Malyszek & Malyszek practices in all areas of federal government contracts on behalf of prime and subcontractors nationwide and abroad doing business with the U.S. Federal Government. Malyszek & Malyszek's negotiations, equitable adjustment, resolutions, bid protests, appeals, and litigation on behalf of our clients has resulted in the gain of millions of dollars for our clients who otherwise would have lost untold amounts of monies owed to them, or who would have faced insurmountable reprocurement costs, or who would have faced the loss of their businesses. Our remedies and resolutions to contractual problems allow the continuation of contract performance and continued good relationships with the Government.
Malyszek & Malyszek’s Federal Government Contract Law Practice encompasses:
CONTRACT LITIGATION:
Litigation: Before the various Boards of Contract Appeals, GSA, GAO, . U.S. Court of Federal Claims, Mediation, Alternative Dispute Resolution.
Contract Disputes: Disputes between the Contractor and the Government, or the Prime and Subcontractor. Competition in Contracting Act litigation.
ADR: Mediation and Alternate Dispute Resolution
Bid Protest: Contract Award Bid Protest to the Agency, GAO, GSA, US Court of Federal Claims.
False Claims Act: Qui Tam - Whistleblower actions
Fraud Defense: Truth in Negotiations Act - Fraudulent Pricing - False Claims
Additionally: Wrongful Terminations - Suspension and Debarment - Government Caused Breach of Contract
CONTRACT ADMINISTRATION:
Equitable Adjustments: Claim Preparation - including changed scope of work, Constructive Change Orders, defective specifications, delays, acceleration, superior knowledge, impossibility.
Negotiations: Preparation, Submittal, Negotiations and Settlements
Cost Accounting Standards: DCAA and DCMA Audits
Defective Pricing: Offsets
Impact and Delay Costs: Equitable Adjustment pricing - Impact and Delay costs - Eichleay damages - Indirect to direct labor - unabsorbed overhead - profit - allowability - allocation of costs - collection of consulting fees
Government Contract Compliance Corporate Compliance FAR Regulations Acquisition Regulations
Contract and Claim Costing & Pricing Defective Pricing DCAA Audits Inspector General Inspections
Bid Protests Termination for Convenience Termination for Default Appeals to Boards and COFC Mediation - Alternate Dispute Resolution
Small Business Programs Construction Contracts Aerospace and Defense Energy – Global Sustainability Product and Service Contracts
Malyszek & Malyszek was founded by Walt Malyszek, Esq. with his daughter, Cynthia Malyszek, Esq., later joining as partner. Both being D.C. attorneys, they established their practice on the east coast and eventually grew to establish offices on the west coast. With offices both in D.C. and L.A., they join the ranks of law firms that have found the need to have a presence on both coasts. These firms now combine federal litigation practice with the growing need for contract administration and business development previously only covered by lay (ex-government officials, accountants, engineers) consultants. Federal Government Contract Law practice is now an international pursuit. The practice of federal government contracts is not state specific requiring a specific state bar, instead it is federal, which allows a member of any state bar to practice federal government contracts in the federal courts and administrative boards.
The Litigation Section is headed by Cynthia Malyszek, Esq. assisting clients once they become involved in a dispute, appeal or bid protest with the Government. Cynthia has been lead litigator in bid protests before the U.S. Government Accountability Office (GAO) and the U.S. Court of Federal Claims, in appeals before several agency Boards of Contract Appeals, including the newly founded Civil Board of Contract Appeals, as well as, the U.S. COFC. Cynthia prides herself on her excellent record of settlements early in the litigation phase.
The Contract Administration Section is headed by Robert Malyszek, Director of Federal Government Contracting. Robert is lead contract administrator and negotiator on behalf of contractors. Robert Malyszek has his J.D. degree and additionally is an LL.M. degree candidate in Federal Government Contracting from George Washington University. He has the honor of being one of few civilians to be accepted into the program largely filled with military personnel This program has allowed for him to gain a deep understanding of the procedures and concerns of the federal government contracting agencies. The Contract Administration Section is non-legal in nature because it becomes involved with contractors prior to any disputes. It concerns the administration of the contractors performance of their contract, proposals, and equitable adjustments.
