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Thomas L. McGovern III
Partner, Washington, D.C.
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Tom McGovern is the Practice Area Leader for the firm's government contracts practice. He is a litigator with extensive experience in all types of government contracts matters, including bid protests, disputes/claims, termination settlements, misconduct investigations, and suspension and debarment cases.

Tom has more than 30 years of government contracts and grants experience in both the government and private practice. Since he joined Hogan & Hartson in 1987, Tom has handled high-stakes cases for major defense/aerospace contractors, information technology companies, and research institutions. He is well-known for his bid protest work before the Court of Federal Claims, the Government Accountability Office (GAO), and the FAA Office of Disputes Resolution for Acquisition. He also has appeared on behalf of clients in contract dispute cases before the Court of Federal Claims and Boards of Contract Appeals. In addition to litigation, Tom advises clients on numerous other procurement-related matters, including subcontracts, teaming agreements and related disputes, suspension and debarment matters, schedule contract compliance issues, small and minority-owned business programs, personal and facility security clearances, information assurance obligations, and defense of qui tam lawsuits. He regularly teams with partners in the firm's white collar practice on significant procurement misconduct cases.

Tom writes and speaks frequently on such topics as GAO practice and procedure, the Contract Disputes Act, privatization and outsourcing, third party liability/risk mitigation, and past performance.

Prior to law school, Tom served on active duty in the Air Force as a contract negotiator at the Electronic Systems Center and as an Administrative Contracting Officer at Fairchild Republic Company. After leaving active duty in 1984, Tom continued to serve in the Air Force Reserve and retired in 2007 as a colonel. Tom's last assignment was with the U.S. Air Force Senate Liaison Office.

Recently, McGovern, was selected as one of the Law360 MVP's of the year for his work leading bid protests, investigations, as well as providing counsel to clients on suspension/debarment matters and obtaining a favorable settlement for a major DOE management and operations company.

Hogan Lovells Publications
09 October 2015 ""Pay Transparency" Final Rule Bans Government Contractor Pay Secrecy Practices." Employment and Government Contracts Alert, Hogan Lovells

11 September 2015 "Executive Order Establishes Paid Sick Leave for Federal Contractors and Subcontractors." Labor and Employment Alert, Hogan Lovells

02 September 2015 "Pending Proposals and the Purchase or Sale of a Government Contractor: What Are the Bid Protest Risks?" Focus on Regulation, Hogan Lovells

08 July 2015 "Proposed Rule and Guidance — Fair Pay and Safe Workplaces: New Disclosure Requirements and Standards for Reporting Labor Law Violations." Government Contracts Alert, Hogan Lovells

29 June 2015 "U.S. Government Steps Up Cybersecurity Efforts With New Rules for Export Controls, Economic Sanctions." International Trade Alert, Hogan Lovells

11 August 2014 "Executive Order — Fair Pay and Safe Workspaces: New Contractor Responsibilities and the Continued Expansion of Labor Law Requirements." Government Contracts Alert, Hogan Lovells

18 July 2014 "2014 Intelligence Authorization Act Requires Contractors to Report Cybersecurity Breaches." Cybersecurity Alert, Hogan Lovells

09 July 2014 "What Are the Implications of In Re Kellogg Brown & Root, Inc on Privilege Concerns in an Internal Investigation?" Investigations, White Collar and Fraud Alert, Hogan Lovells

05 June 2014 "Iran Sanctions - Legislative Developments." Sanctions Alert, Hogan Lovells

11 March 2014 "Does the Attorney-Client Privilege Survive in the Corporate Compliance Investigation: A Recent Decision in United States ex rel. Barko v. Halliburton Company et al.." Investigations, White Collar and Fraud Alert, Hogan Lovells

08 January 2014 "11th Circuit Holds That Companies May Be Indefinitely Suspended on the Basis of an Indictment of an Affiliate; No Independent Showing of Wrongdoing Is Required." Government Contracts Alert, Hogan Lovells

14 November 2013 "OFCCP Expands Affirmative Action for Individuals With Disabilities and Protected Veterans." Employment and Government Contracts Alert, Hogan Lovells

11 July 2013 "District Court applies Christian Doctrine, upholds hospitals as subcontractors subject to OFCCP anti-discrimination provisions." Government Contracts and Employment Law Alert, Hogan Lovells

