Phillip Seckman represents clients concerning government and commercial contract matters. Mr. Seckman’s practice spans a broad range of subjects related to federal procurement law, state and local procurement law, and complex federal regulatory issues. He concentrates his practice in the areas of commercial item acquisitions, GSA schedule contracting, compliance and internal investigations, and bid protests (both federal and state). A significant component of his practice involves government contract cost allowability, proper cost accounting, and cost and pricing issues.
Mr. Seckman has significant experience in the assessment, presentation, and litigation of complex contract claims. Mr. Seckman also has significant experience assisting clients in establishing policies and procedures to ensure compliance with government contract requirements. When potential non-compliances have been identified, Mr. Seckman has assisted in the internal review and assessment of these issues and has aided clients in the preparation of appropriate disclosures when required. In the recent past, a significant component of his practice has been in support of counseling and litigation on behalf of large stability operations and construction contractors performing in the Middle East war zones. Mr. Seckman frequently writes and lectures regarding commercial item acquisitions, GSA schedule contracting, business systems, FAR Mandatory Disclosure Rule, and cost accounting issues.
Mr. Seckman has been recognized as a 2013, 2014 and 2015 “Rising Star” by Colorado Super Lawyers.
- Lead counsel in numerous bid protest matters before the Government Accountability Office and the Court of Federal Claims.
- Lead counsel in the development, pursuit and negotiation of multi-million dollar construction contract equitable adjustment.
- Lead counsel in the prosecution and settlement of a claim for reimbursement of legal costs incurred by a contractor defending against various third-party claims. The successful negotiation and settlement resulted in the recovery of over 95% of claimed costs.
- Successfully obtained a sustained protest victory involving a Colorado State procurement for the new Pharmacy Benefits Management System valued at over $200M. The state agency then restructured the solicitation based on the results of the protest action.
- ATK Thiokol v. United States, 598 F.3d 1329 (Fed. Cir. 2010) (co-authored the appellate briefs that aided victory in the landmark case regarding IR&D costs).
- American Ordnance, LLC, ASBCA No. 54718 (Feb. 17, 2010) (finding entitlement to breach of contract for defective specifications relating to the melt pour of 155MM M107 Howitzer Shells).
- "Don't Be an Example; Why Focusing Now on the Recent DFARS UCTI Rule is Essential," co-author, BNA Federal Contracts Report, May 13, 2014.
- "Framework As Foundation: How Government Contractors Can Use the NIST Cybersecurity Framework," co-author, BNA Federal Contracts Report, April 15, 2014.
- “Cybersecurity Requirements for Government Contractors: Untangling the Web,” co-author, Bloomberg BNA Federal Contracts Report, March 25, 2014.
- "Let’s Just Pretend the FAR Change Didn’t Happen," The Coalition for Government Procurement, April, 2013.
- "APA now the main control over new PPACA rules," co-authored by Phillip R. Seckman and Amy M. Siadak, Managed Healthcare Executive, August, 2012.
- "DCAA’s Business Systems Audit Guidance: Clarity. . . and Reason for Concern," co-authored by Phillip R. Seckman and Tyson J. Bareis, Bloomberg BNA Federal Contracts Report, July 31, 2012.
- "DCAA Malpractice: Recovery of Damages," co-authored by Thomas A. Lemmer, Phillip R. Seckman, and Joseph G. Martinez, Bloomberg BNA Federal Contracts Report, May 15, 2012.
- “It’s Getting Complicated – The MAS Program’s “Simplified” Acquisition Process,” The Coalition for Government Procurement, April, 2012.
- "A Significant Expansion of Public Access - Executive Compensation Disclosure Rule Is Finalized," Coalition for Government Procurement, March, 2012.
- "Maximizing Contractor Recovery of IR&D Costs: Federal Circuit Affirms ATK Thiokol," Procurement Lawyer, co-author, Summer, 2010.
- "Federal Circuit Provides Needed Clarity On Proper Classification of IR&D Costs," Federal Contracts Report, co-author, April 6, 2010.
- "Issues with Bids, Proposals, and Awards," Colorado Procurement Handbook Chapter, 2009.
Activities and Affiliations
- Presenter, “The DFARS UCTI Clause – How It Impacts the Subcontract Relationship” National Contract Management Association World Congress, July, 2015
- Presenter,” Subcontract Flowdowns Best Practices and Emerging Issues,” and “Cybersecurity Developments -What Contractors Need to Know,” National Contract Management Association Denver Chapter Spring Seminar, April, 2015
- Presenter, "Government Contract Change Essentials" Lorman Webinar, January, 2015
- Presenter, "Counterfeit Parts and Cybersecurity‑Emerging Requirements Create New Purchasing Challenges" Institute for Supply Management, October, 2014
- Presenter, “DCAA Audit Case Studies and Q&A: How to Deal with Different Scenarios and Practical Tips to Manage the Audit Process” American Conference Institute, July, 2014
- Presenter, “Subcontract Flowdowns Best Practices and Emerging Issues” National Contract Management Association World Congress, July, 2014
- Presenter, “Cybersecurity & Subcontract Flowdown Best Practices” National Contract Management Association Del Norte Chapter, May, 2014
- Presenter, “Truth in Negotiations Act” National Contract Management Association San Antonio Chapter, May, 2014
- Presenter, “Navigating the Bid Protest Landscape” National Contract Management Association Space City Houston Chapter,May, 2014
- Presenter, "Affordable Care Act: What Government Contractors Need to Focus on Now” National Contract Management Association, February, 2014
- Presenter, “Cybersecurity Developments – What Contractors Need to Know” Public Contracting Institute, February, 2014
- Presenter, “Legislative & Regulatory Update” Federal Publications Western Briefing Conference, December, 2013
- Presenter, “Subcontract Flowdown: Best Practices From Both the Prime and Subcontractor Perspective” National Contract Management Association World Congress, July, 2013
- Presenter, “Allowability of Subcontract/Consultant Costs and Challenges Presented For Procurement System Management” National Contract Management Association World Congress, July, 2013
- Presenter, "Commercial v. Noncommercial Items" Public Contracting Institute, July, 2013
- Presenter, “GSA MAS Contracting & Commercial Item Issues” National Contract Management Association Denver Chapter, March, 2013
- Presenter, "Subcontracting and Purchasing Systems" Colorado Bar Association, June, 2012
- Presenter, "New DCAA Audit Guidance" American Bar Association, June, 2012
- Presenter, "OCIs and TINA" National Contract Management Association Denver Chapter, March, 2012
- Presenter, "The Civil False Claims Act & Mandatory Disclosure: an Evolving Compliance Environment" National Contract Management Association - Fall Seminar, November, 2010
- Presenter, "Changes to the FAR: New Mandatory Reporting Rule," National Contract Management Association-Denver Chapter, April, 2009
- Presenter, "Issues with Bids, Proposals, and Awards," Federal Publications Seminars, June, 2008
- American Bar Association, Commercial Products and Services Committee, Vice Chair
- Colorado Bar Association
- NCMA Denver, Officer and Board Member, CPCM