The Bid DevelopmentSection headed by Gary Malyszek, Director of Business Development, is responsible for new business procurement for existing government contracting companies who want to increase their bottom line; and for first time government contract procurement for businesses that want to delve into government contracts. This Section develops the strategy necessary to gain government notice, to find proper contract sources for each company, and to respond to bids or to gain a GSA Schedule contract award. It encompasses business development, bid proposals, teamin arrangements, joint ventures, GSA Schedules, Marketing Products and Services to the government.
Malyszek & Malyszek has varied experience "on both sides of the fence" because its personnel has worked on behalf of the Federal Government, in the contracts departments of corporations and defense companies, and in consulting and representation for federal government contractors, as well as litigation on their behalf.
Government Contract Law Procurement Law Construction Law Terminations for Default Appeals Bid Protests
Legal Experience:
Current: Malyszek & Malyszek, Sr. Partner Prior: - Law Clerk, U.S. Federal District Court for the District of Connecticut for Magistrate Eagan - Legal Researcher for Law Professor Arthur Wolf on 3 Volume Treatise - Corporate Counsel for JMJ Contract Management
Professional Licences:
Admitted to Practice: District of Columbia and U.S. Court of Federal Claims
Practice Arenas:
- The Boards of Contract Appeals - U.S. Court of Federal Claims - Government Accountability Office (GAO) - Agencies – Disputes, Negotiations, Appeals - Mediation - Alternative Dispute Resolution ADR Forums
Education:
- Western New England School of Law, MA - J.D. - Syracuse University, New York - M.S. degree - State University of New York, - B.A. degree
Professional Memberships:
- District of Columbia Bar -Public Contract Law Section - U.S. Court of Federal Claims Bar Association - Board of Contract Appeals Bar Association - Federal Bar Association - National Contract Management Association - American Bar Association
Publications:
Research on Professor Emeritus Arthur Wolf, 3 Volume Treatise Series
Seminars and Speaking Events:
- Seminar Series on Remedies in Government Contracting - Public Speaking on Women in Government Contracting - In House Corporate Education
CONTRACT ADMINISTRATION SECTION:
Robert Malyszek, J.D., LL.M. candidate Director of Contract Administration
Federal Government Contracts Public Contracts Construction Contracts Requests for Equitable Adjustment Claims DCAA and DCMA Audits Terminations for Convenience Negotiations Settlements
Experience:
Contract Specialist for JMJ Contract Management, Government Contracts Consulting and Litigation Firm Chief Negotiator for JMJ Contract Management
Education:
George Washington University School of Law, LL.M. candidate in Government Contract Practice Chapman University School of Law, J.D. CSUN Northridge, B.A.
Teaching:
Visiting Professor, UCLA, taught Government Contracts Course
Seminars/Speaking:
In-House and Seminars on Government Contract Remedies; Don't Leave Money on the Table NCMA Luncheons on various Government Contract Issues
Procurement of Contract Vehicles client specific Preparation, Writing and Submittal of Proposals Coordination of Proposal Team Negotiation of Proposals Contract Management of Contracts Matching Teaming Arrangements Joint Ventures Overseas Companies doing business with the U.S. Government
- Attorneys who are specialists in Federal Government Procurement. - Financial and Costing Expertise. - Former Contracting Officers, ACO, PCO, and TCO's. - George Washington University, Government Procurement, Master of Laws. - Law Clerk for Federal Court of Claims. - Law Clerk for U.S. Federal Magistrate. - Negotiations for multi-million dollar contracts. - Deputy Commanding Officer of all United States Air Force Procurement in Canada. - Assistant Staff Judge Advocate General United States Air Force. - Nationwide speaking and seminar engagements on Federal Government Contracts. - Negotiation leaders in multi-million dollar settlements. - Agency negotiations with Department of Defense - Army, Navy, Air Force, NASA, Department of Veteran Affairs, Housing and Urban Development, General Services Administration and numerous divisions and branches of governmental agencies. - Practice before the various Boards of Contract Appeals, U.S. Court of Federal Claims, U.S. Court of Appeals for the District of Columbia, U.S. Court of Appeals for the Federal Circuit, Federal Distrist - Mediations, Alternate Dispute Resolution. - Specialists in the submittal and award of GSA Schedule Contracts - Specialists in the Review and Writing of Bid Proposals - Specialists in the Development and Procurement of New Government Contract Business - Government Contracting Marketing Specialists
Malyszek & Malyszek was founded by WALTER MALYSZEK, Esq. over 40 years ago. Walter Malyszek began his federal government procurement career in the military as an Assistant Staff Judge Advocate General in the U.S. Air Force. Walt Malyszek's military experience in the Air Force also included the roles and duties of Legal Claims Officer, and Coordinator of Congressional Affairs.
