Maria Panichelli focuses her practice exclusively on federal government contracts and procurement, with a concentration on bid protest and claims litigation and small business procurement. Maria’s practice includes: asserting and defending against bid protests; contract interpretation and performance counseling; the preparation and negotiation of Requests for Equitable Adjustment (REAs) and Contract Disputes Act (CDA) claims as well as related claims litigation before the Boards of Contract Appeals, Court of Federal Claims, and the Federal Circuit; statutory and regulatory compliance counseling; federal subcontracting (including drafting and negotiating subcontracts for use on federal projects, the preparation and litigation of pass-through claims, the drafting and negotiation of liquidating agreements, and the litigation of prime/sub disputes and Miller Act claims); contract terminations (for convenience and for default); suspensions and debarments; avoiding and mitigating Organizational Conflicts of Interest (OCIs); False Claims Act (FCA) defense; and all aspects of small business procurement.
Maria guides her clients through every stage of the federal procurement process, allowing them to increase their award opportunities, and win, maintain, and successfully perform contracts. Maria understands the unique challenges involved in government contracting and small business procurement, and is proficient in interpreting and applying the FAR (DFARS, VAAR, GSAR, etc.), as well as the Small Business Regulations, in furtherance of her clients’ objectives. Recognizing that a client must focus on what is best for their business, Maria works to find a solution that not only solves a client’s legal issues, but advances their business plan and is consistent with their corporate mission. Her clients enjoy practical and shrewd advice, as well as zealous advocacy. Maria’s comprehensive legal counseling allows her clients to successfully navigate the complicated legal requirements related to the government marketplace while still accomplishing their corporate goals.
Maria’s clients include prime and subcontractors located and working all over the nation and abroad. These clients perform work for a variety of federal agencies, and span a wide range of industries, including: aerospace and defense; information technology and information systems (including enterprise architecture, technology support, and IT modernization); systems engineering and logistics operations/logistics management; project controls and integration; program management, management consulting and professional services; advisory and assistant services; human performance, staff augmentation and medical/healthcare staffing; healthcare solutions and medical supply manufacture and distribution; network operations and cybersecurity; cloud computing; telecommunications solutions; innovation and research support services; marketing and communications; strategy consulting; commissary services; real estate and facilities services; warehousing and product management; temporary shelter and life support facilities; construction; engineering, technical and industrial services; maritime construction, testing, manufacturing, and ship design, maintenance, and repair; security solutions; energy efficiency (ESPCs); landscaping; dredging; and environmental remediation.
Maria is active in a number of industry-related professional associations and is a frequent lecturer and author on government contracting and small business procurement topics. She works closely with a number of legal and industry groups, several APEX Accelerators, and other government contracting forums to provide educational content for a variety of government contractors.
In her free time, Maria is an avid world traveler with over 44 countries and 40 states under her belt. She enjoys learning about history, culture, and cuisine in new locations. When she’s not on the move, she can be found eagerly researching her next destination, baking, reading, or learning Italian.
Bid Protest Experience
Maria has extensive experience representing both protestors and intervenors in bid protests. She has asserted numerous protests at the agency level, and routinely litigates protests before the GAO and the Court of Federal Claims. She advises clients on pre-award protest issues such as ambiguous or contradictory solicitation provisions, unduly or overly restrictive terms, solicitation terms that are violative of applicable law (including as related to small business eligibility, consideration of joint venture past performance, improper use of LPTA, and improper de facto responsibility determinations), improper evaluation methods, and “Rule of Two”/”Kingdomware” issues. Maria’s experience with post-award protests covers a similarly wide breadth of protestable issues, including but not limited to: unstated evaluation criteria; misapplication of stated evaluation criteria and errors in applying ratings; improper price evaluation (including issues of price realism and reasonableness, unbalanced pricing, and unreasonable adjustment/escalation); unequal or disparate treatment of offerors; and misleading, non-meaningful or unequal discussions. She is proficient in analyzing various protest-related issues such as jurisdiction, standing, competitive prejudice, and agency deference.
Maria advises contractors through all stages of the protest process, from initial solicitation review through award, including debriefings. Accordingly, her practice includes counseling on all aspects of debriefings; she routinely assists clients in preparing debriefing questions, and helps clients navigate enhanced debriefing rules.
Most importantly, Maria ensures that her clients receive a realistic assessment concerning how likely their protest is to succeed, and how likely such success is to actually result in a contract award. She regularly secures corrective action on behalf of her clients, often avoiding excess litigation costs.
On the intervention side, Maria knows how to work with the agency to ensure the clients’ interests are represented, and the client well-protected, while avoiding duplication of efforts with agency counsel/the DOJ, and maximizing cost efficiency for the client.
