Michael W. Rich

Experience

• Successful defense against mandamus petition from the Circuit Court of Conecuh County in a complex litigation involving the viability of nuisance claims against pharmaceutical manufacturers and distributors. After the Alabama Supreme Court ordered briefing on the manufacturers and distributors’ petition seeking dismissal, it denied the petition and returned the case to the Circuit Court of Conecuh County for trial.
• Bid protest of the United States Customs and Border Protection's amended solicitation for IT services that allowed offerors to only amend certain portions of their submitted proposals. On appeal to the Federal Circuit, won reversal of the Court of Federal Claims holding that the pre-award protest grounds had been waived under application of the Blue & Gold waiver rule.
• Breach of contract suit alleging that prime contractor solicited subcontractor’s employees and failed to sponsor subcontractor for a facility clearance contrary to subcontract’s terms. After bench trial, Northern District of Alabama held that prime contractor did not solicit subcontractor’s employees but did breach contract by not sponsoring subcontractor for facility clearance. The Northern District of Alabama then reduced damage award by almost 90% because plaintiff failed to mitigate damages. On appeal, Eleventh Circuit affirmed reduction in damages. Post-mandate, Northern District of Alabama denied plaintiff’s motion for attorney’s fees.
• Successful defense against an appeal of grant of summary judgment by Southern District of Georgia in subcontractor’s suit against prime contractor over termination of subcontract and calculation of vehicle storage fees on Department of Defense transportation contract. Eleventh Circuit affirmed district court’s grant of summary judgment.
• Bid protest at the Government Accountability Office on USDA contract award for development, operation, and maintenance of tracking software for agricultural imports. Sustained on multiple grounds including irrational past performance evaluation, irrational technical evaluation, and irrational best-value tradeoff decision.
• Bid protest of the Department of the Army’s decision to cancel small business set-aside award under General Services Administration schedule for firefighting services and issue as full and open under indefinite-delivery/indefinite-quantity vehicle protestor did not hold for failure to comply with the Rule of Two. Court of Federal Claims sustained, holding that protest did not fall under Federal Acquisition Streamlining Act’s jurisdictional bar and that agency failed to conduct proper market analysis.
• Contract Disputes Act claim against the Department of Energy based on agency’s failure to provide proper notice that it would disallow costs in construction of plutonium processing plant. Court of Federal Claims granted summary judgment to plaintiff and remanded to agency for determination of amount owed.
• Bid protest of Department of Commerce’s award of federal supply schedule task order for development, operation, and management of database analysis tools for United States Census. Court of Federal Claims sustained, holding that agency’s cost-realism analysis was irrational and failed to consider important facts.
• Fair Labor Standards Act suit in which Unmanned Aerial System maintenance personnel alleged failure to pay overtime. Defeated motion for class certification and settled sole remaining plaintiff’s claim for less than 5% of estimated exposure.
• Defense Contractors Whistleblower Protection Act suit alleging that defendant terminated plaintiff in retaliation for complaints about agency exercising direct supervision over contractor personnel. Northern District of Alabama granted summary judgment, holding that shouting match between plaintiff and government employee was nonpretextual and legitimate reason for termination.
• Americans with Disabilities Act suit alleging defendant retaliated against plaintiff by discharging him after request for accommodation. Eastern District of Virginia granted summary judgment on retaliation claim, holding that government’s refusal to accept plaintiff for further postings was a legitimate, nonpretextual reason for termination.
• Alabama Prompt Pay Act suit alleging that defendant municipal airport authority had failed to pay flooring contractor for work performed. Circuit Court of Madison County, Alabama granted summary judgment, awarding plaintiff full amount of claim and attorney’s fees.

Honors & Recognitions

Civic Activities

Professional Activities