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  • 2018 Symposium on the Canadian Defence and Security Market

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    IP Rights Under NASA and DoD “Other Transaction” Agreements—Inventions and Patents  

  • Doing Business with U.S. Department of Defense PowerPoint Presentation

Education

  • J.D., George Washington University Law School, with honors, 1985 (formerly George Washington University, The National Law Center)
  • B.A., College of the Holy Cross, Russian Studies, 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

Board Member, New England Chapter of National Defense Industrial Association

Daniel J. Kelly

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Partner
  • T: 617.449.6526
    F: 617.326.3088

Dan brings over thirty years of experience to the firm’s government contracts group. His practice combines both counseling and acting as an advocate on behalf of clients doing business in the government marketplace. Dan 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’s practice extends to a broad spectrum of industries and federal and state authorities for whom they supply research, products and services, including emerging and established biomedical, intelligence, pharma, security, and textile R&D, manufacturing and production houses working under prime and subcontracts, SBIRs, CRADAs, OTAs, and grants for DoD and civilian agencies; Medicare and Medicaid audit and investigation service providers; commercial software developers who modify their software for military applications; professional services providers; and raw materials and component suppliers to large military prime contractors.

Dan is the author of the August 2018 edition Thomson Reuters’ Briefing Papers, which provides a comprehensive review of patent rights under “Other Transaction Agreements” (OTAs) with DoD and NASA. Heavily promoted by Congress, and only partially understood by industry, OTAs are quickly becoming DoD’s and NASA’s contractual vehicle of choice to lure commercial companies to sell the Government their latest and greatest technologies. However, OTAs are not governed by standard government contracts laws and regulations, meaning there are significant changes to the common provisions of ownership and license rights incident to government contracts and grants. The Briefing Paper should be required reading before entities enter into an OTA as a vehicle for developing new technologies for NASA and DoD to ensure their company’s intellectual property efforts are properly protected

In the matters, AdvanceMed Corporation, B-415360,B-415360.2,B-415360.3 (Dec 19, 2017), and AdvanceMed Corporation, B-414373.3 (Jan 10, 2018) Dan and the Government Contracts team at McCarter successfully defended its client Health Integrity, LLC (now Qlarant) against protests launched at the Government Accountability Office challenging awards by the Centers for Medicare and Medicaid Services (CMS) for Medicare and Medicaid audit and program integrity services.  

Dan serves on the Board of Directors for NCMA Boston (National Contract Management Association) and NDIA New England (National Defense Industrial Association), and is a frequent speaker at NCMA and NDIA events.

Dan serves as an adjunct member of the faculty at Suffolk University Law School where he has taught Government Contracts.

Dan receives Mentor of the Year Award in recognition of his contributions and support to NCMA Boston Chapter’s 2017-2018 Program Year.

Representative Matters

Represented Agiltron, Inc. and two of its wholly owned subsidiaries in successfully negotiating and seeing its client through the successful termination of an Administrative Agreement with the United States Air Force Suspension and Debarment Official, ending July 26, 2016, removing a suspension barring Agiltron from obtaining federal government contracts and grants.
Negotiated Commercial Software License and Maintenance Agreement with Large Prime Defense Contractor
Provided Advice On Organizational Conflicts of Interest Disclosures to HHS Audit Services Provider
Represented Superstorm Sandy Services Provider in Arbitration Against State of New Jersey and Related Litigation following Termination of Services
Represented Automated Test Systems Services Provider in DCAA Assist Audit of Subcontractor Costs
Provided Compliance and Contract Management Training to Multiple Offices of Multinational Raw Materials Subcontractor