Michael E. Barnicle

Partner

Chicago Tel +1 312.583.2375

Michael E. Barnicle provides a full range of litigation, compliance and corporate transactional services on virtually every facet of government contracting and international trade including industrial security and cybersecurity matters.

Michael represents federal government contractors relative to aerospace, national defense, homeland security, cybersecurity, information security, legislative affairs, foreign military sales and international trade matters. He assists clients throughout the U.S., Europe, Africa, Asia, and the Middle East. Michael is recurrently called upon to advise upon matters arising in conflict and disaster areas.

After law school and prior to entering private practice, Michael served as a government contracts attorney in the U.S. Army Judge Advocate General's (JAG) Corps that included a combat tour in Iraq as a strategic legal advisor to senior military and other government officials. Due to his government-military experience, Michael possesses unique insight into the complex government contracting and acquisition processes that allows him to anticipate issues, assess litigation risk and develop practical solutions.

Michael's experience includes assisting clients with all aspects of the Federal Acquisition Regulation (FAR), contract-related statutes and federal agency policies involving services and supplies vital to national defense and infrastructure. Michael handles complex, high-stakes bid protests and contract appeals cases. Michael also represents government contractors before federal agencies and various federal district courts throughout the country. Michael also oversees and implements various government contract compliance audits, systems and investigations.

Federal government agencies routinely ask Michael to speak at internal government conferences regarding industry perspectives relative to various aspects of federal government contracting. Michael is also very active in, and provides pro bono services to, the military veterans community. In 2007, he co-founded the John Marshall Law School Veterans Legal Support Center & Clinic in Chicago.

Prior to earning his J.D. in 2008 from the John Marshall Law School, Michael graduated with a B.A. in political science, with distinction, in 2004 from the University of Kansas. Michael also studied numerous government contracting and national security matters at the U.S. Army Judge Advocate General's School in Charlottesville, Virginia.

Areas of Practice

Government Contracts Counseling and Compliance: Contract formation, contract administration, subcontracting, government audits and investigations, cybersecurity/information security, industrial security/classified contracting, cost accounting, procurement fraud (suspension and debarment), Foreign Corrupt Practices Act (FCPA), Freedom of Information Act (FOIA) intellectual property and data protection rights, capital markets transactions, mergers and acquisitions, assignment and novation, regulatory issues, foreign military sales and more.
Government Contracts Claims and Litigation: Contract claims and appeals, suspension and debarment, obtaining contract payment, non-appropriated fund activities, requests for equitable adjustment (REA), contract modifications and extensions, regulatory compliance, research and development agreements, indefinite delivery – indefinite quantity (IDIQ) award and order issues, engineering and procurement agreements, basic ordering agreement issues (BOA), false claims, security cooperation, changes in work or scope, grants, cooperative agreements and subcontractor claims
Cybersecurity and Information Security Counseling and Compliance: Cybersecurity Maturity Model Certification (CMMC), Federal Information Security Modernization Act (FISMA), the National Institute of Standards and Technology (NIST), Federal Information Processing Standards (FIPS) and Special Publications.
Bid Protests: Requests for proposals, requests for quotations, past performance evaluations, solicitation ambiguities, cost/price evaluations, meaningful discussions, technical evaluations, sole source determinations, Competition in Contracting Act (CICA) performance stays and overrides, organizational conflicts of interest and unduly restrictive statements of work.
International Trade: Export controls (EAR and ITAR), trade and economic sanctions (OFAC), anti-boycott controls, licensing, enforcement actions and governmental audits, internal investigations and compliance audits, disclosures, classification, encryption, compliance due diligence in mergers and acquisitions and other cross-border transactions, and on the design, implementation, and administration of compliance programs.
Procurement and Appropriations Law: Antideficiency Act, government appropriations, national defense authorization acts, public private partnerships, Economy Act transactions, property disposition and transfer, federal funding types and sources, funding limits, continuing resolutions and the use of appropriated/non-appropriated funds

Focus Areas

Experience

Client in winning a bid protest challenging the government's past performance, technical and cost-realism evaluations concerning executive administrative services.
Client in winning a bid protest challenging the government's technical evaluation concerning explosive bomb containment vessels.
Client in winning a bid protest challenging the government's technical evaluation of proposed staffing plans relative to medical support services.
Client in winning a bid protest challenging the government's past performance, technical and cost-realism evaluations regarding combat simulators.
Client in winning a bid protest challenging the government's evaluation of an environmental remediation services proposal’s technical capability.

Client in winning a bid protest challenging the government's past performance and cost-realism evaluations relative to security services contract.
Client in winning a bid protest challenging the government's staffing evaluation, past performance evaluation and compliance with contract related statutes concerning administrative support contract.
Client in winning a bid protest challenging the government's past performance, technical and price evaluations concerning large machinery equipment purchase.

