Mason, Tom

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

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