Tom Mason
Partner
Tom is a partner in and former leader of the Government Contracts practice group. He focuses his practice on all aspects of government contracts law and litigation, including dealing with grants and co-operative agreements, the management of major government systems and programs, and the resolution of related claims and disputes. Tom has extensive trial and appellate litigation experience with a broad background in commercial and government contracts litigation, including civil false claims, accounting and intellectual property issues, and bid protests.
Tom also represents domestic and foreign companies that conduct business with the federal and state governments and advises on issues related to GSA Schedule Contracts, teaming and subcontract agreements, mergers and acquisitions, government contract financing, contract interpretation, procurement integrity, regulatory compliance and training, protection of intellectual property, organizational conflicts of interest, contract performance, security clearances, dispute avoidance and resolution, FOIA and FAPIS issues. He has led many internal investigations teams focusing on government contract compliance issues and represented clients before agency suspension and debarment officials. As a licensed mediator, Tom has been engaged to help litigating parties resolve their dispute.
Representative transactional matters include:
- Created government contract subsidiary for the sale of products and services for large IT company
- Represented large defense contractor in acquisition of a technology company, including novation of existing government contracts to the acquiring company
- Assisted geospatial information provider with receipt of venture capital funding and stock issuance, including due diligence involving intellectual property rights conceived during performance of various government contracts and grants
- Represented buyer in valuation of government contract portfolio of smaller technology company
- Counseled large software developer in acquisitions of small business software and services companies by performing due diligence on government contract assets
- Created federal government contract subsidiary for the sale of products and services for large software company
- Represented large defense contractor in resolving post-integration issues related to acquisition of systems engineering and technical assistance contractor, including resolution of organizational conflict of interest issues
- Represented large transportation and security companies in resolving civil false claims allegations, including conducting an internal investigation and negotiating a comprehensive compliance agreement
- Represented seller in Hart-Scott-Rodino support for merger of two large energy companies
- Represented a renewable energy company in the negotiation and funding of a P3 PPA between the Defense Department and a private energy company
- Negotiated novation agreement in support of commercialization of Ebola vaccine
- Obtained DCAA advance agreement on behalf of merged organization negotiating IAW DFARS cost savings rules
- Negotiated vaccine contract with BARDA; contract terms reflect risk mitigation and avoidance with the U.S. government
- Sought waiver of Bayh-Dole Act's domestic manufacturing preference
- Conducted internal investigation for software provider in support of client's IPO
- For large foreign IP company, provided NISPOM support of acquisition of U.S. IP company, drafted necessary paperwork for FOCI Analytics Branch to gain approval of the transaction
- Assisted client in sale of client's domain name
- Negotiated CRADAs, MDAs, cooperative agreements for biotech companies in support of clinical trials, commercialization of software and manufacture of clients
- Performed due diligence in support of mergers and IPOs
- Provide compliance training for government contracting clients
Representative litigation and claims resolution matters include:
- Represented client before the U.S. Court of Federal Claims in spent nuclear fuel litigation; recovered more than $300 million for client
- Handled several cases before the U.S. Court of Federal Claims including more than $1 billion of claims against the United States
- Represented client in patent infringement case, recovering over $10 million for the United States’ infringement of client’s mine detection patent
