefing Papers No. 05-10 (September 2005)
- Subcontract Incorporation-By-Reference and Flowdown Clauses Under Federal Government Construction Projects, Construction Briefings No. 2005-3 (April 2005), reprinted in, Briefing Papers 2nd No. 05-07 (June 2005
- Feature Comment, Foundations of Government Construction Contracting: Regulatory And Statutory Framework Part VI, (Liquidated Damages), 28 Construction Contracts Law Report 156 (June 25, 2004)
- Feature Comment, Foundations of Government Construction Contracting: Regulatory And Statutory Framework Part V, (Subcontractor/Supplier Issues: The Miller Act), 28 Construction Contracts Law Report 145 (June 11, 2004)
- Feature Comment, Foundations of Government Construction Contracting: Regulatory And Statutory Framework Part IV, (Socio-Economic Policies Applicable to Government Construction Contracts), 28 Construction Contracts Law Report 137 (May 28, 2004)
- Feature Comment, Foundations of Government Construction Contracting: Regulatory And Statutory Framework Part III, (Selected Labor Standards For Construction Contracts - Miscellaneous Statutory Requirements), 28 Construction Contracts Law Report 120 (May 14, 2004)
- Feature Comment, Foundations of Government Construction Contracting: Regulatory And Statutory Framework Part II, (Selected Labor Standards For Construction Contracts - The Davis Bacon Act), 28 Construction Contracts Law Report 110 (Apr. 30, 2004)
- Feature Comment, Foundations of Government Construction Contracting: Regulatory And Statutory Framework Part I, 28 Construction Contracts Law Report 100 (Apr. 16, 2004)
Speeches:
- Federal Publications Seminar, Types of Contracts, 2006 - Present
- Federal Publications Seminar, Fundamentals of Government Contracting, 2005 - Present
- Federal Publications Seminar, The Basics of Commercial Contracting, 2003 - Present
- Federal Publications Seminar, Government Construction Contracting, 2003 - Present
- Government Horizons, GAO's Principles of Federal Appropriations Law, Arlington, VA, July 2010
- Hewlett Packard, Government Contract Management, Herndon, VA March 2010
- North Texas Chapter, NCMA, Types of Contracts, Practical Implications When Using Different Contract Vehicles & Procurement Approaches, Garland, TX, September 2009
- Maryland Association of CPAs, Organizational & Personal Conflicts of Interest, Rockville, MD, September 2009
- ITT Advanced Engineering, Managing Subcontracts, Bridging the Gap Between Commercial & Government Contracting Practices, Alexandria, VA June 2009
- Northrop Grumman Shipbuilding, Managing Subcontracts, Bridging the Gap Between Commercial & Government Contracting Practices, Pascagoula, MS, September 2008
- Hawaii Chapter, Associated Builders and Contractors, Changes & Claims in Government ConstructionContracts, Honolulu, HI, August 2008
- Guam Contractors Association, The Davis Bacon Act, Tumon, GU, August 2008
- Northrop Grumman Information Systems, Types of Government Contracts, Herndon, VA June 2008
- L-3 Communications Integrated Systems, Basics of Government Contracts, Greenville, TX, May 2008
- Defense Distribution Depot Susquehanna, The Service Contract Act, New Cumberland, PA, April 2008
- Forth Worth Chapter NCMA, Types of Contracts, Fort Worth, TX, February 2008
- University of Hawaii, The FAR Workshop, Honolulu, HI, January 2008
- University of Nevada, Reno, Introduction to Government Construction Contracting, Reno, NV, November 2007
- TYBRIN Corp., The Service Contract Act, Fort Walton Beach, FL, September 2007
- B.F. Goodrich Landing Gear Division, Managing Subcontracts, Cleveland, OH, September 2007
- Federal Publication Seminars, Managing Subcontracts, Washington, D.C., September 2007
- Hawaii Chapter, Associated Builders and Contractors, The Davis-Bacon & Related Acts, Practical & Legal Implications, Honolulu, HI, August 2007
- Fort Worth Chapter, NCMA, Basics of Commercial Contracting, Fort Worth, TX, May 2007
- Indian Health Service, Introduction to Government Construction Contracting, Phoenix, AZ, April 2007
- M/A-COM, Inc., Domestic Product Preferences n Federal Government Contracts, Lexington, VA, February 2007
- Hansom Air Forces Base, Technical Data Rights Under the FAR & DFARS, Lexington, MA, June 2006
- Lockheed Martin Corp., Contract Types Under the FAR, Fort Worth, TX, Palmdale, CA & Marietta, GA, April 2006, June & December 2006
- South Florida Water Management District, The Davis Bacon Act, West Palm Beach, FL, March 2006
- The Bonneville Power Administration, Construction Contracting Under the BPI, Portland, OR, February 2006
- Puget Sound Naval Shipyard and Intermediate Maintenance Facility, Introduction to U.S. Government Contracting, Bremerton, WA, September 2005
- Newport News Shipbuilding & Dry-dock Co., Introduction to the FAR System, Newport News, VA, July 2005
- Embraer, Empresa Brasileira de Aeronautica, S.A.,U.S. Government Contracting Policies and Procedures, Sao Paulo, Brazil, March 2005
- Hawaii Chapter, Associated Builders and Contractors, Ethics in Government Contracting, Honolulu, HI, August 2004
- United States Marine Corp, Basics of Government Contracting, Okinawa, Japan, June 2003
Admitted to Practice:
- Virginia
- District of Columbia
- West Virginia
- U.S. Supreme Court
- U.S. Court of Federal Claims
- Court of Appeals for the Federal Circuit
- Court of Appeals for the Fourth Circuit
- U.S. District Court, Eastern District of Virginia
- U.S. District Court, Southern District of West Virginia