Daniel J. Kelly | McCarter & English, LLP

Dan’s career has been defined by leveraging his skills, experience, and contacts in the community to safeguard and protect his client’s interests when they enter U.S. Government supply chain.

Daniel J. Kelly brings more than 30 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.

Dan 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. Dan assists clients in protecting their intellectual property and proprietary information concerning their businesses when doing business with the government. He regularly provides guidance to the firm’s M&A team in acquisitions, sales, and financings of businesses whose portfolios include government contracts, grants and other instruments funded by public authorities.

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

Represented Clear Channel Airports, the Americas-based airports business of Clear Channel Outdoor Holdings, Inc. (NYSE: CCO), and one of the nation’s leading airport media providers, in the negotiation of the largest airport advertising and sponsorship contract in the U.S. with the Port Authority of New York and New Jersey.

Advised Spear Research, a New Hampshire technology company focused on electronic warfare, signals intelligence, and autonomous networked sensor systems, on its sale to Pacific Defense, a California military-use electromagnetic spectrum technology provider to the Department of Defense and intelligence community. The McCarter practices advising Spear on the sale included Corporate, Government Contracts, Export Controls & Global Trade, Labor & Employment, Tax, and Insurance Coverage.

Represented Rutgers, The State University of New Jersey in the sale of all of the assets of Rutgers’ RUCDR Infinite Biologics lab (which created the COVID-19 saliva test) for approximately $45 million, following approval from the National Institute of Health and the FDA.

Represented client in successful resolution of a dispute with the Defense Contract Management Association concerning allowable indirect costs, including executive compensation.

Represented client in a successful resolution of a dispute with the Department of Energy concerning rights to subject inventions and the manufacture of products embodying such inventions under the Bayh-Dole Act.

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), represented 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.

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 an End User License Agreement for a commercial software supplier with a prime contractor for military use.

Provided compliance and contract and subcontract management advice and training to a host of small and emerging businesses in both the prime and subcontracting space.

Memberships & Affiliations