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Devon Hewitt, a partner at Protorae Law, has over 25 years’ experience in the field of Government Contracts and represents emerging, small, mid-size and large government contractors located across the United States and abroad.  Ms. Hewitt leads the firm’s Government Contracts practice, and is best known as a bid protest attorney, having participated in well over 100 bid protests lodged at various federal agencies, including the Small Business Administration and the Government Accountability Office.  She also has participated in bid protests filed at the United States Court of Federal Claims and is one of the few bid protest attorneys that has argued bid protest decisions on appeal at the United States Court of Appeals for the Federal Circuit.

In addition to bid protests, Ms. Hewitt represents government contractors in a wide variety of transactional matters such as the drafting and negotiation of subcontracts and teaming, cooperative, nondisclosure, non-compete, operating, joint venture, commercial vendor and “OTA” agreements.  She also advises government contractors on issues related to the Service Contract Act, intellectual property and data rights, suspension and debarment, contract claims, ethics and compliance, Organizational Conflicts of Interest, FOIA requests and reverse FOIA letters, notices of default and terminations, and government investigations, among others. She has significant experience with the Small Business Administration’s small business preferential programs and has twice served as a trial expert on this topic.

Ms. Hewitt recently was appointed General Counsel of the Small Emerging Contractor Advisory Forum (SECAF) and has been a member of its Board for over five years.  She is active in the National Veterans Small Business Council and represents many SDVOSBs and VOSBs.

Ms. Hewitt is a frequent speaker/panelist on government contracts issues and has appeared on Federal News Radio and at events sponsored by the Public Contracts Section of the ABA, the Professional Services Council, the National Contract Management Association, SECAF, NVSBC, ACT-IAC, NDIA, Women In Public Policy and the Government Technology Services Coalition. She has been a columnist for Washington Technology and Bloomberg’s Federal Contracts Reports as well as the author of a treatise on federal small business contracting programs, editor of the ABA’s The Procurement Lawyer and contributor to the legal publication Inside the Minds.

Ms. Hewitt received her Juris Doctorate from the University of Virginia School of Law, where she was an editor of the Journal of Law and Politics and a member of the school’s National Moot Court team. Following law school, she clerked for the Honorable Jose A. Fusté of the U.S. District Court for Puerto Rico.  Ms. Hewitt graduated magna cum laude and Phi Beta Kappa from Smith College.

Recent Bid Protests

  • Successfully filed a Motion for Temporary Restraining Order and Preliminary Injunction to enjoin the Department of State’s override of CICA stay imposed in a GAO protest challenging the award of a $40 million task order by the Foreign Service Institute
  • Prevailed in a series of GAO bid protests challenging the Department of State’s award of a $240 million contract for foreign language instruction, testing services, and curriculum development
  • Successfully defended awardee in a GAO bid protest challenging the Defense Threat Reduction Agency’s award of a $54 million task order award for engineering support and vulnerability assessments
  • Won appeal of the SBA’s determination that an awardee of a HUD asset management contract was “other than small” based on the “ostensible subcontractor” affiliation principle

Other Recent Representative Matters

  • Represented a Singapore company in a AAA arbitration dispute with a large federal contractor over non-payment for the construction of Army garrisons in Afghanistan
  • Represented owner and CEO of a government contractor suspended and proposed for debarment for allegedly engaging in bribery with the city of Detroit; Justice Department agreed to enter into an Administrative Agreement instead of pursuing debarment
  • Represented a large government contractor “Mentor” in drafting and negotiating a second Mentor/Protégé Agreement and associated Joint Venture Agreement with its second proposed “Protégé”
  • Represented government contractor in negotiations of a Project Agreement under an Other Transaction Agreement managed by the National Spectrum Consortium for the study of Radio Frequency Spectrum usage by DoD
  • Represented SDVOSB is the sale of a division of the company with contracts and task orders under GSA Schedule contracts requiring novation
  • Represented manufacturer of technology used to detect explosives and chemical warfare agents in negotiating a Cooperative Agreement with the Department of Homeland Security
  • Represented small business contractor against a cease and desist action alleging the small business violated noncompete and nonsolicitation provisions of a subcontract with large contractor
  • Represented SDVOSB in negotiation of a GSA Contractor Teaming Agreement with large public relations firm
  • Represented small government contractor in creating its Code of Ethics and Business Conduct and developing an Organizational Conflict of Interest mitigation plan
  • Represented government contractor in challenging the release of proprietary and confidential proposal information under the Freedom of Information Act

Honors and Awards

  • 2021 SECAF Advocate of the Year, SECAF Government Contractor Awards
  • 2021 Top Attorney – Government Contracts, Arlington Magazine
  • 2021 & 2020 Super Lawyers Government Contracts, Virginia and Washington, D.C.
  • 2019 Top Attorney – Government Contracts, Arlington Magazine
  • 2021 – 2015 Virginia Legal Elite – Legislative / Regulatory / Administrative, Virginia Business
  • 2016 AV Preeminent Peer Rated, Martindale-Hubbell®
  • 2014 Washington SmartCEO Power Players Finalist