Kelley P. Doran

kelley.doran@sdklaw.net Phone: (202) 583-1888 Bar Admissions Bar of the District of Columbia Bar of the Commonwealth of Virginia Education J.D., Washington and Lee University School of Law (1993), National Moot Court Team B.A., Bates College (1989) cum laude, Political Science, Phi Beta Kappa

Since 1995, Kelley Doran has focused on government contracts counseling, contract negotiation and litigation.  Prior to establishing Shook Doran Koehl LLP, Kelley was a partner with the K&L Gates law firm (previously Preston Gates), joining the firm in 1998.  Kelley has been an adjunct professor for government contracts law at Washington & Lee University School of Law and the University of Baltimore School of Law.  Over the past ten years, Kelley has regularly taught seminars on government contracting for Federal Publications Seminars, operated by West.

Kelley's practice includes representing a broad array of commercial item, defense and homeland security contractors that sell products and services to the federal, state and local governments.  Kelley has worked with product and service companies in numerous industries, including biodefense and life sciences, environmental remediation, homeland security, information technology, and nanotechnology.

Kelley assists companies in market research and business development efforts, responding to proposals, and negotiating contracts with public sector customers.  His practice includes counseling prime and subcontractors on contract negotiations, interpretation issues, risk reduction procedures, compliance matters, rights in software and technical data, small business and other socio-economic issues, and contracting procedures.  Kelley has also represented numerous companies in the acquisition and sale of government contracts and businesses, conducting internal investigations, and responding to government investigations.

He has represented contractors before U.S. federal district and appellate courts, the Court of Federal Claims, the Armed Services Board of Contract Appeals, and other administrative tribunals including the Government Accountability Office and the Small Business Administration's Office of Hearings and Appeals.  Kelley has also represented contractors before several different state administrative tribunals.

Representative Engagements

• GTSI Corp., B–292298, et al., 2003 CPD 85 (Aug. 14, 2003) (bid protest)
• McKesson Automation Systems, Inc., B–290969.3, 2003 CPD 24 (Jan. 15, 2003) (bid protest)
• Systems Management, Inc., et al., B–287032.5, B–287032.6, 2002 CPD 29 (Nov. 19, 2001) (bid protest)
• Size Appeal of Northern NEF, Inc., SBA No. SIZ-4451, 2001 WL 1047460 (Sept. 6, 2001) (SBA size appeal)
• Duke Engineering and Services, Inc., B–284605, 2000 CPD 93 (May 17, 2000) (bid protest)
• Size Appeal of Norvar Services, Inc., SBA No. SIZ-4398, 2000 WL 722633 (May 3, 2000) (SBA size appeal)
• Mar, Inc., B–278929.2, et al., 98–2 CPD 92 (Sept. 28, 1998) (bid protest)
• Electronic Data Systems Corp. v. Zenith Data Systems Corp., 131 F.3d 139 (4th Cir. 1997) (prime / sub dispute)
• Orlando Business Telephone Systems, Inc., B–275053.5, et al., 97–1 CPD 217 (Feb. 21, 1997) (bid protest)
• Zenith Data Systems Corp. v. Electronic Data Systems Corp., No. 96–14–A (E.D. Va. 1996) (prime / sub dispute)
• Successfully represented an offeror in a pre-award agency level protest that reversed its exclusion from the competitive range, later resulting in award of a contract valued in excess of $100 million
• Successful represented an 8(a) contractor in a GAO protest resulting in the agency awarding the contractor a contract valued in excess of $15 million
• Successfully defended against a bid protest filed by a disappointed bidder challenging a $160 million computer hardware contract awarded by the Commonwealth of Pennsylvania
• Represented contractors in state protests in Colorado, Florida, Maine, Washington and New Mexico
• Represented a large government contractor in multiple disputes with the Department of Agriculture relating to breach of contract, changes and delay claims
• Represented a contractor in a breach of contract and payment dispute with the Army
• Represented a former high-level Enron executive before a General Services Administration suspension and debarment proceeding

