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Education

  • J.D., George Washington School, The National Law Center, with honors, 1985
  • B.A., College of the Holy Cross, magna cum laude, 1982

Bar Admissions

  • Massachusetts
  • District of Columbia
  • Maryland
  • Virginia

Memberships & Affiliations

Massachusetts, Virginia, Maryland and District of Columbia Bar Associations

American Bar Association, Public Contract and Litigation Sections

Chair, Boston Lawyers Division of the Federalist Society for Law & Public Policy Studies

NCMA Boston, Board of Directors

Daniel J. Kelly

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Partner
  • T: 617.449.6526
    F: 617.326.3088

Mr. Kelly leads the firm’s government contracts group. His practice combines both counseling and acting as an advocate on behalf of clients doing business in the commercial and government marketplaces. Mr. Kelly has extensive experience in the fields of federal and state procurement law, commercial contracting, licensing, and business and intellectual property litigation. He helps businesses negotiate their commercial contracts with customers and vendors. He counsels clients when disputes arise and defends them in court and arbitration proceedings. Mr. Kelly has knowledge of the government contracting process both on a federal and state level, and the specific laws, regulations, contract clauses and dispute resolution mechanisms in this specialized area. He provides advice and guidance to clients who are in the government supply chain, either as prime contractors, subcontractors or vendors. He reviews government solicitations with clients, prepares proposals, and negotiates teaming arrangements and subcontracts with other suppliers. He helps clients build and enhance their compliance programs.  He assists clients in protecting their intellectual property and proprietary information concerning their businesses when doing business with the government. He advocates for clients who wrongfully were passed over for a contract award. He prepares claims arising under government contracts as a result of change orders, delays, and terminations for default or convenience.

Dan (together with his colleagues David Himelfarb and Bonnie Vanzler) most recently represented Agiltron, Inc. and two of its wholly owned subsidiaries in successfully negotiating with the United States Air Force Suspension and Debarment Official an Administrative Agreement, effective July 26, 2013, terminating a suspension barring them from obtaining federal government contracts and grants.

Mr. Kelly is Chair of the Boston Lawyers Division of the Federalist Society for Law & Public Policy Studies. He is also on the Board of Directors for NCMA Boston (National Contract Management Association).

Mr. Kelly is an adjunct member of the faculty at Suffolk University Law School where he teaches Government Contracts.

Representative Matters

Government Contractor Suspension Lifted – Agiltron, Inc.
Led by Dan Kelly, a team of McCarter & English attorneys successfully represented Agiltron, Inc., Nanotrons Corp., and Agiltron Development Corp. in their negotiations with the Department of the Air Force Suspension and Debarment Official of an Administrative Agreement providing for the July 26, 2013 termination of their suspension from federal government contracting.
Prevailed in Bid Protest against DISA
Represented Batelco, the Bahraini telecommunications company, in a protest before the Government Accountability Office (GAO), Bahrain Telecommunications Company, B.S.C., B-407682.2, B-407682.3 (Jan 28, 2013), challenging an award by the Defense Information Systems Agency (DISA), Defense Information Technology Contracting Organization (DITCO) for a communications circuit. GAO found that the agency’s technical evaluation of the awardee was unreasonable and flawed, sustained the protest and awarded Batelco costs and reasonable attorneys fees.
Settlement of Executive Compensation of President of Defense Contractor
Reached favorable settlement on behalf of a defense contractor client whose President’s executive compensation was challenged as unreasonable and allowable by the Defense Contract Audit Agency and the Defense Contract Management Agency.
Small Woman-Owned Business
Counseling of small woman-owned business on (a) bidding on and performing SBIR Phase I and II contracts for the Department of Defense and NASA, (b) entering into partnering relationships and subcontracts for the performance of government contracts, and (c) protecting and preserving ownership and control of inventions, technical data and computer software.
Subcontractor
Representation of subcontractor in connection with $9 million claim by top defense contractor resulting from alleged failure to adhere to contract specifications and meet contractual deadlines. Claim included delay damages, unabsorbed overhead, reprocurement costs, and cost of monies. In connection with same matter, pursued $6 million counterclaim for monies as a result of value engineering change proposal ("VECP") and changes to contract specifications and statement of work. Worked with outside claims analysts and technical experts to produce 150 page response and counterclaim. Resulted in successful negotiation of settlement of all outstanding claims among awarding authority, prime contractor and subcontractor. Litigation was avoided and client received follow-on work from the prime contractor.

Speaking

11/04/14
National Contract Management Association, Government Contract Management Symposium in Washington DC
03/26/14
National Contract Management Association, 2014 Subcontract Management Training Forum
03/12/14
National Contract Management Association, The 53rd Annual March Workshop
02/11/14