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
EXCLUSIVE PRACTICE IN ALL AREAS AND MATTERS IN FEDERAL CONTRACTS
Malyszek & Malyszek is a unique law firm practicing exclusively in Federal Government Contracts on behalf of the prime and subcontractor.
The law firm of Malyszek & Malyszek has been exclusively involved in Federal Government Procurement Contracts for over 40 years. Malyszek & Malyszek occupy a specialized niche in Federal Government contracting and handle such issues as: contractor certification, bid proposals and bid protests, contract administration, practical contractual strategies, settlement negotiations, audits, and dollar reimbursement. We act as consultants to contractors concerning contract administration tasks and relationships with the government buying agencies; we prepare and negotiate REA's and claims, costing and negotiation of terminations for convenience, turning of default terminations into convenience settlements, all areas of costing and litigation of contract dispute matters
Malyszek & Malyszek has helped Government Contractors from the United States, Canada and abroad successfully resolve Government contract issues and disputes without the need for litigation. However, if litigation is necessary, we have experienced litigation attorneys on staff. We are a unique firm because we concentrate exclusively on the contractor's rights under the contract, and we assist in the recovery of increased costs due to Government actions.
Malyszek & Malyszek works with national, Canadian, and international companies doing business with the U.S. Government. In addition, we give public and in-house seminars, and train contract administration departments.
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
