Skip to Content

David S. Gallacher

Of Counsel

David's professional experience involves a wide variety of litigation, administrative and counseling issues related to federal procurement laws. His experience includes complex litigation in federal court under the qui tam provisions of the False Claims Act, claims disputes before the Boards of Contract Appeals and bid protest actions.

David regularly counsels both domestic and foreign companies on issues relating to compliance with government regulations including, among other things, subcontract administration, country of origin requirements under the Buy American and Trade Agreements Acts, export controls, commercial item exceptions, merger and acquisition due diligence, cost accounting, suspension and debarment and small business requirements. He also regularly conducts compliance reviews and internal investigations to assist companies ensure that they are in full compliance with the law.

Articles

  • "Buying or selling a small business government contractor? Draft the letter of intent carefully to avoid immediate affiliation," Westlaw Today,  03.21.2023
  • "Proposed Changes to the Buy American Act Regulations Implementing Trump Executive Orders," Westlaw, 10.12.2020
  • "What does it mean to manufacture? Federal circuit's Acetris decision fundamentally alters trade agreements act compliance," Westlaw, 05.04.2020
  • "Vet-Owned Biz Is Always VA Contract Priority, Fed. Circ. Says," Law360, 10.17.2018
  • "Cross Your Heart and Hope to Die - New DFARS Clauses Target Counterfeit Electronic Parts" Westlaw Journal, 10.24.2016

Government Contracts and Investigations Blog Posts

  • "Continuing Skepticism on China: Final Rule Requires Disclosure of Defense Contractor Personnel in China," April 4, 2023
  • "Buying or Selling a Small Business Government Contractor? Draft the Letter of Intent Carefully to Avoid Immediate Affiliation," February 28, 2023
  • "To Each Their Own: Agency Must Consider Experience of Each Partner in a Small Business Set-Aside Joint Venture," February 28, 2023
  • "Another Piece to the Puzzle: OMB Issues Proposed Guidance on "Build America, Buy America" Requirements," February 21, 2023
  • "News For Veteran-Owned Small Businesses - SDVOSB and VOSB Certification Moves to the SBA in 2023," January 30, 2023
  • "SBA Annual Scorecard Shows Federal Government Continues to Prioritize Small Business Contracting," October 26, 2022
  • "In the Interest of National Security - Two New DFARS Rules Reinforce Increased Scrutiny For Chinese-Origin Supply Chains," August 30, 2022
  • ""Build America, Buy America" - New Guidelines Issued for U.S. Infrastructure Projects," April 20, 2022
  • "Few Surprises - New Rule Implementing Biden's "Made in America" Changes the Buy American Act Effective October 2022," March 9, 2022
  • "Buy America Provisions in the Infrastructure Bill: What this Means for Foreign Companies;' February 28, 2022
  • "Small Business Federal Government Contracting Dollars Continue to Increase," August 30, 2021
  • "Fasten Your Seatbelts - Proposed Rule Implementing Biden's "Buy American" Mandates," August 16, 2021
  • "At a Glance: White House l 00-Day Supply Chain Report," June 29, 2021
  • "Duck Hunt - The VA Cannot Escape The Medline Protest, And Takes A Few Shots In The Process," June 29, 2021
  • ""What's In A Name?": Federal Circuit Holds Claims Court Blurred Distinction Between 'Size Protests' And 'Bid Protests' In Dismissal For Failure To Exhaust Administrative Remedies," June 29, 2021
  • "Ducks (Not) in a Row - VA Agrees to Take Corrective Action in Transitioning MSPV 2.0 Requirements to DLA," June 3, 2021
  • "Buy American' Update: Essential Medicines May Continue to Come From Abroad (For Now)," April 28, 2021
  • "Finding the Weak Links - President Biden Executive Order Demands Review of Critical U.S. Supply Chains," March 31, 2021
  • "Made in America - President Biden's Executive Order on Buying (Even More?) American," January 27, 2021
  • "'Buy (More) American' - Final Rule Implements Changes to the Buy American Act Regulations," January 20, 2021
  • "'Buy American' Update: FDA Issues List Of Essential Medicines Required By Executive Order," November 3, 2020
  • "Women-Owned Small Business Self-Certification Ends October 15, 2020 When SBA Begins Requiring Formal Government-Issued Or Third-Party Certifications for Awards," September 29, 2020
  • "Government Small Business Contracting Continues to Increase: Creating Opportunities and Potential Pitfalls," August l 8, 2020

Speaking Engagements

  • "Drafting and Negotiating Teaming Agreements," Public Contracting Institute, 2011-Present
  • "Teaming Agreements and Advanced Subcontracting," Federal Publications, 2008-Present
  • "Fun with the FAR," Public Contracting Institute - Webinar, June 4, 2014
  • "Walking the Tightrope - Q&A on Emerging Compliance Issues," Ingram Micro 2013 Federal Summit, May 15, 2013
  • "What U.S. Offset Personnel Need to Know About the Buy American Act," Defense Industry Offset Association, Spring 2013 Conference, May 2, 2013
  • "Terminations for Convenience - You Can't Always Get What You Want," Association of Procurement Technical Assistance Centers, 2013 Training Conference, April 23, 2013
  • "Buy American and Country of Origin Requirements," Sheppard Mullin Lunch With Your Government Contracts Lawyer, February 26, 2013

Events

  • Unique Issues in Government Contracts M&A, 05.24.2023
  • MilSat Symposium: Organizational Principles Of DoD Interests, 10.13.2022
  • DFUN with the DFARS Part 225 – Contracting with Non-US Sources, 04.02.2019
  • Supply Chain Week: CPSR, Commercial Item Determinations & Price Analysis, Subcontract Management, and Managing Government Property (FL)
    Public Contracting Institute, 03.08.2019
  • Government Contracting 101: The Risks of Having Uncle Sam as a Customer, Third Thursday Emerging Company Webinar Series, Via WebEx, 10.17.2013