20 May 2013 "Department of Defense begins process of implementing procurement regulations intended to combat counterfeit parts in the Department’s supply chain." Government Contracts Alert, Hogan Lovells

08 April 2013 "Continuing Resolution Funds the Federal Government for FY 2013 but Introduces China Cyber-espionage Provision." Cybersecurity Alert, Hogan Lovells

19 March 2013 "New directive expands OFCCP investigations into compensation discrimination." Employment and Government Contracts Alert, Hogan Lovells

13 June 2012 "DOD voluntary cyber security program requirements may limit participation opportunities for some government contractors." Government Contracts Alert, Hogan Lovells

15 September 2011 "Department of Labor rule will require contractors to offer employment to certain displaced service employees of predecessor contractors." Government Contracts Alert, Hogan Lovells

Published Works
February 2012 "Risk Mitigation for U.S. Government Contractors Both at Home and Abroad." Government Contract Year in Review Conference Brief, West/Thompson Reuters

30 January 2008 "Specialty Metals Compromise Forged." The Government Contractor, Thomson/West

August 2007 "A Level Playing Field: Why Congress Intended the Boards of Contract Appeals to Have Enforceable Subpoena Power Over Both Contractors and the Government." Public Contract Law Journal

01 April 2007 "Risk Mitigation Approaches for Government Contractors." Briefing Papers, Thomson West

01 January 2007 "Year in Review Conference Briefs: Risk Mitigation." West

07 December 2005 "Group Seven Assocs., LLC Calls Into Question COFC Jurisdiction Over Downselect Competitions Among GSA FSS Contract Holders." The Government Contractor, Thomson/West

01 January 2003 "Year in Review Conference Briefs: Outsourcing and Privatization." West

01 January 2002 "Past Performance Handbook." Management Concepts 2002

01 January 2002 "Year in Review Conference Briefs: Outsourcing and Privatization." West

01 April 2001 "The Top Ten 'Drags' on Competition in the A-76 Environment." The Procurement Lawyer, no. 36 (Spring 2001)

01 January 2001 "Year in Review Conference Briefs: Outsourcing and Privatization." West

12 July 2000 "Can the Government Go Fast Forward on Reverse Auctions?" The Government Contractor

01 January 2000 "Year in Review Conference Briefs: Outsourcing and Privatization." West

01 February 1999 "GAO Protest Timeliness Rules." Briefing Papers

01 May 1996 "Government Shutdown Claims: Can Contractors Recover for Financial Damage?" Contract Management 36, no. 5

Government Contracts
Aerospace, Defense, and Government Services
  • Appropriations Law
  • Bid Protests
  • Cybersecurity DoD Information Assurance
  • Contracts Claims and Termination Settlements
  • Misconduct Investigations
  • Suspension and Debarment
  • Prime/Subcontractor Disputes
  • Unmanned Aircraft Systems
J.D., with distinction, Stanford Law School, 1987 M.B.A., with distinction, Babson College, 1982 B.S., United States Air Force Academy, 1979
  • Fellow, American Bar Foundation
  • Past Co-chair, Homeland Security Committee, American Bar Association, 2008-2010
  • Past Co-chair, Contract Claims and Disputes Committee, American Bar Association, 2003-2007
  • Vice-Chair, ABA CCDRC, 2008-present
  • Member, Government Contracts and Litigation Section, Bar Association of the District of Columbia, 2008-present
  • Member, Law360's Government Contracts Editorial Advisory Board
  • Chambers USA, Government: Government Contracts, 2006-2015; Government Contracts: Bid Protests, 2012-2015
  • Legal 500 US, Government Contracts, Leading Lawyer, 2015
  • Law360, MVP of the Year, 2014
  • Who's Who Legal, Public Procurement, 2014
  • Washington, D.C. Super Lawyers, Government Contracts, 2013-2014
  • Washingtonian Magazine, Top Lawyers, Government Contracts, 2013
BAR ADMISSIONS / QUALIFICATIONS California District of Columbia
COURT ADMISSIONS U.S. Court of Federal Claims U.S. Court of Appeals, Federal Circuit U.S. District Court, District of Columbia U.S. District Court, District of Maryland