Kelly E. Buroker

Kelly Buroker is a litigator and government contracts lawyer who helps companies navigate the complex federal marketplace.

She represents clients in procurement matters involving the Department of Defense, civilian agencies, and state and local governments, including bid protests, contract claims, suspensions and debarments, terminations, and allegations of fraud or noncompliance.

Kelly works with companies and individuals across aerospace, defense, cybersecurity, engineering, technology, logistics, telecommunications, health care, life sciences and other highly regulated sectors. She advocates for clients in protests and contract disputes brought before individual federal agencies, the Government Accountability Office, the Court of Federal Claims, the Federal Aviation Administration’s Office of Dispute Resolution for Acquisition and state and local governments, ensuring they have a fair opportunity to compete and perform government work.

Beyond protests and claims, Kelly conducts internal investigations to help companies assess risk, identify compliance issues and determine whether disclosure obligations have been triggered. She also defends against fraud and compliance allegations, including those raised under the False Claims Act whether brought by the government or by qui tam relators. Kelly also advises her clients on solicitations, compliance, teaming arrangements, prime and subcontractor disputes, and performance issues that arise, and she is well versed in procurement regulations

Before practicing law, Kelly worked at the CIA, gaining insight into how federal agencies operate and make decisions. She brings both regulatory fluency and business awareness to her work. Clients appreciate her ability to collaborate with the government while devising creative strategies to protect their position. She will litigate forcefully when necessary, but understands that long-term success in this sector often depends on constructive and collaborative government relationships.

Experience

• Assisted a mid-size organization in addressing allegations of misconduct by a former employee. Led the team conducting an internal investigation to determine the legitimacy of the former employee’s allegations, interviewing a number of witnesses and reviewing numerous documents. Communicated regularly with the CEO and Audit Committee Chair and provided guidance regarding compliance and due diligence issues. Helped the client communicate with its auditor and officials at the agency (including the Office of Inspector General) regarding the investigation and findings and coordinated with employment counsel regarding ancillary issues. Ultimately, the government opted not to pursue litigation against the client.
• Represented a large defense services contractor in protesting the award of a contract for management consulting services for enterprise and IT modernization with an awarded value of approximately $340 million. After we raised numerous grounds of protest, the agency decided, prior to filing its agency report, to take corrective action by canceling the awarded contract, re-evaluating proposals and making a new award decision.
• Represented a government contractor who was eliminated from the competition for a contract to provide security services at numerous federal facilities, valued at approximately $95 million. We raised numerous legal arguments, with the agency ultimately reinstating the contractor into the competition. Following the agency’s evaluation of proposals, the agency awarded the contract to our client, and they are currently performing.
• Successfully settled allegations of fraud (under the FCA) against a client at a fraction of the $35 million the government asserted it was due. The client settled the case without any admission of liability and avoided any additional penalties or administrative actions, such as suspension from federal contracting.