
Biography
Brian Darst focuses his practice on legal matters involving government and commercial contracts law. He has experience handling bid protests, claims preparation and litigation, internal investigations, procurement fraud investigations, and various contract formation and administration issues.
Brian has successfully represented numerous small, medium and large businesses 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 contracting issues and has conducted public and private seminars at various locations throughout the United States, as well as in Australia, Brazil, and Japan. Prior to entering private practice in 1991, Brian 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.
Published Works
- Understanding Uses of and Limitations on Liquidated Damages for Delays in Federal Government Contracts, 19-9 Briefing Papers ( August 1, 2019 )
- Picking Up The Pieces After The Government Shutdown: Understanding Your Contractual Rights To Relief For Delays & Disruptions Caused By The Lack Of Current Appropriations ( November 26, 2013 )
- The Christian Doctrine at 50: Unraveling The Federal Procurement System’s Gordian Knot ( October 26, 2013 )
- After the Shutdown Ends: Getting Back on Track ( October 21, 2013 )
- Government Contract Types-Practical Implications of the Government’s Use of Different Contact Vehi ( December 14, 2010 )
- Fundamentals of Government Contracting ( June 15, 2006 )
- Commercial Item Acquisitions ( January 10, 2006 )
- Sales Commissions & Contingent Fees in Government Contracts ( September 18, 2005 )
- Subcontract Incorporation-By-Reference and Flowdown Clauses Under Federal Government Construction ( June 10, 2005 )
- Managing Intellectual Property ( February 20, 2005 )
- Feature Comment Foundations of Government Construction Contracting: Regulatory And Statutory Fram ( June 25, 2004 )
- Feature Comment Foundations of Government Construction Contracting: Regulatory And Statutory Fram ( June 11, 2004 )
- Feature Comment Foundations of Government Construction Contracting: Regulatory And Statutory Fram ( May 28, 2004 )
- Feature Comment Foundations of Government Construction Contracting: Regulatory And Statutory Framew ( May 14, 2004 )
- EPC/Design-Build Construction ( May 13, 2004 )
- Feature Comment Foundations of Government Construction Contracting: Regulatory And Statutory Fram ( April 30, 2004 )
- Feature Comment Foundations of Government Construction Contracting: Regulatory And Statutory Fram ( April 16, 2004 )
- Government Construction Contracting ( November 14, 2003 )
- Concentrated Course in Government Contracting ( October 19, 2003 )
Classes & Seminars
- Recurring Public/In-House Seminars: “Made in America",Domestic Product and Service Preferences in Federal Procurement, Federal Publications Seminars
- Recurring Public/In-House Seminars: Contracting For Services, Federal Publications Seminars
- Recurring Public/In-House Seminars: Types of Contracts, Federal Publications Seminars
- Recurring Public/In-House Seminars: Fundamentals of Government Contracting, Federal Publications Seminars
- Recurring Public/In-House Seminars: The Basics of Commercial Contracting, Federal Publications Seminars
- Recurring Public/In-House Seminars: Introduction to Government Construction Contracting, Federal Publications Seminars
- Recurring Public/In-House Seminars: Ethics in Government Contracting
- 2010, 2011: GAO’s Principles of Federal Appropriations Law, Government Horizons, Arlington, VA
- April 2013: Basics of Government Contracting, Austal USA, Mobile, AL
- February 2013: Joint Ventures Under SBA’s Joint Venture & Mentor Protégé Rules, National Contract Management Association, Aloha Chapter, Honolulu, HI
- December 2012: Domestic Product and Service Preferences in Federally Funded Procurements & Grants, Port of Seattle, Seattle-Takoma International Airport, WA
- November 2012: The FAR Workshop, BAE Systems Australia, Melbourne, Australia
- April 2012: Fundamentals Of Government Construction Contracting, International Boundary & Water Commission, El Paso, TX
- February 2012: Preparing Effective Proposals, Federal Publications Seminars, Las Vegas, NV
- October 2011: Organizational & Personal Conflicts Of Interest, Naval Air Systems Command, Naval Air Station Patuxent River, MD
- September 2011: Introduction To Government Contract Law, Social Security Administration, Baltimore, MD
- July 2011: Changes & Equitable Adjustments in Government Contracts, US Army Sustainment Command, Rock Island, IL
- June 2011: The FAR Workshop, TASC, Inc., Herndon, VA
- June 2011: Changes & Claims In Government Construction Contracts, Guam Procurement Technical Assistance Center, Guam Contractors Association &Small Business Development Center, Tumon, Guam
- June 2011: Facilitating Teaming Agreements Under SBA’s New Joint Venture & Mentor Protégé Rules, Guam Procurement Technical Assistance Center, Guam Contractors Association &Small Business Development Center, Tumon, Guam
- May 2011: Facilitating Teaming Agreements Under SBA’s New Joint Venture & Mentor Protégé Rules, General Contractors Association –Hawaii &Nan, Inc., Honolulu, HI
- October 2010: Commercial Item Acquisitions In Government Contracting, Naval Air Systems Command, Naval Air Station Patuxent River, MD
- March 2010: Government Contract Management, Hewlett Packard, Herndon, VA
Practice Areas
- Government Contracts
Education
- West Virginia University College of Law, Morgantown, West Virginia
- J.D. - 1987
- Honors: Order of the Coif (top 10 percent)
- Marshall University
- B.A. - 1984
- Honors: summa cum laude
Bar Admissions
- Virginia
- District of Columbia
- West Virginia
- U.S. Supreme Court
- U.S. Court of Federal Claims
- U.S. Court of Appeals Federal Circuit
- U.S. Court of Appeals 4th Circuit
- U.S. District Court Eastern District of Virginia
- U.S. District Court Southern District of West Virginia
- U.S. District Court for the District of Columbia
Past Positions
- United States Navy’s Office of General Counsel, Attorney