- Represented cloud computing company in resolution of multimillion-dollar contract dispute
- Successfully represented large defense contractor in international arbitration to resolve a multimillion-dollar dispute with a Taiwanese defense contractor under UNCITRAL procedures
- Successfully represented U.S.-flagged transport vessel before the Fourth Circuit Court of Appeals in a multimillion-dollar insurance dispute
- Successfully represented large defense security company in civil false claims action and collective action litigation
- Successfully represented large defense company before the Armed Services Board of Contract Appeals for claims stemming from the Iraq War/offshore contracting
- Successfully represented a large defense security company in a bid protest for Afghanistan procurement
- As a licensed mediator, mediated multimillion-dollar settlement of prime and subcontractor contract dispute
- Successfully resolved 30+ contract appeals stemming from contractor participation in U.S. operations in the Middle East
- Successfully represented defense IT company in DCAA audit dispute before the ASBCA
- Successfully represented real estate management company in leasing dispute with the VA
- Successfully represented clients in pre- and post-award protests before U.S. government agencies, the General Accountability Office and the U.S. Court of Federal Claims
- "OMB Issues New Buy America Guidance for Federal Infrastructure Projects," Thompson Hine Government Contracts Update, May 2022
- “Final Rule Amends Federal Acquisition Regulation Part 25 Content Threshold Under Buy American Act: Important Considerations for Companies Providing Products to the Federal Government,” Thompson Hine Business Law Update, Spring 2022
- "SBA Revises Small Business Size Standards for 229 Industries," Thompson Hine Government Contracts Update, April 2022
- "Out With DUNS, In With UEI: New Unique Entity Identifier Is Here," Thompson Hine Government Contracts Update, April 2022
- "Final Rule Amends FAR Part 25 Domestic Content Threshold Under Buy American Act," Thompson Hine Government Contracts Update, March 2022
- “Update on Federal Contractor and Subcontractor Vaccine Mandate,” Thompson Hine Government Contracts Update, February 2022
- "Federal Court Issues Nationwide Injunction Against Federal Contractor Vaccination Mandate," Thompson Hine Government Contracts/Labor & Employment Update, December 8, 2021
- "Federal Court Enjoins Enforcement of Federal Contractor Vaccination Mandate in Ohio, Kentucky and Tennessee," Thompson Hine Government Contracts Update, December 2021
- "DoD Announces (New) CMMC 2.0," Thompson Hine Cybersecurity & Government Contracts Update, November 2021
- “2022 Defense Bills Propel Recent Acquisition Policy Trends,” Law360, October 2021
- “FAR Council and Agencies Publish Class Deviation Clauses and Instructions to Implement EO 14042 Vaccine Requirements,” Thompson Hine Government Contracts Update, October 2021
- “Issues for Government Contractors and the Private Sector Under the Cybersecurity Executive Order,” Pratt’s Government Contracting Law Report, October 2021
- “New COVID-19 Workplace Safety Guidance for Federal Contractors and Subcontractors,” Thompson Hine COVID-19 Update, September 2021
- "Threat of Another Government Shutdown: What Contractors Need to Know and Do Now," Thompson Hine Government Contracts Update, September 27, 2021
- “President Biden Signs Executive Order to Promote Competition in the U.S. Economy,” Thompson Hine Government Contracts Update, July 2021
- “New Cyber EO: Issues for Government Contractors and the Private Sector,” Thompson Hine Government Contracts Update, May 2021
- “How Biden's First 100 Days Will Affect Gov't Contractors,” Law360, May 2021
- "The American Rescue Plan Act: Funding Provisions for Government, Pandemic Response, Health Care, Infrastructure, Transportation, Science and Technology, and Oversight, "Thompson Hine COVID-19 Update, March 2021
- “DOJ’s False Claims Act Recoveries in Fiscal Years 2020 and 2019,” Pratt’s Government Contracting Law Report, January 2021
- "Biden Administration Bolsters Buy American Requirements," Thompson Hine Government Contracts & International Trade Update, January 2021
- “GAO Bid Protest Filings Down in FY 2020; Effectiveness Rate Reaches Record High,” Thompson Hine Government Contracts Update, January 2021
- “Consolidated Appropriations Act, 2021: Implications for Business,” Thompson Hine COVID-19 Update, December 30, 2020
