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APPLICANT: WARREN MICHAEL ROSE

ADDRESS: **** ******** ****, **********, ** 22306

E-MAIL: ad4one@r.postjobfree.com

PHONE: 703-***-**** (cell)

PROFESSIONAL SUMMARY:

Dedicated legal professional with extensive expertise in contract law, litigation, and regulatory compliance. Demonstrated success in representing governmental agencies in complex contract disputes, bid protests, and claims litigation. Adept at navigating diverse legal landscapes and providing strategic counsel on a range of legal matters including discrimination claims, environmental issues, and labor disputes. Proven track record of achieving favorable outcomes through alternative dispute resolution (ADR) and effective advocacy before tribunals. Skilled in drafting authoritative legal guides and providing training in federal government contract law. A committed member of the legal community, contributing actively to professional organizations and serving as an advocate for excellence in legal practice. EXPERIENCE:

START/END DATES: April 2008 – December 2014 (retired 31 December 2014) ORGANIZATION: U.S. Department of the Air Force

Air Force Legal Operations Agency, Commercial Litigation (AFLOA/JAQC) 1500 W. Perimeter Rd., Joint Base Andrews, MD 20762 TITLE/GRADE: Senior Trial Attorney, GS-0905-15

SUPERVISOR: Christopher McNulty (now with the Armed Services Board of Contract Appeals)

Represented Air Force in contract claims litigation before ASBCA and DOJ

Resolved multiple claims through alternative dispute resolution (ADR)

Obtained dismissals of appeals and successfully concluded contractor claims

Drafted, reviewed and edited government/commercial contracts and revised "Contracting Officer’s Claims Litigation Guide" and authored "Contracting Officer’s Protest Guide" Summary of Experience in the Senior Trial Attorney role Represented the Air Force in contract claims litigation before the Armed Services Board of Contract Appeals (ASBCA) and assisted the Department of Justice (DOJ) in contract claims litigation before the Court of Federal Claims (COFC). (For example, in 2009, through alternative dispute resolution (ADR), resolved two claims pending before COFC and 11 claims pending before ASBCA concerning the effective date for Department of Labor wage determinations on task orders under an indefinite delivery/indefinite quantity (IDIQ) contract for medical support personnel). In May 2011 obtained the dismissal of two appeals before ASBCA for failure to prosecute; the four-year old litigation challenged a default termination for the defective painting of a New York Air National Guard hanger and alleged improper withholding of payment. In July 2011 successfully concluded a Turkish contractor’s claims for $3 million for delay and disruption on a housing reconstruction contract through ADR.

Represented Air Force in pre- and post contract award protests before the Government Accountability Office (GAO) and assisted DOJ in protests of Air Force contract awards before COFC. For example, in 2008 assisted the defense of a protest before GAO of the Air Force’s award of a contract for a fleet of aerial refueling tankers, a procurement estimated at $35 billion; successfully defended allegations that the Air Force had misevaluated the awardee’s manufacturing plan. In 2009 and 2010, assisted DOJ in defending the Air Force’s award of a $1 billion, five-year contract for KC-135 tanker maintenance, a protest initially denied by GAO, subsequently sustained by COFC, and then overturned by the U.S. Court of Appeals for the Federal Circuit. In July 2011, obtained the dismissal of a protest before GAO challenging the Air Force’s decision to resolicit a procurement for a six-year IDIQ contract for Joint Pacific Alaska Combat Range training services valued at over

$100 million after the Air Force determined the offers received were technically unacceptable. In October 2012, successfully settled protest of $1.64 billion procurement for multimodal transportation services between Afghanistan and the U.S.

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Revised the Air Force “Contracting Officer’s Claims Litigation Guide” for defending appeals of contracting officer final decisions to ASBCA and COFC. Authored the Air Force “Contracting Officer’s Protest Guide” for responding to contract award challenges before GAO and COFC. The Army uses the latter guide in Afghanistan; the Navy and the Departments of Energy and Health and Human Services specifically requested copies for agency adaptation.

