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Raymond F. Monroe


Principal
Raymond F. Monroe

Ray Monroe counsels and represents local, national, and multi-national businesses and quasi-public entities in a broad array of industries from aerospace to utilities in matters across the full spectrum of government contracts and grants law. His over 30 years of experience includes bid protests; claims; compliance programs; construction; corporate governance; cybersecurity; disaster response and hazard mitigation grants; Energy Savings Performance Contracts (ESPCs); False Claims Act; FCPA; internal and external investigations; mandatory disclosures; public-private partnerships; Public Law 85-804 indemnification; subcontracts; suspension and debarment; terminations; and white collar matters.  He has appeared before the federal bid protest forums that have existed over the past 30 years (including the GAO and the GSBCA), the federal Boards of Contract Appeals, and federal and state courts.  He has also participated in arbitrations as both an advocate and a party arbitrator.

Ray counsels clients regarding the implementation of policy and procurement initiatives at the cutting edge of procurement law; the creation and refinement of corporate compliance policies and procedures; and the development and financing of renewable energy projects, including offshore wind.

Ray is Co-Leader of the Corporate and Securities Practice Group, which includes the Corporate, Tax, Health Care and Government Contracts practices.  He leads a multidisciplinary team that draws on all of the resources of Miles & Stockbridge to meet each client’s specific needs.   

Before joining Miles & Stockbridge, Ray was a Partner in the Government Contracts Group of Crowell & Moring. Ray received his law degree from Duke University School of Law in 1980, with distinction, where he served as Executive Editor of the Duke Law Journal. Ray received his undergraduate degree from Hobart College in 1977, Phi Beta Kappa, where he majored in physics and history. Following law school graduation, Ray clerked for Justice Stewart G. Pollock of the New Jersey Supreme Court. Ray is admitted to practice in the District of Columbia and New Jersey.

Representative Matters:

Litigation: Contract Claims/Case of First Impression/Board of Contract Appeals

  • Appeal of The Boeing Company on behalf of Lockheed Martin Corporation, ASBCA No. 54853, 06-1 BCA 33,270 (April 12, 2006).  Led a team representing the world's largest defense contractor in a $230 million sponsored claim before the Armed Services Board of Contract Appeals involving ten contracts and subcontracts to manufacture state of the art rocket motors during the Cold War. The case raised complex issues of first impression concerning government contract indemnification clauses authorized under Public Law 85-804, insurance, and recovery of environmental remediation costs and toxic tort litigation expenses coordinated with CERCLA litigation, remediation activity, and DCAA audits. The case established that the ASBCA has Contract Disputes Act jurisdiction over claims based on 85-804 indemnification clauses.

Litigation: Protests/Construction/Federal Court

  • Bombardier Transportation (Holdings) USA, Inc. v. Metropolitan Washington Airports Authority, Civ. Action 03-343-A (E.D. Va. Aug. 6, 2003).  Successfully represented MWAA in a protest of the award of the $180 million design-build construction project for the Automated People Mover System at Dulles International Airport.

Litigation: Protests/Case of First Impression/Federal and State Courts

  • Washington-Dulles Transportation, Ltd., v. Metropolitan Washington Airports Authority, Civ. Action 02-1656, 87 Fed. Appx. 843 (4th Cir. Jan. 30, 2004), cert. denied, 543 U.S. 813 (Oct. 4, 2004). Successfully represented the Metropolitan Washington Airports Authority (MWAA), the interstate compact that runs Reagan National and Dulles International Airports, in a protest of the award of the taxicab concession contract at Dulles Airport establishing in a case of first impression the review and oversight roles of the federal and state courts over MWAA.

Litigation: False Claims Act

  • Successfully defended a major government contractor in a jury trial in the U.S. District Court for the Eastern District of Virginia against alleged violations of the Civil False Claims Act brought by qui tam relators concerning performance of inspections under a telecommunications contract at an Army Base.

Counseling: Disaster and Hazard Mitigation Contracts and Grants

  • Counseled on all aspects of the design and implementation of procurement, accounting, auditing, and compliance systems relating to expenditure of FEMA Stafford Act grant funds for disaster response and hazard mitigation by a private, for-profit entity acting as agent for a state entity under a unique arrangement created by state statute to enhance operations through the use of the private sector to operate and maintain a state-owned utility.

  • Counseled re-insurance companies on the federal procurement opportunities (and associated risks) under the Biggert-Waters Flood Insurance Reform Act of 2012, which provides potential opportunities for privatizing reinsurance of the National Flood Insurance Program.

Counseling: Due Diligence

  • Organized and performed a multi-country due diligence in connection with the expansion of the international public procurement business of one of the world's leading providers of Infrastructure as a Service (IaaS) Cloud Computing.

Counseling: Energy, Renewable Energy, and Utilities

  • Counseled an international financing and investment firm on the legal risks involved in providing development financing to a major offshore wind energy project, including due diligence on federal, state, and local legal issues.

  • Counseled energy services companies and utilities from the inception of laws authorizing ESPCs and Utility Energy Service Contracts (UESCs), including how to continue operations and secure funding in light of the Armed Services Board of Contract Appeals (ASBCA), decision holding that Solar Renewable Energy Credits (SRECs) cannot be included in the calculation of “energy savings” under ESPCs and that the provisions in contracts that include SRECs in energy savings are “invalid.”

  • Counseled companies on the requirements of The Moving Ahead for Progress in the 21st Century Act (MAP-21), including the impact on utilities of MAP-21’s Buy America provisions.