• Implemented a detailed compliance program for a large privately-held corporation following a government investigation
• Conducted an internal investigation of a contractor involving allegations regarding kickbacks from a subcontractor
• Represented a contractor in a Department of Energy and Defense Contract Audit Agency investigation involving overhead rates
• Represented a government contractor in a Department of Defense (“DOD”) investigation relating to alleged improper commissions under a Foreign Military Financing contract
• Represented a large government contractor in a DOD investigation relating to alleged improper commissions under a Foreign Military Financing contract
• Regularly provide compliance advice and training to a diverse group of large and small government contractors

• Acted as government contracts counsel for a publically-traded company in the acquisition of an environmental, hazardous and radiological infrastructure remediation, and construction services company
• Acted as government contracts counsel for purchaser in a $100 million acquisition of an environmental remediation company
• Represented an IT hardware manufacturer in a multi–million dollar acquisition of an IT reseller
• Represented a large government contractor in the negotiation of a several hundred million dollar IT contract with the DOD
• Represented a large software and consulting services company on various procurement issues involving the District of Columbia, New York, Florida, New Jersey, North Carolina, Pennsylvania and South Carolina

Seminars and Presentations

• Lecturer, “Government Contract Law,” Federal Publications, LLC, Washington, D.C. (2001-2004, 2008-2009) and San Diego, California (2004)
• Lecturer, “Commercial Item Acquisition: Selling Commercial Products and Services to the Federal Government,” Federal Publications, LLC, Washington, D.C. (2003-2006)
• Panelist, “GSA Schedule Risks and Rewards” at the GSA Small Business Network Seminar, sponsored by the U.S. General Services Administration and the Spokane Chamber of Commerce, Spokane, Washington (2003)
• Lecturer, “Commercial Item Acquisition,” U.S. Army Contracting Agency, Capital District Contracting Center, Ft. Belvoir (2003)
• Lecturer, “E–Commerce Issues in Commercial Item Contracting,” Federal Publications, LLC, Washington, D.C. (2000-2002)
• Lecturer, “Commercial Item Contracting,” Federal Publications, LLC, Washington, D.C. (2000)
• Lecturer, “Commercial Item Contracting,” Association of Government Marketing Assistance Specialists, Salt Lake City, Utah (1999) and Boise, Idaho (1999)
• Lecturer, “Defending Your Contract Against a GAO Bid Protest – Strategies for Protecting Your Government Contract Award,” Washington, D.C. (1997)
• Numerous in-house client seminars including contracting with the federal government, commercial item contracting, compliance issues, DCAA time keeping requirements and ethics

Publications

• Co-author, “SBA to Require Updated Contractor Size Status Certifications,” Preston Gates & Ellis E-Alert (November 2006)
• Co-author, “GSA Adds Trade Agreements Act Compliance To Contractor Audits,” Preston Gates & Ellis E-Alert (June 2005)
• Co–author, “Company Stripped of Contract for Failing to Meet Section 508 Accessibility Standards,” Preston Gates & Ellis E-Alert (July 2004)
• Co-author, “Checklist to Compliance – A Guide for Government Contractors,” Preston Gates & Ellis E-Alert (October 2001)
• Co–author, “Giving Gifts May Not be Worth the Gamble,” Preston Gates & Ellis E-Alert (September 2001)
• Co–author, “Selling to the Government? Be Sure to Meet the New Accessibility Requirements Under Section 508,” Preston Gates & Ellis E-Alert (June 2001)
• Co–author, “The Road to Compliance: Commercial Item Government Contracting,” The Metropolitan Corporate Counsel (November 2001)
• Co–author, “Checklist to Compliance,” Internal Auditor Magazine (October 2001)
• Contributing author, The Government Contract Compliance Handbook, Federal Publications, LLC (1999)
• Contributing author, Post–Award Bid Protests at the U.S. Court of Federal Claims, American Bar Association (November 1997)
• Co–author, Defending Your Contract Against a GAO Bid Protest – Strategies for Protecting Your Government Contract Award (1997)

Court Admissions

• Supreme Court of Virginia
• District of Columbia Court of Appeals
• U.S. Court of Appeals for the Fourth Circuit
• U.S. Court of Federal Claims
• U.S. District Court for the Eastern District of Virginia