Multiple clients in winning a dismissal motion in the federal court challenging the sufficiency of a breach of contract complaint resulting in two of three counts being dismissed and requiring the plaintiff to re-file its third count that will save considerable client time and money.
Client in winning more than 10 Armed Services Board of Contract Appeals and Court of Federal Claims contract appeal cases through dispositive motions that resolved all issues while saving the client the time and expense of full litigation.
Multiple clients in negotiating numerous prime contract settlement agreements involving government contracts valued in excess of US$250 million with terms that the clients found very favorable and that avoided further litigation costs.

Subcontractor in breach of contract dispute with prime contract in federal district court.
Prime contractor in defense of construction design change claims.
Prime contractors regarding implied government contract claim in federal court.
Numerous prime contractors in ongoing contract negotiations with various federal agencies throughout the U.S. to resolve disputes and avoid litigation.
Numerous projects involving government mandated force protection drawing and specifications.

Foreign military sales contract for the construction of schools in Saudi Arabia.
Multiple clients in projects involving construction and design of nuclear reactors and Air Force plane hangars with blast specifications, and the construction of military barracks in North Carolina, a U.S. embassy and large military training centers in Ohio and Georgia.

Multiple clients on self-disclosure requirement and conducts assessment relative to FAR 52.203-13 (the Contractor Code of Business Ethics and Conduct) to prevent suspension and debarment actions.
Major international biotechnical firm in successfully overturning U.S. Army proposed debarment that restored the client to full contract eligibility.
Major national defense aerospace contractor in successfully overturning U.S. Navy proposed debarment of personnel relating to client’s mandatory disclosure.

Multiple clients in implementing cybersecurity and information security safeguarding processes to protect Controlled Unclassified Information (CUI), Covered Defense Information (CDI) and Sensitive Security Information (SSI).
Multiple clients in developing DFAR 252.204-7012 solutions, System Security Plans (SSP), Plans of Action and Milestone (POAM), and other information assurance requirements.
Multiple clients in administering government contracts and programs in accordance with Defense Security Service (DSS) guidelines and the National Industrial Security Program Operating Manual (NISPOM) requirements including the creation of tailored Security Practice Procedures (SPPs).
Multiple clients in Foreign Ownership, Control or Influence (FOCI) mitigation strategy that includes the formation and administration of Special Security Agreements (SSAs) and Affiliated Operations Plans (AOP). Such matters include working in close coordination with, and providing legal counsel to Facility Security Officers (FSO).
Multiple clients in developing compliance programs aimed at meeting the requirements set forth in Presidential Policy Directive 21 (PPD-21): Critical Infrastructure Security and Resilience and the Department of Homeland Security applicable requirements across critical infrastructure sectors with a focus on the Defense Industrial Base (DIB), Transportation, and Energy Sectors.

Multiple clients in internal investigations, advising upon and providing gap assessments relative to DFARS 252.204-7012, NIST SP 800-171, NIST SP 800-53, NIST SP 800-60, NIST FIPS 199, and NIST FIPS 200.

Perspectives

May 25, 2023

The Debt Ceiling Dilemma: Pitfalls for Government Contractors (pdf)

Presentation

April 3, 2023

Michael Barnicle Joins Law360’s 2023 Aerospace & Defense Editorial Advisory Board

Law360

December 1, 2021

Arnold & Porter Strengthens Government Contracts Practice with Addition of Partner Michael Barnicle in Chicago

Credentials

Education

J.D., The John Marshall Law School, 2008
B.A., with distinction, University of Kansas, 2004

Admissions

Illinois
District of Columbia

Government & Military Service

U.S. Army Judge Advocate General's Corps, Government Contracts Trial Attorney, Washington, D.C. (2012–2014); Government Contracts Attorney Advisor, Baghdad, Iraq (2011); Government Contracts Attorney Advisor, Ft. Bragg, North Carolina (2009–2010)

Clerkships

U.S. District Court for the Northern District of Illinois, Eastern Division, Chicago, Judge Charles P. Kocoras

Activities

Member, Law360's 2023 Aerospace & Defense Editorial Advisory Board
Co-Founder and Advisory Board Member, John Marshall Law School Veterans Legal Support Center & Clinic (2007–present)
Member, University of Kansas, College of Liberal Arts & Sciences Dean’s Advisory Board
Member, Chicago Council of 100
Member, Boards of Contract Appeals Bar Association
Member, Illinois State Bar Association
Co-Leader, National Veterans Legal Clinic Coalition (2015–2016)
Planner, American Bar Association National Legal Network for Military and Veterans, Their Families and Caregivers (2015–2016)
Member, American Bar Association, Public Contract Law Section; Military and Veterans Affairs Liaison (2015–present); Vice Chair, Construction Division (2014–2016)

Overview