  • Represented a large non-regulated affiliate of a major utility to identify key risk areas and to mitigate performance issues in anticipation of potential high media and congressional visibility relating to the U.S. Army Energy Initiatives Task Force's $7 billion multiple award task order procurement for locally generated renewable and alternative energy using Power Purchase Agreements or their equivalents.

Investigations

  • Represented numerous contractors in internal and external investigations, including investigations relating to potential mandatory disclosures, criminal and civil fraud investigations, and grand jury investigations.

Suspension and Debarment

  • Represented contractors of all sizes in internal and external reviews and implementation of continual improvement measures related to mitigating the risk of suspension and debarment including compliance reviews, revised policies and procedures, self-imposed monitors, and presentations before suspension and debarment officials with matters often involving other overlapping criminal and/or civil proceedings.

Ray handled some of these matters before joining Miles & Stockbridge in 2014.

Affiliations & Recognition

Professional Involvement

  • ABA Section of Public Contract Law and the Board of Contract Appeals Bar Association

Recognition

  • Martindale-Hubbell Peer Review Rating: AV Preeminent® Rated

Blogs

Case Examples

Focus

Practices:

Press Coverage

Publications

"Testing...Testing... FAA Selects Six Test Sites For Unmanned Aircraft Systems Research," Government Contracts Bullet Points (January 10, 2014).
"Trade Winds: Federal Government Announces Next Commercial Offshore Wind Leasing Auction," Government Contracts Bullet Points (December 18, 2013).
"Rise' of the Machines: FAA Publishes Plans for Unmanned Aircraft Systems Operations," Government Contracts Bullet Points (November 07, 2013).
"Cleared for Takeoff: FAA to Allow Commercial Unmanned Aircraft Systems Operations Later this Year," Government Contracts Bullet Points (July 30, 2013).
"Government Is Greening Energy Contracting," Government Contracts Bullet Points (July 23, 2013).
"Utilities React to Confusing Buy America Restrictions," (July 17, 2013).
"In Texas, Exclusive Means Exclusive," Government Contracts Bullet Points (June 20, 2013).
"Commercial Space Flight -- Navigating the Gravitational Pull of Budget Cuts," Commercial Space Flight -- Navigating the Gravitational Pull of Budget Cuts (June 10, 2013).
"Commercial Space Flight -- Navigating the Gravitational Pull of Budget Cuts," Government Contracts Bullet Points (June 10, 2013).
"Teaming Agreements: Date or Marriage?," Government Contracts Bullet Points (May 16, 2013).
"Coming to a Site Near You: Unmanned Aircraft Systems Testing," Government Contracts Bullet Points (February 22, 2013).
"Last Day Filings at the CBCA: Time is Not on Your Side," Crowell & Moring's Government Contracts Legal Forum (Co-Author) (February 06, 2013).
"CFC Rejects Taxes Clause as Basis for Recovering Environmental Remediation Costs," Government Contracts Bullet Points (January 25, 2013).
"Not So Fast: Federal Circuit Reverses CFC Decision Limiting Indemnification Rights," Government Contracts Bullet Points (January 17, 2013).
"FY 2013 NDAA Shines a Spotlight on Contractor Indemnification," Government Contracts Bullet Points (January 04, 2013).
"Government Claims for Clean-Up Costs Related to Cold-War-Era Contracts Rebuffed," Government Contracts Bullet Points (October 10, 2012).
"Look Out Below!" -- Regulating the Domestic Use of Unmanned Aerial Systems," Government Contracts Bullet Points (September 28, 2012).
"Consortium Awarded $30 Million for Manufacturing Pilot Program," Government Contracts Bullet Points (August 23, 2012).
"DoD "Green" - Lights Massive Investments in Renewable Energy," Government Contracts Bullet Points (August 20, 2012).
"A Galaxy (Not) FAR Away? NASA Awards New Contracts in Space Privatization Program," Government Contracts Bullet Points (August 17, 2012).
"Airport Public-Private Partnerships Taking Off?," Government Contracts Bullet Points (February 29, 2012).
"NASA Pushes FAR, Far Away for Commercial Crew Program," Government Contracts Bullet Points (December 29, 2011).
"US Liable for Environmental Remediation Costs Under Contract Clauses," Government Contracts Bullet Points (November 04, 2011).
"Transportation Leaders Propose Massive Public-Private Partnership Project in Northeast Rail Corridor," Government Contracts Bullet Points (May 27, 2011).
"California High-Speed Rail: On the Fast Track," Government Contracts Bullet Points (May 13, 2011).
"Agency's Stafford Act Interpretation Rejected," Government Contracts Bullet Points (November 12, 2007).
"Jurisdiction Found Over 85-804 Indemnification Clause Breach Claims," Government Contracts Bullet Points (May 01, 2006).
"Report Highlights Problematic Katrina Contracting Practices," Government Contracts Bullet Points (February 28, 2006).
"Responding to Domestic Disasters: Federal Relief and Assistance Under the Stafford Act," Andrews Government Contract Litigation Reporter (December 19, 2005).
"OMB Reverses $250,000 Micropurchase Cap," Government Contracts Bullet Points (October 05, 2005).
"Postal Service Adopts New “Best Commercial Practices” Acquisition Rules," Government Contracts Bullet Points (May 01, 2005).
"Fourth Circuit Affirms Award By Interstate Compact," Government Contracts Bullet Points (March 01, 2004).

Speaking Engagements