Rolando R. Sanchez

Advised worldwide conglomerate on data protection privacy clauses necessary for various contracts in India, Europe, Mexico and China and consistent with the company’s Binding Corporate Rules – coordinated with local counsel to interpret local rules, including GDPR and PIPL. Conducted Privacy Impact Assessments and drafted Privacy Notices for international company, including updated reviews in consideration of Artificial Intelligence usage and regulations. Reviewed ROPA compliance for company pursuant to a GDPR-related audit. Advised international company on data privacy compliance measures in asset purchases in Europe and Latin America. Advised local entity in India on BYOD policy and coordinated with local counsel. Advised company on data protection and preservation policies concerning BGV and investigations. Advised a service company seeking to comply with the self-assessment requirement under DFARS 252.204-7012, 7019 & 7020. Also provided advice on the Cybersecurity Maturity Model Certification (CMMC) 2.0 program. Advised client on multi-million dollar cybersecurity service contract, including an equitable adjustment for a change in service and change in employee technical qualifications requirements. Advised client on a search and seizure pursuant to the Electronics Communication Privacy Act.

Represented a fertilizer company in connection with an appeal to the USDA after the company’s application for a Fertilizer Production Expansion Program grant was denied, obtaining a critical admission from the USDA, even though appeals are notoriously difficult to win because the only way to succeed is to get a finding that the government committed an error. The administrative law judge issued a decision preserving the USDA’s prior decisions but finding significant error warranting a second review of the client’s application, and the agency performed the second review and granted the application worth approximately $5 million. Represented contractor with obtaining small business certification. Recently represented a New York State contractor in a bid protest, which included an agency’s improper evaluation of solicitation criteria, and an appeal of the agency’s decision to the Office of the State Comptroller. Successfully represented a construction management company, and achieved corrective action, in a multi-million dollar bid protest at GAO against the Department of Defense based on faulty past performance and technical ability evaluations. Successfully represented a Fortune 500 company in a pre-award bid protest at the Court of Federal Claims against the Consumer Financial Protection Bureau (CFPB), after the CFPB refused to consider the company’s bid on a construction contract because of untimely claims. The company was allowed to bid on the construction contract. Successfully represented a service company, at both the agency and GAO levels, in protesting and overturning an award where the agency failed to follow the evaluation criteria and the contracting officer refused to suspend performance. Successfully represented a company protesting of an award, and achieved corrective action, where agency did not follow the solicitation’s evaluation criteria and where the solicitation contained a latent ambiguity. Successfully represented a service company in protesting an award, and achieved corrective action, where the agency failed to follow proper evaluation criteria in a simplified acquisition. The contract was re-bid and the client won the contract. Successfully represented an awardee of a DoD service contract, as an intervenor, in a protest filed by a losing bidder, and the awardee preserved its award. Advised a company bidding on a multi-million dollar government construction contract, including advice on formation of joint venture, interpretation of the government solicitation, and drafting of questions to the contracting officer. Drafted a teaming Agreement for a company seeking to bid on a multi-million dollar Health and Human Services solicitation. Successfully represented a construction company seeking to remove a government employee who was hindering a multi-million dollar construction contract, which was tantamount to a breach of the government’s duty of good faith and fair dealing. Represented a federal subcontractor with recovering unpaid invoices from a larger prime, and successfully involved an agency Contracting Officer with recovering the full amount owed. Advised client on drafting a “tender board” corporate resolution to assess risk of OFAC sanctions and GDPR in a high-risk geographic area prior to biding on contracts. Represented a contractor in a Termination for Convenience involving a multi-million dollar bio-tech services contract, and achieved a rare reinstatement of the contract after negotiating with federal agency attorneys before litigation was initiated. Represented a contractor in negotiating a settlement after a termination for convenience, which included lost profits and legal fees. Represented a contractor with submitting a successful REA, due to completed work; negotiated final outcome with contracting officer. Represented a contractor with successfully submitting a claim which had previously been denied as an REA. Guided implementation of a Special Security Agreement (SSA) for a foreign owned and controlled company in order to enable it to successfully bid on classified government contracts. Drafted ancillary documents, such as Government Security Committee certificate, Electronic Communications Plan and subsidiary company resolutions required for compliance with the SSA. Briefed the board of directors and the assigned Facility Security Officer on responsibilities under the SSA and under the NISPOM. Upon client’s decision to terminate its Special Security Agreement with the U.S. government, gave advice to the general counsel on the steps to take in terminating the agreement and interacted with appropriate agency officials to accomplish the termination. Provided advice on document retention practices and other wind-up procedures. Assisted a U.S. corporation in successfully obtaining a Canadian facility security clearance, including the drafting of necessary corporate resolutions and certifications. Represented a contractor before an intelligence requiring activity, at an agency level dispute, concerning a task that was not awarded due to OCI.

Conducted internal investigation into possible procurement malfeasance matter, including review of documents and employee interviews. Advised the general counsel and CEO on the findings and possible liability. Represented a construction company with providing a False Claims Act disclosure to an Inspector General as required under the Federal Acquisition Rule (FAR). Representation included drafting a notice of withholding of payment under the FAR to a subcontractor and drafting a False Claims Act disclosure to the IG. Represented a Fortune 500 company in a government investigation conducted by Air Force OSI, the FBI and the Eastern District of Virginia U.S. Attorney’s office. The representation included responding to subpoena requests and negotiating with law enforcement and federal prosecutors. Represented individual facing a federal Grand Jury indictment for an environmental crime violation. After an extensive internal investigation, negotiated with federal prosecutor concerning the lack of evidence in the case in order to obtain a dismissal of the investigation. Rendered advice to client negotiating a commercial contract in Eastern Europe concerning prohibitions against dealing with individuals and entities subject to U.S. sanctions administered by the US Treasury/Office of Foreign Assets Control (OFAC), including possible suspension and debarment from government contracts.Conducted internal investigation into possible procurement malfeasance matter, including review of documents and employee interviews. Advised the general counsel and CEO on the findings and possible liability. Represented a construction company with providing a False Claims Act disclosure to an Inspector General as required under the Federal Acquisition Rule (FAR). Representation included drafting a notice of withholding of payment under the FAR to a subcontractor and drafting a False Claims Act disclosure to the IG. Represented a Fortune 500 company in a government investigation conducted by Air Force OSI, the FBI and the Eastern District of Virginia U.S. Attorney’s office. The representation included responding to subpoena requests and negotiating with law enforcement and federal prosecutors. Represented individual facing a federal Grand Jury indictment for an environmental crime violation. After an extensive internal investigation, negotiated with federal prosecutor concerning the lack of evidence in the case in order to obtain a dismissal of the investigation. Rendered advice to client negotiating a commercial contract in Eastern Europe concerning prohibitions against dealing with individuals and entities subject to U.S. sanctions administered by the US Treasury/Office of Foreign Assets Control (OFAC), including possible suspension and debarment from government contracts.

Counsel on a trial litigation team that successfully defended a U.S. government contractor against one of the largest environmental-related mass tort actions originating from South America, which alleged hundreds of millions of dollars in environmental and personal damages from toxic contamination. The litigation required the deposition of dozens of witnesses in Spanish. Represented a Fortune 500 company in multi-district litigation. Managed over fifteen local counsel in implementing a national litigation strategy. Conducted over thirty depositions, including depositions of experts, and drafted winning summary judgment motions and other dispositive motions.