START/END DATES: September 2004 – March 2008

ORGANIZATION: U.S. Department of Energy, Carlsbad Field Office 4021 National Parks Hwy., Carlsbad, NM 88220

TITLE/GRADE: Chief Counsel, GS-0905-15

SUPERVISOR: David Moody (no longer with the CFO)

Represented agency in Waste Isolation Pilot Plant matters

Drafted, reviewed, edited and negotiated government/commercial contracts

Advised on contract/grant awards, A-76 matters, and FOIA/PA issues

Settled compliance order for alleged violations saving over $20 million annually Summary of Experience in the Chief Counsel role

Represented agency in matters concerning the Waste Isolation Pilot Plant, the only national repository for deep geologic disposition of Cold War transuranic waste. Advised agency on issues pertaining to the award and administration of contracts and grants and A-76 matters. Advised agency on Freedom of Information Act/Privacy Act (FOIA/PA) issues as well as ethics matters and standards of conduct. Also advised agency concerning personnel, real estate, tort, and environmental matters. Settled $2.4 million compliance order levied by the New Mexico Environment Department (NMED) for alleged violations of the Resource Conservation and Recovery Act (RCRA) and the state’s Hazardous Waste Act for $90,000 and additional consideration. Successfully oversaw agency through state administrative process to modify the WIPP hazardous waste facility permit to allow receipt of waste with higher radioactive content, to improve facility operations, and to save over $20 million annually while safeguarding human health and the environment.

START/END DATES: June 1992 – September 2004

ORGANIZATION: U.S. Department of Transportation, Maritime Administration, Office of General Counsel 400 Seventh St., SW, Washington, DC 20590

TITLE/GRADE: Trial Attorney, GS-0905-14

SUPERVISOR: Edmund Sommer (now retired)

Successfully defended agency in bid protests and claims litigation

Drafted, reviewed, edited and negotiated government/commercial contracts and administered as needed

Advised on A-76, contract fraud, and procurement integrity matters

Negotiated leases, oversaw scrap ship contracts, and represented agency in union arbitrations Summary of Experience in the Trial Attorney role

Successfully defended agency in bid protests before GAO and COFC and in claims litigation before the Transportation Board of Contract Appeals (DOTCAB). Co-counsel before DOTCAB in successful defense of extraordinary relief request under Pub. L. No. 85-804. Assisted DOJ in maritime contract claims litigation before COFC and U.S. district courts. Through ADR, successfully settled multi-million-dollar contract claims against agency. Advised agency regarding A-76, contract fraud, procurement integrity, debarments and suspensions. Uncovered a multi-million dollar fraudulent contract extension to evade statutory competition requirements. See Veridyne Corp. v. U.S., 105 Fed. Cl. 769 (2012)

(contractor entitled to $1 million quantum meruit recovery for services rendered but forfeited $2 million in False Claims Act and Contract Disputes Act claims), rev’d in part, Veridyne Corp. v. U.S., 758 F.3d 1371 (Fed. Cir. 2014) (reversing $1 million quantum meruit award under the Forfeiture of Fraudulent Claims Act). Page 3 of 4

Negotiated pier leases. Assisted agency scrap obsolete ships through sales contracts under the Uniform Commercial Code and service acquisition contracts under the Federal Acquisition Regulation. Successfully represented agency in union arbitrations and matters before the Federal Labor Relations Authority, the Merit Systems Protection Board, and the Equal Employment Opportunity Commission. Advised agency in environmental matters (e.g., Toxic Substances Control Act, Comprehensive Environmental Response, Compensation, and Liability Act). Assisted DOJ in administrative law cases involving the Merchant Marine Act and the Federal Tort Claims Act; admiralty suits under the Suits in Admiralty Act, Public Vessels Act, Jones Act, and Maritime Commercial Instruments and Liens Act. Advised agency concerning FOIA/PA. FORMAL EDUCATION:

JD, Law, University of Virginia, Charlottesville, VA, May, 1986 MS, Logistics Management, Air Force Institute of Technology, Fairborn, OH, June, 1973 BS, Business Administration, University of Missouri, Columbia, MO, June, 1970 Diploma, Wasson High School, Colorado Springs, CO, 1966 LICENSES/CERTIFICATES:

Virginia State Bar, admitted 1986, Bar No. 26751 (now associate member) District of Columbia Bar Association, admitted 1987, Bar No. 411831 (current active member) Washington State Bar Association, admitted 1989, Bar No. 18589 (now associate member) PRIOR EMPLOYMENT:

1970-1997, United States Air Force Reserve (Lieutenant Colonel, USAFR, retired, September 1997) Advisor to Air Force representative to Defense Acquisition Regulation Council, one policy-making component of the Federal Acquisition Regulation System. Assisted Section 800 Panel (authorized by the National Defense Authorization Act of 1991) in recommending changes to procurement laws that Congress implemented in the Federal Acquisition Streamlining Act of 1994 and the Federal Acquisition Reform Act of 1995. Prepared, drafted, coordinated revisions to the Federal Acquisition Regulation

(FAR) and FAR supplements. Director of contract administration offices in Bristol, England and Taichung, Taiwan. Procurement officer for communications satellite research and development and fabrication programs and warranted contracting officer for international logistics support programs. 1979-1982, Bendix Corporation, Aerospace Group, Arlington, Virginia Contracts manager for aerospace programs, prepared and administered domestic and international contracts and facilitated as the merger acquisition analyst and business training coordinator 1982-1983, Perkin-Elmer Corporation, Computer Systems Group, Rockville, Maryland Contract manager for computer system sales

1986-1987, Harbridge House, Inc., Arlington, Virginia As a consultant, developed and presented marketing and program management seminars for companies in the defense industry and advised companies how to conduct business in the defense market 1987-1988, Slocum, Bodies & Murry, Falls Church, Virginia As co-counsel, advised clients concerning claims before ASBCA and bid protests before federal courts, prepared pleadings, discovery and assisted development of procurement policies and procedures for the Postal Service

1988-1989, Stanislaw, Ashbaugh, Chism, Jacobson & Riper, Seattle, Washington Advised clients concerning claims before federal boards of contract appeals and bid protests before Page 4 of 4

federal courts

1989-1990, McDonnell Douglas Corporation, St. Louis, Missouri Assisted in the preparation of business strategy for the Air Force Advanced Tactical Fighter program, and developed subcontracting relationships, and implementation of small business plans

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1991-1992, Porter, Wright, Morris & Arthur

Advised clients concerning federal government contracts, Federal Acquisition Regulations, claims and bid protests

OTHER RELEVANT INFORMATION:

Member of the American Bar Association Section of Public Contract Law (ABA PCLS): Member of the Section Council 2009-2012;

Co-Chairman, Bid Protest Committee;

Co-Vice Chairman, Contract Claims and Disputes Resolution Committee; Member, Service Acquisition Reform Act § 1423 special task force. Speaker on Acquisition Planning, 6, 7, September 2017 ABA PCLS Introduction to Government Contract Law Seminar, K&L Gates, Washington, DC. Assistant judge for government contract law moot court competitions at The George Washington University School of Law (2003, 2004, 2010, 2011). Adjunct professor in federal government contract law at the University of the District of Columbia (2000).

Extensive knowledge of procurement laws (e.g., Competition in Contracting Act, Contract Disputes Act, Procurement Integrity Act, Truth in Negotiations Act), the FAR, FAR supplements, federal appropriations law (e.g., the GAO "Red Book"), and OMB Circular A-76. Recurring speaker at the Air Force Institute of Technology 2009-2013 concerning federal government contract litigation.

Admitted to practice before the U.S. Court of Federal Claims, the U.S. Court of Appeals for the Fourth Circuit, and the U.S. Supreme Court.

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