Overview
Tara L. Ward represents a wide variety of companies that do business with the federal government, ranging from small and emerging tech companies looking to break into or expand their stake in the federal marketplace, to well-established defense, professional services and information technology contractors and subcontractors. Tara’s diverse practice covers the full range of government contracting issues, including litigation and counseling related to bid protests, contract claims and disputes and teaming agreement and other strategic alliance issues. Tara regularly helps clients navigate some of the most nuanced areas of government contract law, including other transaction agreements, small business regulations and supply chain issues.
Tara is recognized as a top government contracts lawyer across notable publications, including Chambers USA, The Legal 500 US, Law360 and Super Lawyers. She is a Professorial Lecturer in Law at The George Washington Law School, the only law school with a nationally recognized Government Procurement Law LLM program. She also serves as editor-in-chief for Public Contract Law Journal. Tara received her AB (magna cum laude) from Princeton University and her JD (with honors) from The George Washington University Law School.
Results
Bid Protests and Intervention
- Regularly represents clients in bid protests before the US Government Accountability Office (GAO), the US Court of Federal Claims (COFC), federal government agencies and state and local administrative entities*
- Litigates bid protests on behalf of protesters as well as intervenors, including in post-award protests related to alleged organizational conflicts of interest (OCI), the adequacy of discussions, agency evaluations of proposals and best value decisions*
- Represents clients in pre-award protests, including challenges to the terms of a solicitation and elimination from a competitive range*
- Counsels clients through the life cycle of contract award and any related protests, including assistance navigating debriefing requirements, analysis of potential protest grounds and available forums and related matters*
Contract Claims and Disputes
- Assists clients in analyzing, preparing, submitting, and negotiating requests for equitable adjustment and certified claims related to issues arising in contract performance*
- Represents government contractors in a wide variety of disputes with the government, including claims, terminations, cost disallowances and contracting officer final decisions before the Boards of Contract Appeals and the COFC*
Regulatory and Compliance Counseling
- Advises clients on OCI identification, avoidance and mitigation, with particular attention to the types of activities and contract work that can give rise to a biased ground rules OCI, impaired objectivity and unequal access to information*
- Counsels clients on domestic preference requirements and country of origin issues under the Buy American Act (BAA), the Trade Agreements Act (TAA), the Berry Amendment and others*
- Advises clients on supply chain issues, data rights and cybersecurity, including compliance with Section 889*
- Counsels clients on issues related to the government’s acquisition of commercial products and services as well as issues related to GSA Schedule contracts, including commercial sales practices (CSP) disclosures, compliance with the Price Reductions Clause (PRC), audits, Transactional Data Reporting (TDR) and other Schedule contracting issues*
- Advises clients regarding cost allowability issues and compliance issues, including submission of certified cost or pricing data under the Truthful Cost or Pricing Data Act (previously Truth in Negotiation Act, or TINA), allowability of costs incurred under FAR Part 31, the Cost Accounting Standards (CAS), Defense Contract Audit Agency (DCAA) audits and business system audits*
Teaming Arrangements and Other Strategic Alliances, Including for Small and Emerging Businesses
- Assists clients in crafting, negotiating, and, if necessary, litigating a wide variety of business agreements, including teaming agreements, subcontracts and nondisclosure agreements*
- Conducted a multi-week trial and won all 13 counts for a government contractor in litigation over teaming agreement, employee noncompetes, and theft of trade secrets. Futrend Technology, Inc. v. MicroHealth LLC, 2020 WL 4982524 (Va. Cir. Ct.) *
- Assists companies entering or considering entering the federal marketplace with a wide variety of government contract issues, including training and counseling on standard contract clause requirements, development and implementation of compliance programs and regulation and oversight of the supply chain*
- Counsels clients on small business subcontracting and socioeconomic obligations, including as part of strategic planning for corporate reorganizations, mergers, and acquisitions*
Construction Contract Counseling and Disputes
- Represents construction contractors, subcontractors, owners, developers, design professionals, and insurers in construction disputes before the Boards of Contract Appeals, in federal court and in arbitrations*
- Counsels and helps contractors navigate construction-specific rules and regulations, including analysis of legal risk related to multiphase design-build projects*
- Represented a construction contractor and subcontractor in a three-week hearing at the Civilian Board of Contract Appeals (CBCA) related to expansion of a medical center, including, among other issues, excusable and compensable delay, constructive changes and Eichleay damages*
- Represented a large construction contractor in a six-week hearing at the CBCA regarding issues arising under a significant US embassy project, including differing site conditions; delay; including Critical Pat Method (CPM) analysis; superior knowledge; and changed conditions*
- Negotiated a favorable settlement for an Indonesian construction company in an arbitration related to a USAID contract for the design and reconstruction of a road following an earthquake and tsunami*
*Matter handled prior to joining McDermott.
Recognitions
- George Washington Law Alumni Association, Recent Alumni Award, 2024
- Law360, “Rising Star”, Government Contracts Law, 2021
- Chambers USA, Government Contracts, 2021-2024
- Legal 500 US, Government Contracts, 2019 to 2021, 2023-2024
- Super Lawyers, “Rising Star”, Government Contracts, 2015 to 2020
- SmartCEO, Washington Power Player Finalist, 2014
Community
- American Bar Association (ABA), Section of Public Contract Law
- Section Council
- Public Contract Law Journal, Editor-in-Chief, 2017 to present; Managing Editor, 2015 to 2017; Associate Editor, 2011 to 2015
- Bid Protest Committee
- Contract Claims and Disputes Resolution Committee
- Commercial Products and Services Committee
- International Association of Defense Counsel (IADC)
- Business Litigation Committee
- Construction Law and Litigation Committee
- National Contract Management Association (NCMA), 2010 to present
- Court of Federal Claims Bar Association
- Federal Circuit Bar Association
- DC Bar Association
Credentials
Education
The George Washington University Law School, JD, with honors, 2009
Princeton University, AB, magna cum laude, 2003
Admissions
District of Columbia
Virginia
Courts/Agencies
US Supreme Court
US Court of Appeals for the Federal Circuit
US District Court for the Eastern District of Virginia
US District Court for the District of Maryland
US Court of Federal Claims