From everyone here at Ferlise and Associates, we wish you a very Happy Holiday season and a peaceful and prosperous New Year!
Victor Ferlise, Michael Ferlise and Wendy McCutcheon will be attending the upcoming National Veterans Small Business Engagement (NVSBE) in Minneapolis. NVSBE is the premier event for Veteran-Owned Small Businesses and Service-Disabled Veteran-Owned Small Businesses to connect with Procurement Decision Makers, program specialists, and contracting experts from the federal and commercial marketplaces.
Effective October 1st, task order “fair opportunity” awards by civilian agencies are not protestable, regardless of dollar value, except in very narrow circumstances. (i.e. if the task order is outside the scope of the underlying IDIQ, or exceeds its maximum ceiling or effective period. Those sort of challenges can still be made before the GAO or Court of Federal Claims.) The statute creating GAO jurisdiction over fair opportunity task order awards in excess of $10M by civilian agencies contains a “sunset” provision that causes the jurisdiction to expire after FY ’16. (The statute creating such jurisdiction for DoD agencies did NOT have that sunset provision, and accordingly their situation is unaffected.)
The FY 2017 National Defense Authorization Act (both the House and Senate versions) contains language that would reestablish GAO jurisdiction over such protests if they exceed $10M. However, until the Act is effective, contractors wishing to challenge such awards made by civilian agencies will have no formal recourse.
Victor Ferlise and Michael Ferlise will be attending the Association of the United States Army (AUSA) Annual meeting in Washington, D.C.
Held every October, the AUSA Annual Meeting & Exposition is the largest land power exposition and professional development forum in North America. This event consists of informative and relevant presentations, panel discussions on pertinent military and national security subjects, workshops and important AUSA business meetings.
If you are interested in attending please click HERE to register.
We are pleased to announce that, on September 1st, Vincent Buonocore, Esq. joined the team!
Vince comes to us from the Department of Veterans Affairs (VA) where he served as the Senior Information Technology Procurement Counsel, co-located with the Technology Acquisition Center (TAC). In that capacity, he supervised a staff of 18 attorneys located in Eatontown, NJ and Austin, TX, supporting all IT related programs within the agency. He personally acted as counsel on all major VA IT acquisitions from 2010 through his retirement from Federal Service in August 2016 including the multi-billion dollar “Total Technology Transformation Twenty-One” (T4) and T4 Next Generation procurements. Under his supervision, the TAC obtained favorable outcomes in more than 70 Government Accountability Office (GAO) or Court of Federal Claims protests, while successfully awarding approximately $20B in contracts, earning him the Department’s Exemplary Service Award earlier this year.
Prior to joining VA, Vince served 26 years with the Department of the Army, first as a commissioned Judge Advocate Officer, then as a civilian contracts attorney with the U.S. Army CECOM, Fort Monmouth, NJ. From 2009 to 2010, he served as Acting CECOM Chief Counsel, managing the practice of 60 CECOM attorneys and Patent Advisors across four geographic locations, and served as the final authority on all legal matters pertaining to CECOM and other resident activities, to include acquisition and litigation strategies. The office supported an Army IT research, development and acquisition activity, comprised of over 5,000 personnel, which sustained more than half of the Army’s fielded inventory, and awarded over $19B in any given fiscal year. The practice included major complex pre- and post-award contractual matters, including formal best value source selections, GAO protests, Board or Contract Appeals/Federal Court litigation, environmental, ethics, fiscal, intellectual property, public sector Labor/EEO, Freedom of Information/Privacy Act, and operational and administrative law. During his tenure, Vince managed every aspect of office operations, and served as counsel to the Source Selection Authority (SSA) on all major source selections being conducted by the Command; the senior Command Ethics Advisor; and Initial Denial Authority on all Freedom of Information Act requests.
Prior to his assignment as Acting Chief Counsel, Vince served as Deputy to the Chief Counsel, and was responsible for all aspects of the Command’s involvement in Homeland Security, in particular, mechanisms for assisting non-Federal antiterrorism efforts including crafting guidance for the Office of Federal Procurement Policy that would permit non-Federal authorities to utilize Department of Defense contracts to acquire antiterrorism technologies. He assisted in fashioning cooperative research and development agreements with non-Federal authorities, including the State of New Jersey and Port Authority of New York/New Jersey, to facilitate exporting communications-electronics technology in support of such efforts. Further, during his Army tenure, Vince provided comprehensive legal support to the Army’s Night Vision Laboratory, Counter Mine, and Mobile Electric Power operations.
