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David S. Gallacher

Partner

David is a government contracts lawyer with over 25 years of experience, specializing in all types of public procurement – whether federal, state, or local, and including both procurement contracts and agreements under federal grant programs. He specializes in helping all types of companies – domestic and foreign, large and small – in the government supply chain navigate the complex regulatory web that government suppliers regularly face. He provides practical and business-oriented advice for companies operating in a highly regulated environment, helping them assess the relative risks and rewards associated with the often ambiguous regulations. His expertise also extends to a variety of other regulatory regimes that commonly impact a company’s supply chain including navigating the U.S. export control laws and sanctions regulations, complying with various “Buy American” and other country of origin requirements, avoiding prohibited sources in federal supply chains, ensuring compliance with federal small business size regulations (especially in the M&A context), and managing subcontractor relationships (including negotiating terms and conditions and managing federal flowdown requirements). He also regularly assists clients with internal compliance reviews and internal investigations, helping assure companies that they are in full compliance with the law.

David also has extensive litigation experience relating to government contracts, including 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 at the U.S. Court of Federal Claims and Government Accountability Office. David approaches every dispute from the perspective of “what’s best for the business,” with an eye toward dispute resolution instead of prolonged litigation.

David is also an active thought leader in the world of government contracts, regularly speaking and writing on emerging issues and hosting webinars to help provide a practical understanding of very complex regulations. He regularly provides in-house training for companies, helping to ensure that the entire workforce is better educated on their compliance obligations. He is also the Editor-in-Chief for the American Bar Association Public Contract Law Section’s quarterly newsletter, The Procurement Lawyer.

 

Articles

  • “Recap of the PCL 2025 Public Comments,” ABA/The Procurement Lawyer, 02.06.2026
  • “Recap of the Section of Public Contract Law’s Spring Committee Showcase Event,” ABA/The Procurement Lawyer, 07.25.2025
  • “Summary of Public Contract Law Spring Committee Showcase Event,” ABA/The Procurement Lawyer, 07.31.2024
  • “Public Contract Law Section Comments on Proposed Rule Changes,” ABA/The Procurement Lawyer, 03.04.2024
  • "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 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 18, 2020

Speaking Engagements

  • “Country of Origin and Buy America Requirements” (9-part series), Public Contracting Institute, 2022-Present
  • “Subcontract Management from A-Z” (9-part series), Public Contracting Institute, 2022-Present
  • “GovCon 101”: Export Controls and Supply Chain Restrictions, Public Contracting Institute, 2023-present
  • Supply Chain Symposium, Public Contracting Institute, 2023-present
  • “Identifying Risks in your Foreign Supply Chain,” Public Contracting Institute, 2022-2023
  • “Subcontract Management,” Public Contracting Institute/George Mason University, 2019-present
  • “May the Clause be With You”: Deciphering FAR Clauses, Public Contracting Institute, 2018-present
  • "Fun with the FAR," Public Contracting Institute, 2014-present
  • "Drafting and Negotiating Teaming Agreements," Public Contracting Institute, 2011-Present
  • "Teaming Agreements and Advanced Subcontracting," Federal Publications Seminars, 2008-2020

Events

  • The New Trade Terrain: Legal Risk and Resilience for Government Contractors, ABA Public Contract Law Section Fall Forum, 11.14.2025
  • 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