Francis E. Purcell, Jr.
Francis E. "Chip" Purcell, Jr. is a partner in the Government Contracts practice group. He focuses his practice on all aspects of government contracts law and litigation.
Chip counsels clients on issues involving the formation and performance of government contracts, and represents clients in pre- and post-award disputes involving the government as well as prime contractors and subcontractors. He assists clients in conducting due diligence relative to mergers and acquisitions of government contractors, drafting teaming agreements and subcontracts, addressing organizational conflicts of interest, protecting intellectual property in government contract transactions, addressing small business and other socioeconomic issues and conducting contractor compliance training and internal investigations.
Chip represents clients in disputes before federal courts and administrative bodies, including the U.S. Court of Federal Claims, the Armed Services Board of Contract Appeals and the Government Accountability Office. He also advises clients on issues involving commercial contracting under government agency programs, including the General Services Administration's Federal Supply Schedule program.
Prior to joining Thompson Hine, Chip was special counsel for nearly six years at a Washington-based firm and, before that, a partner for more than five years at a firm based in McLean, Virginia. In those roles, he provided government contract formation, transactional, performance and litigation counseling and support to defense, information technology, cybersecurity, telecommunications, manufacturing and life science clients.
After law school, Chip served as a law clerk to the Honorable Henry Coke Morgan, Jr. of the U.S. District Court for the Eastern District of Virginia.
Representative matters include:
- Participated in due diligence activities related to purchase and sale of government contractors, including the evaluation of contract portfolios, negotiation of agreement terms and conditions and analysis of regulatory compliance issues.
- Successfully represented large defense contractor in appeal before Armed Services Board of Contract Appeals of certified claim for labor costs incurred during aircraft maintenance contract.
- Represented pharmaceutical company in size determination proceedings before the Small Business Administration arising from request for small business waiver of prescription drug fee for review of human drug application.
- Represented information technology provider in multiple claims arising from Defense Information Systems Agency (DISA) software-as-a-service contracts, including successful settlement of multimillion-dollar claim.
- Counseled contractors with respect to performance of federal agency contracts and grant agreements for biomedical and pharmaceutical research and development activities, including those awarded by the National Institutes of Health and the Biomedical Advanced Research and Development Authority (BARDA).
- Assisted defense contractor in lifting of agency suspension of contracting activities, including negotiation of administrative agreement, resolution of civil and criminal proceedings and implementation of corporate compliance program.
- Negotiated computer software license agreements with federal agency customers on behalf of multiple clients, including patient care system provider, satellite telemetry services provider and information technology service provider.
- Advised federally funded research and development centers with contract administration and fiscal law requirements.
- Counseled clients on matters relating to foreign ownership, control or influence (FOCI), including preparation of FOCI action plans arising from investment in contractors and negotiation of approval of action plans by the Defense Security Service.
- Assisted geospatial information provider with receipt of venture capital funding and stock issuance, including due diligence involving intellectual property rights contained in government contracts.
- Successfully represented major defense contractor in appeal of claim involving German social taxes before Armed Services Board of Contract Appeals.
- Developed organizational conflict of interest avoidance and mitigation plan for major defense contractor for $500 million spectrum monitoring contract.
- Assisted in creation of federal government subsidiary for large software provider supporting sale of software and services to government agencies.
- Successfully defended major defense contractor in arbitration involving claims for commission payments for sale of radar equipment under Foreign Military Sales program.
- Represented utility company in spent nuclear fuel litigation before U.S. Court of Federal Claims.
- Represented large defense contractor in acquisition of professional services company, including novation of existing government contracts to the acquiring company.
- Assisted large telecommunications provider in negotiating General Services Administration Federal Supply Services contract.
- Negotiated contract for generation and supply of renewable energy with Department of Defense agency on behalf of energy company.
- Successfully defended large ship repair company in protest of award of multimillion-dollar ship repair contract before Government Accountability Office.
- “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
- "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
- “Section 889 Part B Expands Ban on Federal Contracting with Companies Using Chinese Company Equipment and Services,” Thompson Hine International Trade & Government Contracts Update, July 2020
- “DoD Issues Class Commercial Item Determination for Critical Supplies & Services to Aid COVID-19 Response,” Thompson Hine COVID-19 Update, April 2020
- “CARES Act: Implications for Businesses,” Thompson Hine COVID-19 Update, March 28, 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: 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
- "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
- “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
- “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
- "What to Avoid When Patenting Government-Funded Inventions," Law360, July 14, 2016
- "Department of Defense Finalizes Cybersecurity Rule Impacting IT Contractors," client alert, November 6, 2015
- "New Department of Defense Regulations Mandate the Reporting of Cyber Incidents," client alert, October 20, 2015
- "SBA Proposes Regulations to Implement Sole-Source Contract Awards for Women-Owned Small Businesses," client alert, June 18, 2015
- Co-author, "Year-in-Review: Analysis of Significant Federal Circuit Government Contracts Decisions," Public Contract Law Journal, 2002-2005
- Recognized as a Legal Elite by Virginia Business
- Named a permanent member of the Judicial Conference of the U.S. Court of Appeals for the Fourth Circuit
- Listed in Legal 500, 2018 to 2020
- Past President, Board of Contract Appeals Bar Association
- American Bar Association, Public Contract Law Section
- Fourth Circuit Judicial Conference
- Virginia Bar Association
- Member, Finance Committee, Church of the Annunciation, Washington, D.C.
- Associate Editor, Public Contract Law Journal
March 18, 2020