During his Army career, Vince was honored with numerous awards, including the Army Decoration for Meritorious Civilian Service, the Meritorious Service Medal, Army Commendation Medal and being named Army Materiel Command’s Joyce I. Allen Attorney of the Year (2001) and Francis J. Buckley, Jr. Manager of the Year (2008).
Vince was commissioned a 1st Lieutenant upon his graduation from the United States Army Judge Advocate General’s School in 1984. He earned his BA in History/Political Science from Fordham University in 1979 and his JD from the Maurice A. Deane School of Law at Hofstra University in 1982. His articles on Procurement Fraud and Board of Contract Appeals practice have appeared in The Army Lawyer. He was admitted to practice before the United States Supreme Court in 2011.
Welcome aboard Vince!
Victor Ferlise, the founding partner of Ferlise and Associates, was formally inducted into the Communications-Electronics Command (CECOM) Hall of Fame on April 7th 2016.
Victor was recognized as the first-ever civilian to fill the role of Deputy to the Commanding General of CECOM, assuming the position in 1992 until his retirement from federal service in 2007. Victor oversaw the development of the Team Fort Monmouth concept and transitioned it into the Command, Control, Communications, Computers, Intelligence, Surveillance and Reconnaissance, or “Army Team C4ISR” concept.
Other inductees from the inaugural class, include former commanders retired Lt. Gen. Emmett Paige Jr. and retired Maj. Gen. Robert Morgan; former Civilian Executive Assistant/ Deputy to the Commander of Tobyhanna Army Depot Mason C. Linn; and nuclear physicist and world-renown authority on nuclear-radiation technology Dr. Stanley Kronenberg.
“This Hall of Fame is only a small token, a small placeholder where we recognize in such a small way, larger contributions for a greater good,” said Maj. Gen. Crawford, the current CECOM Commander at Aberdeen Proving Ground.
Victor Ferlise, Michael Ferlise and Frank Faraci will be attending the upcoming AUSA Global Force Symposium in Huntsville Alabama from March 14th through the 16th.
The featured command at the symposium will be the Army Materiel Command (AMC). AMC is the Army’s premier provider of materiel readiness – technology, acquisition support, materiel development, logistics power projection, and sustainment – to the total force, across the spectrum of joint military operations. If a Soldier shoots it, drives it, flies it, wears it, eats it or communicates with it, AMC provides it.
Victor Ferlise, Michael Ferlise and Wendy McCutcheon will be attending the upcoming National Veterans Small Business Engagement (NVSBE) in Pittsburg. NVSBE is the premier event for Veteran-Owned Small Businesses and Service-Disabled Veteran-Owned Small Businesses to connect with Procurement Decision Makers, program specialists, and contracting experts from the federal and commercial marketplaces.
We are pleased to announce that John Reynolds, Esq. has joined the team!
Prior to joining Ferlise and Associates in November 2015, John was an attorney for the Department of Veterans Affairs (VA), Office of General Counsel. In that capacity, he served as a legal advisor on a wide variety of Information Technology related contract actions in support of the VA Technology Acquisition Center in Eatontown N.J. as well as other VA contracting offices.
Before his time with the VA, John was an Attorney-Advisor in the Office of General Counsel, U.S. Army Communications-Electronics Command, Ft Monmouth, N.J. During that period, John’s workload included: Business Law Division supervisor, public sector Labor/Equal Employment Opportunity actions; Foreign Military Sales; environmental law, ethics guidance, Freedom of Information Act/Privacy Act guidance, Congressional inquiry responses, Anti-Deficiency Act and AR 15-6 investigations, construction contracting, fiscal law, operational/administrative law, major complex pre and post-award contractual actions including disputes, U.S. Government Accountability Office and Contracting Officer level protests, Alternative Dispute Resolution, Armed Services Board of Contract Appeals actions and numerous high dollar critically needed ‘best value’ source selections.
John has received numerous civilian awards and decorations, most notably the Army Materiel Command’s (AMC) 2004 Joyce I. Allen Attorney of the Year award and AMC’s 2006 Team Project Award. John also served as a Captain in the U.S. Army Judge Advocate Corps from 1977 to 1981.
Welcome aboard John!