- “Defense Department Guidance for Government Contractors on Additional COVID-19-Related Costs,” Pratt’s Government Contracting Law Report, December 2020
- “What Gov't Contracting Might Look Like Under Biden,” Law360, December 2020
- “Trends In Fiscal 2020 Bid Protests Sustained By GAO: Part 1,” Law360, November 2020
- “Trends In Fiscal 2020 Bid Protests Sustained By GAO: Part 2,” Law360, November 2020
- “DoD Publishes Interim Cybersecurity Rule on CMMC and DoD Assessments,” Thompson Hine Government Contracts Update, October 2020
- "DoD Issues Updates to Grant and Cooperative Agreement Regulations," Thompson Hine Government Contracts Update, October 2020
- "SBA’s New Certification Regulations for Women-Owned Small Businesses," Thompson Hine Government Contracts Update, September 2020
- "DOJ’s False Claims Act Recoveries in Fiscal Years 2020 and 2019," Thompson Hine Government Contracts Update, September 2020
- "Defense Department Guidance on COVID-19-Related Costs for Government Contractors," Thompson Hine COVID-19 Update, August 2020
- “FAR Council Publishes Interim Rule on Section 889 Part B Increasing Prohibitions on Contracting with Companies Using Certain Chinese Telecommunications Equipment and Services,” Thompson Hine Government Contracts & International Trade Update, August 2020
- “GSA Class D&F Provides TAA and BAA Non-Availability Exception for Certain Supplies,” Thompson Hine COVID-19 Update, April 2020
- “DoD Issues Class Commercial Item Determination for Critical Supplies & Services to Aid COVID-19 Response,” Thompson Hine COVID-19 Update, April 2020
- “Public-Private Partnership Created for Emergency Drug Packaging Solutions,” Thompson Hine COVID-19 Update, March 2020
- "DHS Issues Guidance on Identification of Essential, Critical Infrastructure Workers," Thompson Hine COVID-19 Update, March 2020
- “Mitigating COVID-19’s Commercial and Business Impacts: SBA’s Loan Programs,” Thompson Hine COVID-19 Update, March 2020
- “How Federal Contractors Can Prepare for Coronavirus Disruptions,” Thompson Hine COVID-19 Update, March 2020
- “INSIGHT: How Federal Contractors Can Prepare for Coronavirus Disruptions,” Bloomberg Law, March 2020
- “OFCCP Issues National Interest Exemption for Coronavirus Relief Contracts,” Thompson Hine COVID-19 Update, March 2020
- “INSIGHT: Coronavirus Vaccine Efforts Spur Contracts for Life Science, Biotech Companies,” Bloomberg Law, March 2020
- “The COVID-19 Virus Presents Contracting Opportunities and Challenges to Life Science and Biotechnology Companies,” Thompson Hine COVID-19 Update, March 2020
- “Defense Department Implementing New Cybersecurity Certifications for the Industrial Base,” Thompson Hine Business Law Update, Winter 2020
- "Renewed Restrictions on the Use of Mandatory Employment Arbitration Agreements," Thompson Hine Government Contracts Update, January 2020
- "FY 2020 NDAA Signed into Law with U.S. Space Force, Cyber Operations & Acquisition Reforms," Thompson Hine Government Contracts Update, December 2019
- “GAO Finds Opaque Ownership Structures Pose Risks to DoD Procurement,” Thompson Hine Government Contracts Update, December 2019
- Co-author, "Justice Department Emphasizes Antitrust Enforcement Through Creation of Multi-Agency and Bid-Rigging Strike Force," Thompson Hine Antitrust & Government Contracts Update, November 2019
- “GAO Bid Protest Effectiveness Rate Remains 44% for Fiscal Year 2019,” Thompson Hine Government Contracts Update, November 2019
- “DOD’s Cybersecurity Maturity Model Certification and Draft CMMC Model Framework,” Thompson Hine Government Contracts Update, September 2019
- “DOJ Guidelines for Disclosure, Cooperation and Remediation in FCA Matters,” Thompson Hine Government Contracts Update, June 2019
- “Lessons Learned from Government Contractors: Compliance with Conflict of Interest Laws,” Thompson Hine Business Law Update, Spring 2019
- “DOJ Recovers $2.8 Billion in False Claims Act Cases in FY 2018,” Thompson Hine Government Contracts Update, January 2019
- “Threat of Another Government Shutdown: What Contractors Need to Know and Do Now,” Thompson Hine Construction & Government Contracts Update, December 20, 2018
- “GAO Releases Bid Protest Annual Report for FY 2018; Effectiveness Rate Is 44 Percent,” Thompson Hine Government Contracts Update, December 2018
- “What Government Contractors Need to Know and Do After Hurricane Florence,” Thompson Hine Government Contracts Update, September 2018
