Biography
Brian Darst focuses his practice on legal matters involving government and commercial contracts law. He has experience handling bid protests, size and eligibility protests, Requests for equitable Adjustment/claim preparation and litigation, internal investigations, procurement fraud investigations, Civil False Claims Act defenses, and various formation, contract administration, compliance and Mergers & Acquisition issues related to federal service, supply and construction prime contracts and subcontracts.
Brian has successfully represented numerous small, medium and large businesses before the United States Government Accountability Office, the Armed Services and Civilian Boards of Contract Appeals, the Small Business Administration, the Federal Aviation Administration’s Office of Dispute Resolution for Acquisition, District Courts, the United States Court of Federal Claims, and other 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 for private companies in Australia and Brazil and the U.S. Department of Defense in 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
- Exclusivity Agreements—Uses And Limitations Under FAR 52.203-6, “Restrictions On Subcontractor Sales To The Government”, 24-4 Briefing Papers (March 2024)
- Understanding Uses of and Limitations on Liquidated Damages for Delays in Federal Government Contracts, 19-9 Briefing Papers (August 2019) Contracting for Services Course Manual (Federal Publications Seminars, 2014)
- Contracting for Services Course Manual (Federal Publications Seminars, 2014)
- Picking Up The Pieces After The Government Shutdown: Understanding Your Contractual Rights To Relief For Delay & Disruptions Cause By The Lack of Current Appropriations, 54-11, Guam Contractors’ Ass’n Construction News Bulletin (November 2013)
- The Christian Doctrine at 50: Unraveling The Federal Procurement System’s Gordian Knot, 13-11 Briefing Papers (October 2013)
- Government Contract Types-Practical Implications of the Government’s Use of Different Contact Vehicles, National Contract Management Ass’n, Contract Management (December 2010)
- Fundamentals of Government Contracting Course Manual (Federal Publications Seminars, 2006)
- Commercial Item Acquisitions Course Manual (Federal Publications Seminars, 2006 )
- Sales Commissions & Contingent Fees in Government Contracts, 05-10 Briefing Papers (September 2005)
- Subcontract Incorporation-By-Reference and Flowdown Clauses Under Federal Government Construction, 05-07 Briefing Papers (June 2005 ) & 2005-3 Construction Briefings (March 2005)
- Managing Intellectual Property Course Manual (Federal Publications Seminars, 2005)
- Feature Comment Foundations of Government Construction Contracting: Regulatory And Statutory Framework, Parts I through VI, 28-8 through 28-13 Construction Contracts Law Report (April 16-June 25, 2004)
- Terminations In Federal Construction Contracting: Parts I & II, 2004-3 and 2004-4 Construction Briefings (March-April 2004)
- EPC/Design-Build Construction Course Manual (Federal Publications Seminars, 2004)
- Introduction To Government Construction Contracting Course Manual (Federal Publications Seminars, 2003)
- Concentrated Course in Government Contracting (Federal Publications Seminars, 2003)
Classes & Seminars
- Fundamentals and Basics of Government Contracting under the FAR and DFARS
- Administration of Government Contracts
- Changes, Equitable Adjustments & Claims
- Contracting for Services
- The Service Contract Act
- Introduction to Government Construction Contracting
- Design-Build Construction Contracting
- The Davis Bacon Act
- Changes, Delays & Accelerations In Government Construction Contracts
- Domestic Product and Service Preferences in Federally Funded Procurements & Grants
- Commercial Item Acquisitions in Government Contracting
- Types of Contracts Under The FAR
- Preparing Effective Proposals
- Technical Data Rights Under the FAR & DFARS
- Licensing Software Products To The Government
- Managing Subcontracts
- Federal Government Subcontracts, Bridging the Gap Between Commercial & Government Contracting Practices
- Teaming Agreements & Joint Ventures Under SBA’s Joint Venture & Mentor Protégé Rules
- Principles of Federal Appropriations Law
- Perfecting Assignments of Claims Under Government Contracts
- Organizational & Personal Conflicts Of Interest
- Government Contracts Ethics & Compliance
- Mandatory Disclosure Requirements Under the FAR
- The Basics of Commercial Contracting
Practice Areas
- Government Contracts
Education
- West Virginia University College of Law, Morgantown, West Virginia
- J.D. - 1987
- Honors: Manuscript Editor, West Virginia Law Review
- Honors: Order of the Coif (top 10 percent)
- Law Review, West Virginia University Law Review
- 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 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
- U.S. Court of Federal Claims
Past Positions
- United States Navy’s Office of General Counsel, Attorney