DAVID R. SMITH, Esq.

3527 Laurel Leaf Lane Admitted in VA, DC, MD

Fairfax, Virginia 22031 DoD Secret Security Clearance
(703) 283-8180 ds4bdf36@westpost.net
PROFESSIONAL EXPERIENCE
David R. Smith, LLC. May 2010 to Present
Falls Church, VA
Consultant to government contract firms providing advice and assistance with dra
fting terms and conditions, nondisclosure agreements, joint venture opportunitie
s and negotiation with government and commercial customers. Develop teaming arra
ngements with prime and subcontract businesses. Structure business entities and
develop standard operating procedures. Review internal procedures for managing c
ontracts and developing human resources policies, procedures and employment agre
ements. Assist with preparation of bid protests and contract claims and governm
ent contract audits. Serve on proposal review teams and assist in proposal prep
aration. Handle the collection of accounts receivable involving government and
commercial organizations and vendors.
Contracts Manager/Legal Counsel 2007 to April 2010
CMI Management, Inc., Alexandria, VA
Manage all contract activity for the corporation and authorized to sign all cont
ractual documents. Report to the President & CEO and provide advice to executive
and program management personnel on government contract law; Federal Acquisitio
n Regulations requirements and serve as advisor on contract performance and risk
management. Negotiate terms and conditions with government contracting officer
s and subcontractors. Manage small business subcontracting program and ensure c
ompliance with agreements and work with 8(a), service-disabled, veteran-owned an
d women-owned firms and form mentor-protege agreements. Recommend improvements
to processes and procedures. Work cohesively with other functional areas - busin
ess development, finance, and program management from pre-RFP to proposal submis
sion; review statements of work and requirements for deliverables. Participate i
n proposal review team meetings to plan proposal strategies. Negotiated and Mana
ge a mix of contracts - BPA (valued at $400 Million) firm fixed price, time and
material and cost reimbursable contracts, GSA Schedules and IDIQ agreements. Neg
otiate teaming agreements, joint venture agreements. Negotiate confidentiality a
greements, consultant agreements and intellectual property agreements. Manage li
tigation through outside counsel. Advise Human Resources Department on diversity
compliance policies and compliance with labor/employment laws, including the Fa
ir Labor Standards Act, Service Contract Act, E-verify compliance and investigat
e and develop procedures for handling employment claims. Conduct training- workp
lace harassment, Ethic and Business Standards per FAR Part 3.10. Negotiate Colle
ctive Bargaining Agreements.
David R. Smith, Esq. 1999 to 2007
Attorney at Law, Falls Church, VA
Private practice representing selected clients: Evaluated corporate business pra
ctices. Provided executive and program management personnel with recommendations
for change/improvements. Ensured that corporate actions and contract performanc
e were compliant with contract and FAR and other government requirements. Intera
cted with government contracting officers on behalf of clients to negotiate term
s and conditions and to resolve contractual issues. Reviewed awarded contracts
to determine deliverables and timelines. Assisted in the preparation of proposal
s in response to RFPs. Appointed Chief Independent Hearing officer for the Distr
ict of Columbia Public Schools. Hearing officer and mediator for the DC Child an
d Family Services Agency. Hearing officer for DC Housing Authority and hearing o
fficer for the Virginia Department of Education. Presided in more than 1000 admi
nistrative law hearings wrote final binding administrative decisions. Mediator
for the EEOC under Title VII of the Civil Rights Act of 1964, as amended, the Ag
e Discrimination in Employment Act of 1967, as amended, the Equal Pay Act of 196
3 and the Americans with Disabilities Act of 1990. Prepared employment policy m
anuals, handled bid protests and disputes and contract claims and disputes, prep
ared and negotiated contracts and a variety of contractual/business arrangements
- fixed price, time and material and cost reimbursable contracts, GSA Schedules
and IDIQ agreements. Investigated claims of discrimination.
Partner 1998 - 1999
Garnes Smith & Gardner, Hyattsville, MD
Partner in charge of government contracts practice. Mediated workplace and contr
act disputes (commercial and federal). Represented businesses in acquisitions an
d mergers. On behalf of clients, negotiated teaming agreements, joint venture a
greements and subcontract agreements. Reviewed awarded contracts to determine c
ompliance requirements. Interacted with government contracting officers and cor
porate contract mangers to negotiate terms and conditions of contracts and resol
ve differences. Reviewed and analyzed contract documents to determine contractu
al obligations. Served as Hearing Officer for the District of Columbia Public Sc
hools handling labor relations matters including grievances involving teachers,
staff and service unions. Also served as a hearing officer in special education
and student disciplinary cases. Conducted employment and EEO audits and investi
gations. Prepared employment policy manuals and grievance procedures. Developed
contract administration policies. Litigated commercial debt collection cases.
General Counsel 1994 - 1998
Columbia Services Group, Inc., Fairfax, Virginia
Chief legal advisor to the President/CEO. Managed all contract activities for t
he corporation. Responsible for ensuring that all corporate policies and procedu
res were compliant with government requirements and enforced. Reviewed all cont
ract solicitations, served on red team and other review teams prior to proposal
submission.
Developed standard corporate agreements and approved nondisclosure agreements, t
eaming agreements, intellectual property agreements in accordance with corporate
policy. Responsible for the filing and maintenance of all corporate records. Se
rved as secretary of the corporation and handled matters requiring approval from
the Board of Directors. Managed legal, contracts and human resources personnel.
Prepared standard agreements. Organized dispute and grievance procedures. Train
ed corporate managers on sexual harassment policies and other workplace issues.
Supervised a direct staff of 3. Managed outside attorneys. Negotiated contract
s, licensing agreements, leases and confidentiality and non-disclosure agreement
s. Assisted IT professional obtain a copyright for a computer software program.