- “Ninth Circuit Rules Escobar Two-Part Falsity Test Is Mandatory for Implied Certification Liability Under the False Claims Act,” Thompson Hine Government Contracts Update, August 2018
- “Annual Procurement Law Reforms in the FY 2019 National Defense Authorization Act,” Thompson Hine Government Contracts Update, August 2018
- “Bayh-Dole Act Amendments Governing Ownership of Government-Funded Inventions Take Effect Next Week,” Thompson Hine Government Contracts Update, May 2018
- “GAO Issues Final Regulations Implementing Electronic Protest Docketing System,” Thompson Hine Government Contracts Update, April 2018
- “DoD Implementing Enhanced Postaward Debriefing Rights via Class Deviation,” Thompson Hine Government Contracts Update, March 2018
- “GSA Releases Initial E-Commerce Portal Implementation Plan,” Thompson Hine Government Contracts Update, March 2018
- “Enhanced Debriefings and Bid Protest Pilot Program Included in FY 2018 NDAA,” Pratt’s Government Contracting Law Report, March 2018
- “GAO Issues Annual Bid Protest Report To Congress for FY 2017,” Pratt’s Government Contracting Law Report, March 2018
- “DOJ Policy Memos Signal Greater Checks and Balances for FCA Enforcement,” Thompson Hine Government Contracts Update, February 2018
- “RAND Corp. Report’s Recommendations to Defense Department on the Bid Protest System,” Thompson Hine Government Contracts Update, January 5, 2018
- “RAND Corp. Submits Report to Congress on Bid Protest Impacts to DoD Procurements,” Thompson Hine Government Contracts Update, January 3, 2018
- “DOJ Recovers $3.7 Billion in False Claims Act Cases in FY 2017; Total Recoveries Exceed $3 Billion Each Year Since 2010,” Thompson Hine Government Contracts Update, December 2017
- “GSA Issues Notice Regarding Commercial e-Commerce Portals Under NDAA Section 846,” Thompson Hine Government Contracts Update, December 2017
- “GAO Issues Annual Bid Protest Report to Congress for FY 2017,” Thompson Hine Government Contracts Update, November 2017
- “Enhanced Debriefings and Bid Protest Pilot Program Included in FY 2018 NDAA,” Thompson Hine Government Contracts Update, November 2017
- “Senate Passes $700 Billion 2018 National Defense Authorization Act, Including Procurement Reforms,” Thompson Hine Government Contracts Update, September 2017
- “Trump Administration Steps Up Buy American Enforcement,” Thompson Hine Government Contracts Update, July 2017
- Co-author, “Chapter 6,” Construction Law and Public Contracts Reference Manual, Virginia State Bar
A noted lecturer, Tom speaks on a variety of government contracting topics and presents numerous compliance training sessions each year. He also was a faculty member of the National Contract Management Association and The Judge Advocate General’s Legal Center and School.
- Selected to the Washington, D.C. Super Lawyers list, 2017-2021
- Selected for inclusion in The Best Lawyers in America© 2010 to 2022 for Commercial Litigation, and Mediation
- Listed in Legal 500, 2018-2021
- Ranked in Chambers USA, Government: Government Contracts – Nationwide, 2015 and 2016
- Honored with the Legion of Merit Award from the U.S. Department of Defense
Professional Associations
- American Bar Association
- Court of Claims Bar Association
- Board of Contract Appeals Bar Association
Community Activities
- General counsel, Youth Orchestras of Prince William
- Ruling elder, Presbyterian Church in America
Professional Activities
- Dean's Advisory Board, University of Detroit School of Law
- Trustee, Command General and Staff College Foundation
2022 Defense Bills Propel Recent Acquisition Policy TrendsLaw360
October 27, 2021
How Biden's First 100 Days Will Affect Gov't ContractorsLaw360
May 10, 2021
Seven Thompson Hine Lawyers Recognized by Washington, D.C. Super LawyersThompson Hine LLP
April 27, 2021
DOJ’s False Claims Act Recoveries in Fiscal Years 2020 and 2019Pratt’s Government Contracting Law Report
February 01, 2021
What Gov't Contracting Might Look Like Under BidenLaw360
December 23, 2020
Trends In Fiscal 2020 Bid Protests Sustained By GAO: Parts 1 and 2Law360
November 20, 2020
Eight Thompson Hine Lawyers Recognized by Washington, D.C. Super LawyersThompson Hine LLP
April 17, 2020
INSIGHT: How Federal Contractors Can Prepare for Coronavirus DisruptionsBloomberg Law
March 23, 2020
INSIGHT: Coronavirus Vaccine Efforts Spur Contracts for Life Science, Biotech CompaniesBloomberg Law
March 18, 2020