Thomas E. Daley

Associate

Emailtom.daley@us.dlapiper.com

Call+1 202 799 4721

Washington, DC

About

Tom Daley represents companies who do business with federal, state, and local governments, with a focus on the defense, aerospace, and energy sectors.

Tom advises clients ranging from startups to established public companies on contractual and regulatory requirements that apply to government contracts, grants, cooperative agreements, Small Business Innovation Research (SBIR) awards, Cooperative Research and Development Agreements (CRADAs), and Other Transaction Agreements (OTAs). His practice includes drafting and negotiating complex agreements, including teaming agreements, subcontracts, joint venture agreements, joint development agreements, and other long-term arrangements. Additionally, Tom provides strategic advice to clients interested in entering the federal marketplace and pursuing government funding opportunities.

Tom has successfully litigated bid protests before the US Court of Federal Claims and US Government Accountability Office (GAO), as well as size protests before the Small Business Administration and Office of Hearings and Appeals. Tom also represents companies in claims under the Contract Disputes Act and other contract disputes.

Tom assists clients in Department of Justice Investigations, investigations brought by Inspectors General, and internal investigations. His work often includes issues involving allegations of procurement fraud or misconduct, and he has worked closely with government contractors on actions brought under the False Claims Act. He has assisted contractors with mandatory disclosures, subpoenas, Civil Investigative Demands, and in proceedings before suspension and debarment officials.

Tom is a widely published author who regularly writes and speaks about complex issues within the government contracts field, including bid protests, the False Claims Act, and sustainable procurement matters. His works have been published in leading government contracts publications, including the Public Contract Law Journal, Law360, PubK, and The Procurement Lawyer. Additionally, Tom has been recognized as a leading government contracts lawyer by Chambers USA and The Legal 500.

Areas of FocusRegulatory and Government Affairs Government Contracting

Bar admissionsDistrict of Columbia

CourtsUnited States Court of Federal ClaimsUnited States Court of Appeals for the Federal Circuit

EXPERIENCE

Recent representative bid protest matters include:

Defended award of US$800 million contract to aviation company before the GAO, Court of Federal Claims, and Court of Appeals for the Federal Circuit
Successfully challenged the award of a US$365 million Air Force contract, resulting in a contract award to our client
Successfully protested the award of a US$340 million Department of Veterans Affairs contract, resulting in a contract award to our client
Obtained a permanent injunction preventing the Department of State from proceeding with award of a contract to our client's competitor
Obtained a court decision vacating a determination of the Small Business Administration Office of Hearings and Appeals finding our client to not be a small business
Successfully requested an injunction pending an appeal before the US Court of Appeals for the Federal Circuit, which allowed our client to continue performing an incumbent contract during the pendency of an appeal
Successfully protested the National Institutes of Health's evaluation of a client's past performance, resulting in our client being reinstated to the procurement
Successfully protested the Marine Corps' evaluation of our client's proposal as well as the award decision, which required the Marine Corps to reopen the procurement and allow our client to submit a revised proposal

Awards and Recognitions

Pro Bono

Tom is a member of the Pro Bono Committee for the Washington, DC office. He maintains an active pro bono practice in which he counsels small businesses and works with clean-energy companies performing under federal grants and cooperative agreements.

Education

J.D., George Washington University Law School
with high honors
Order of the Coif

B.S., Business Administration, Susquehanna University

Bylines

Co-author, "Speak Now or Forever Hold Your Protest: Examining the Divergent Timeliness Rules for Solicitation Protests at the GAO and the Court of Federal Claims," 53 Pub. Cont. L.J. 513, 2024
Co-author, "How to Define and Report Greenhouse Gas Emissions," National Contract Management Associate Magazine, June 2024
Co-author, "Contractors Must Prep For FAR Council GHG Emissions Rule," Law360, May 28, 2024
Co-author, "Establishing Prejudice in Bid Protests When No Offerors Are Eligible for Award," The Procurement Lawyer, May 17, 2024
Co-author, "UN Climate Summit: What To Watch For In Dubai," Law360, September 22, 2023
Co-author, "Equitable Limitations on Government Counterclaims for Common-Law Fraud," 52 Pub. Cont. L.J., 2023
Co-author, "Recent Government Contracts Cybersecurity Developments Demonstrate the Need for Enhanced Monitoring Now," Pratt's Government Contracting Law Report, May 2023
Co-author, "Cybersecurity Litigation for Government Contractors Is on the Rise," Pratt's Government Contracting Law Report, November 2022
Author, "Timeliness at the Court of Federal Claims: Reexamining the Blue & Gold Doctrine in Light of SCA Hygiene and Petrella," 51 Pub. Cont. L.J. 491, 2022
Co-author, "False Claims Act Settlement Underscores Importance of Government Contracts-Specific M&A Diligence, 8 Gov't Contracting," L. Rep. 340, 2022
Co-author, "The Impact of Escobar and the Procurement Collusion Strike Force on Procurement-Related False Claims Act Settlements," Procurement Law, Spring 2022
Author, "Reassessing the Role of the Reilly's Wholesale Factors in Override Protests Following the Federal Circuit's Decision in Safeguard Base Operations," 50 Pub. Cont. L.J. 497, 2021
Co-author, "Government Contractor Mergers & Acquisitions: What To Do With Pending Proposals?" 20-4 Briefing Papers 1, March 2020
Author, "Note, Calculating Intangibles: Assessing the Argument for Actual Damages Equal to the Contract's Total Value," 46 Pub. Cont. L.J. 385, 2017

Seminars

Speaker, "Business Torts and Fraud Litigation in Disputes Between Prime Contractors and Subcontractors," American Bar Association, November 5, 2025
Speaker, "Joint Technology Development, Government Funding, and the Future of Space Innovation," October 23, 2025
Presenter, "Winning Government Grants & Contracts: Compliance, Strategy, and Funding Insights for Startups," July 31, 2025
Speaker, GRF's ESG Summit 2025, April 26, 2025
Moderator, "Navigating Government Funding in 2025: Securing and Managing Federal Grants, Contracts, and Loans," April 25, 2025
Presenter, "Introduction to Government Contracting," DC Bar Pro Bono Center, January 29, 2025
Speaker, "ESG Related Policies, Laws, and Regulations and Their Impact on the Federal Contracting Progress," American Bar Association, January 28, 2025
Presenter, "Law As Technology: A Case Study in Green Procurement," Tenth International Research Study on Public Procurement, August 22, 2024
Speaker, "GW Law Summer Series: Green Procurement Across Borders," The George Washington University, July 25, 2024
Panelist, Net Zero Symposium, University of Oxford, June 25, 2024
Presenter, "Green Procurement: International Trade Issues," SAPIENS Network Conference for Procurement and Sustainability Innovation, June 20, 2024
Presenter, "U.S. Government Sustainable Procurement and ESG Policies," GRF's ESG Summit, April 24, 2024

Media Mentions

Prior Experience

Prior to joining AKD Partners, Tom spent two years as a judicial law clerk for the Honorable Marian Blank Horn of the United States Court of Federal Claims, assisting with bid protests, contract disputes, and other matters within the court's jurisdiction.