Bob Tompkins is a partner in Holland & Knight’s Washington, D.C., office and co-chair of the National Government Contracts Practice. Mr. Tompkins provides strategic advice and counsel to government contractors, their management and investors. He is experienced in government contract protests and disputes, government investigations and related proceedings, mergers and acquisitions, matters related to the U.S. Small Business Administration (SBA) government contracting programs and providing general counseling to clients. He also serves as a member of the firm’s Risk and Crisis Management Team and represents contractors and grant recipients in complex, high-stakes matters, including congressional investigations, inspector general inquiries, suspension and debarment proceedings.
Government Contract Bid Protests and Disputes
Mr. Tompkins has represented clients in numerous bid protests at the Government Accountability Office (GAO), the Federal Aviation Administration (FAA) Office of Dispute Resolution for Acquisition (ODRA), and the U.S. Court of Federal Claims, as well as in agency-level protests. He also represents a wide range of companies in small-business protests and appeals to the SBA Office of Hearings and Appeals (OHA). Mr. Tompkins advises clients on responding to federal procurement solicitations, as well as how to interpret and comply with federal procurement law, including the Federal Acquisition Regulation (FAR).
Government Investigations, Audits, Suspension and Debarment
Mr. Tompkins assists clients with practical strategies to develop and carry out internal investigations and to respond to external government audits and investigations. As a member of the firm’s Risk and Crisis Management team, Mr. Tompkins has experience representing clients in high-stakes, multifaceted matters often involving all three branches of government as well as media and public relations strategies. Mr. Tompkins has represented clients in connection with investigations by the GAO, various Offices of Inspector General (OIGs), the Department of Defense, the SBA, the Department of Energy and the Department of Justice, among others. Mr. Tompkins has also represented clients in congressional investigations. Clients call on Mr. Tompkins to help them navigate suspension and debarment proceedings, avoid suspension and debarment or negotiate an appropriate administrative agreement to have a suspension or debarment lifted. He is well-versed in advising contractors on making voluntary disclosures to the government regarding potential violations and complying with the mandatory disclosure requirements set forth in Federal Acquisition Regulation (FAR) Part 3.
Government Contracts Compliance Services
Mr. Tompkins has developed a wide range of ethics and compliance programs for companies of all sizes. He assists contractors with compliance program assessments and evaluations, and advises management on best practices for developing, maintaining, and improving ethics and compliance programs. He also counsels clients on establishing internal processes and controls to handle reports of potential ethics and compliance violations.
Small Business and SBA Matters
Mr. Tompkins guides clients through all aspects of the government contracting programs offered by the SBA such as the 8(a), HUBZone and Service-Disabled Veteran-Owned (SDVO) and Women-Owned Small Business Programs. He counsels government contractors on participation in SBA’s 8(a) mentor-protégé program and in forming joint venture and teaming arrangements with other entities to effectively pursue complex government procurements. He has also helped several small businesses obtain 8(a) certification and establish themselves as 8(a) contractors.
In particular, Mr. Tompkins focuses on assisting Alaska Native Corporations (ANCs) and Indian tribes participating in the SBA's 8(a) Program. His in-depth knowledge of the program requirements and benefits available to tribal- and ANC-owned businesses helps these clients through all stages of development. In addition to advising on core government contracts issues, Mr. Tompkins’ counsel to tribes and ANCs includes advising on: preparing and applying for admission to the 8(a) Program; establishing effective internal controls and risk management policies to ensure program compliance; structuring business arrangements with other entities, including teaming agreements, subcontracts, joint ventures and administrative services agreements in compliance with SBA requirements; and government proceedings, including size determinations, appeals to SBA’s Office of Hearings and Appeals, and investigations by the SBA’s Office of Inspector General.
Government Contract Transactions and Due Diligence
Numerous government contractors, private equity firms and venture capital firms seek Mr. Tompkins guidance in conducting due diligence of potential acquisition or investment targets in the government contracts industry. For many of these entities, he focuses on transactions involving target companies with small business or 8(a) contract backlogs and also assists with post-acquisition integration and compliance issues.
Grants and Cooperative Agreements
Mr. Tompkins’ background also extends to federal grants and cooperative agreements. He counsels on compliance with Office of Management and Budget circulars, other regulations governing federal assistance agreements and developing compliance programs to meet the administrative and regulatory requirements that accompany the receipt of federal funds. Mr. Tompkins has successfully litigated bid protests involving application of the Federal Grant and Cooperative Agreement Act (FGCAA).