Due to his leadership abilities and legal skills, Walt was the first individual assigned to a position created for him as Deputy Commanding Officer of all United States Air Force Procurement in Canada. In this position, he was responsible for all procurement activity in Canada with ultimate decision making power over all levels of Air Force Command. As Chief, Contract Branch Headquarters, Air Materiel Command, Ottawa, Canada, Walt administered contracts in excess of $350,000,000 for NATO procurement. Walt also held positions of Chief Contracting Officer and Chief Terminating Officer.
When Walt Malyszek completed his military career, he worked on the other side of the fence in the corporate procurement industry. He became Contracts Manager of General Dynamics Corporation, and Contracts Manager of General Tel & Electric (Sylvania Electric Products). Walt was Procurement Manager for the Apollo Program as a first tier subcontractor and Director of Negotiations. Walt's financial skills were honed as a Wall Street Financial Analyst for International Tel & Tel Corporation.
Walt Malyszek began his own consulting and legal practice by conducting training seminars for prime and subcontractors, and for Government agencies. Walt created and was instructor for special courses on Government contracting at Headquarters NASA for all NASA Contract Administration Managers throughout the country. Walt also devised courses for the Contract Management Association of the United States at the Yale Club New York and at locations throughout the country. Walt gave speeches at NCMA events, and was asked by various professional associations to participate in numerous speaking engagements at luncheons, dinners and other contracting events. Walt led hundreds of seminars throughout the United States on all topics of federal procurement including legal issues and contractual remedies for contractors.
Walt Malyszek, was one of the first persons in the country to give nationwide seminars to Fortune 100 companies and government agencies. He educated companies and their contracts departments on methods of maintaining profitable contracts and resolving contractual problems. He educated government agencies on how to properly administer government contracts and work with contractors to maintain efficient contractual performance and good relationships with contractors.
Walt Malyszek authored "NASA Contract Administration / DCAS Textbook". Walt furthered authored: "Techniques of Negotiations", "Cost and Price Analysis", "The Art of Subcontract Management", and numerous Equitable Adjustments and Claims submissions.
Walt Malyszek worked with the Canadian Commercial Corporation in promoting and remedying contracts between the federal government and Canadian companies doing business with the U.S. Government. Walt became integral in negotiating contractual problems and issues on behalf of Canadian contractors.
Walt's representation for contractors includes negotiations before large contingencies of personnel from all the various government agencies, and litigation before the Boards of Contract Appeals and the U.S. Court of Federal Claims and the D.C. Court of Appeals.
Walt's role as lead negotiator on behalf of Defense Contractors, Fortune 500 companies, and leading edge state-of-the-art companies, as well as for small SBA and mid-sized businesses resulted in millions of dollars of monetary reimbursements for contractors. His role as head litigator in numerous cases led to the award of multi-millions of dollars to his government contracting clients and saved many businesses from severe financial and company closures.
Walt's goal in forming Malyszek & Malyszek, was to "strive to negotiate and remedy problems at the contractual level and litigate only as a last resort" which has resulted in saving contractors significant dollars while continuing contract performance, maintaining good government relationships, and having time to procure new government contracts.
And, Walt's proclamation to contractors of "don't leave money on the table" has resulted in hundreds of millions of dollars gained on behalf of contractors that otherwise would have been lost to them.
We believe there is no federal contract problem that cannot be resolved.
Malyszek & Malyszek has offices in Washington, D.C. and in Los Angeles, California and Services clients Nationwide and Abroad in all Federal Government Contract Matters and Proceedings
