Joseph R. Berger

Joe is counsel in the Government Contracts and Construction practice groups. He has extensive experience in the representation of government contractors in bid protests, litigation, investigations, False Claims Act (FCA) cases, and contract, compliance and regulatory matters. Joe’s government contract and litigation experience includes high-profile FCA matters, bid protests in multiple forums, wartime contracting investigations, and litigation over disputes encompassing contract formation and interpretation, proposal and award, subcontracts and teaming, the Federal Acquisition Regulation, the General Services Administration (GSA) Schedule, intellectual property and data rights.

Joe has helped contractors reach favorable settlements in FCA matters involving hundreds of millions in alleged damages sought by plaintiffs; deposed and defended witnesses at depositions in FCA contract-related litigation; and won summary judgment and motions to dismiss in FCA, securities, and IP litigation involving government contracts. His FCA and litigation experience includes internal investigations, civil discovery proceedings, settlement negotiations, and government contract-related disputes involving dozens of federal agency procurement actions.

Joe’s bid protest experience includes more than 75 protests before the U.S. Government Accountability Office (GAO), the U.S. Court of Federal Claims (CoFC) and executive agencies; winning favorable decisions on behalf of both protesters and awardees; securing corrective action by agencies; and working with agency and Department of Justice (DoJ) attorneys to defend awards.

Joe has secured contract awards and restoration to the competitive range in five protests over contracts with billion- or multibillion-dollar ceilings. He has also secured six decisions by GAO sustaining protests, numerous agency corrective actions, and favorable decisions for awardees, incumbents, and intervenors by the CoFC, GAO, and agencies.

Joe handled all corporate split issues leading to GAO’s precedent-setting sustained decision in Wyle Laboratories, B-408112.2 (Dec. 27, 2013). Prior to joining Thompson Hine, Joe had more than ten years' experience in the field of government contracts at a Washington, D.C. law firm, and served as a law clerk to the Honorable Susan G. Braden at the U.S. Court of Federal Claims.

Good to know

Job Types Counsel
Areas of Practice 1) Government Contracts and 2) Construction
Law School Columbia University School of Law (J.D.,2000)
Admitted Year 2001
Education Dartmouth College (B.A.,1996)
Bar Member / Association District of Columbia State Bar Associations
Most recent firm Thompson Hine LLP
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