REA/Claims Experience, Litigation and Construction
Maria’s counseling in this area is so effective because it begins before a dispute can escalate beyond resolution. Maria’s clients are advised on how to identify claims issues early, and how to communicate effectively to effect resolution and preserve claim rights, all while still successfully performing their contracts and avoiding disruption.
Maria is proficient in the preparation of Requests for Equitable Adjustment (REAs) and Contract Disputes Act (CDA) claims, and has substantial experience with the negotiation and resolution of such REAs and claims, including through various types of ADR and settlement efforts. Maria’s experience also includes, when settlement is no longer an option, CDA claims litigation before the Boards of Contract Appeals, the Court of Federal Claims, and the Federal Circuit.
Maria has substantial experience with infrastructure- and construction-related claim issues in particular. This includes, for example, claims based on express and implied/constructive changes (under various versions of the Changes Clause), defective designs and specifications, differing site conditions, delays and disruption/inefficiency as well as acceleration, suspensions, improper terminations, variations in estimated quantity, and liquidated damages. She has also been involved in claims litigation relating to breach of contract and good faith and fair dealing issues, and has utilized claims to seek redress relating to improper or unjustified CPARS.
Outside the CDA context, Maria has negotiated/litigated various sub/prime disputes, as well as Miller Act Claims.
Small Business Procurement Experience
Having acquired substantial experience with the government’s 8(a), VOSB/SDVOSB, WOSB/EDWOSB and HUBZone small business programs, Maria provides effective assistance to clients applying for small business certification, or competing for small business program set-aside contracts. She routinely assists clients with eligibility and affiliation analyses, has successfully challenged negative agency findings with regard to clients’ VOSB/SDVOSB, WOSB/EDWOSB, HUBZone and 8(a) eligibility, and has successfully defeated size and status protests brought by clients’ competitors. She also regularly assists her clients in successfully challenging ineligible competitors through assertion of size and status protests. Maria has considerable experience drafting teaming and joint venture agreements, as well as helping clients navigate Mentor-protégé programs.
Maria helps her clients safeguard their small business eligibility, and advises small business clients with regard to potential affiliation and control problems, as well as subcontracting requirements. Her small business practice also involves drafting or revising corporate governance documents to ensure compliance with small business program eligibility requirements.
Representative Matters
- Successfully defended SDVOSB joint venture client against non-meritorious size/status protests, safeguarding client’s multi-billion dollar Department of Veterans Affairs’ IDIQ award;
- Secured full dismissal of False Claims Act suit filed against client in connection with alleged Service Contract Act violations, and obtained judgement in favor of client;
- Obtained corrective action in post-award Air Force bid protest concerning a $162 million contract for advisory and assistance services related to Fifth Generation Fighters;
- Persuaded the GSA to take corrective action, and reconsider its award decision in multi-million-dollar construction contract, on the basis of debriefing questions alone;
- Secured dismissal of critical arguments impacting clients in large COFC bid protest litigation concerning a multi-billion dollar Department of Veterans Affairs’ IDIQ;
- Successfully defended non-meritorious size/status protest asserted against SDVOSB client, allowing client to retain award for Department of Veterans Affairs multi-phase construction project valued at approximately $100 million;
- Drafted REA relating to USACE contract, obtaining full reimbursement of damages incurred by client as a result of third-party delay and related site access issues;
- Attained multi-million-dollar settlement for SDVOSB client in connection with a CDA claim based on delay, changes to contract, and defective specifications, arising out of client’s construction contract with the Department of Veterans Affairs;
- Secured corrective action in pre-award bid protest against Department of Veterans Affairs, reversing client’s elimination from consideration for award, in connection with contract for medical supplies valued between $75 and $100 million;
- Forced government’s voluntary abandonment of a claim against client that sought repayment for COVID-related descope of contract, allowing client to retain full payment for performance;
- Defeated incumbent’s bid protests at GAO and COFC, securing client-intervenor’s award of $26 million dollar administrative and records management support services contract;
- Successfully asserted two simultaneous post-award bid protests, relating to two multi-million dollar international Air Force construction projects;
- Secured corrective action in post-award bid protest against Department of Veterans Affairs in connection with multi-million-dollar construction contract award;
- Resolved dispute, and forced issuance of long-delayed contract modifications allowing completion of project, in on-going disagreement relating to defective specifications on Department of Veterans Affairs construction project;
- Secured Department of Veterans Affairs approval of novation of lease contract; and
- Protected numerous clients’ 8(a) status post-Ulitma eligibility changes.