Partner 1993 - 1994

Alexander, Gebhardt, Aponte & Marks, Silver Spring, MD
Partner in charge of government contracting practice. Represented minority busi
ness enterprises in the SBA 8(a) Program, including matters before the SBA Offic
e of Hearings and Appeals. Represented clients before the EEOC (sex and race).
Represented clients in disputes before Boards of Contract Appeals.
Counsel 1990 - 1993
Reed, Smith, Shaw, & McClay, McLean, VA
Served in the government contracts practice group. Represented clients before va
rious Federal agency Boards of Contract Appeals. Drafted and negotiated all typ
es of contractual agreements. Prepared policies for handling employee grievances
and disciplinary matters and served as third-party neutral in ADR matters. Prep
ared policies for complying with employment laws. Litigated wrongful discharge,
race and sex discrimination and harassment matters.
Vice President and General Counsel 1985 - 1990
The Maxima Corporation, Lanham, MD
Chief legal adviser to the President & CEO. Secretary of the Board of Directors,
drafted resolutions and documents requiring Board action. Prepared agendas for
Board meetings. Managed the legal, human resources and contracts departments an
d internal audit functions. Developed and updated corporate contractual document
s - teaming agreements, nondisclosure agreements, subcontract agreements and con
tract administration forms. Reviewed business proposal prior to submission to en
sure compliance with RFP/RFQ requirements. Developed standard operating procedu
res and contract forms. Ensured that all corporate policies and procedures were
compliant with government requirements and enforced. Reviewed all contract soli
citations, served on red team and other review teams prior to proposal submissio
n. Developed standard corporate agreements and approved nondisclosure agreement
s, teaming agreements, intellectual property agreements in accordance with corpo
rate policy. Supervised a staff of 8. Assisted corporation to obtain trademarks
and copyrights.
Partner 1983 - 1985
Cole & Smith, Chicago, IL
Managing partner, supervised staff and managing firm's internal business activit
ies. Engaged in civil rights and employment litigation and contract disputes.
Represented federal employees before the Merit System Protection Board. Hearing
officers for the U.S. Department of Energy (DOE), and the University of Illinois
. Litigated fair housing matters for non-profit housing services agency.
Assistant Chief Counsel (GS 15 - 1980-1983) 1972 - 1983
U. S. Department of Energy, Argonne, IL and Oakland, CA
Supervisory attorney advising agency on procurement matters, including drafting
solicitations, negotiating terms and conditions, handling claims, bid protests a
nd disputes. Served as principal advisor on matters involving alternative energy
initiatives at the National Laboratories. Drafted research and development agre
ements, grants and cooperative agreements. Lead attorney on the construction of
the $2 Billion Great Plains Coal Gasification Project in North Dakota and other
alternative fuels projects at energy research facilities in Wyoming, North Dakot
a and Oklahoma - Oil Shale research and development, Solar Energy Research and D
evelopment, the Geothermal Energy Loan Guaranty Program and Fusion Energy resear
ch and development. Served on source evaluation boards. Served as counsel to DOE
evaluating claims of exposure to radiation.
EDUCATION
DePaul University College of Law, Chicago, IL (Focus on business and commercial
law) J. D.
Central State University, Wilberforce, OH (Political Science) B.A.
PROFESSIONAL PUBLICATIONS INCULDE:
* "The Small Employer's Guide to Understanding The Americans With Disabilities A
ct;"
* "Time To Un-bundle Procurement;"
* "Fighting Goliath - Benefits of ADR,"
* "Are You Duly Certified?"
* "Tips For Starting Your Own Business,"
* "Subcontract Arrangements On Set-Asides Can Be Challenged,"
* "Preventive Law,"
* "Getting Paid; Strategies For The Small Business Subcontractor,"
* "Small Business And Technology Development,"
* "Careers In Energy - Targets Of Opportunity;"
* "Exploring The Energy Frontier."