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When it comes to war stories told by government contracts lawyers, James McCullough has one that’s tough to beat � the time he handled two hearings simultaneously. “I shuttled back and forth between two side-by-side courtrooms,” the Fried, Frank, Harris, Shriver & Jacobson partner recalls of the November 1991 proceedings before the General Services Board of Contract Appeals. “We didn’t anticipate one or both going to hearing, and certainly not on the same day.” (The feat, he adds, was made possible only with the help of “two dynamite associates,” Deneen Melander, now a firm partner, and Dan Gordon, today a top lawyer at the Government Accountability Office.) Both protests ended successfully for the clients. A highly sought-after bid-protest litigator, McCullough, 57, counts the Science Applications International Corp. (SAIC) as a major client. Other large clients he has represented include the AT&T Co., the Northrop Grumman Corp., and L3 Communications. McCullough began his career as an officer in the U.S. Navy in 1969. He left active duty in 1973 to attend law school at the University of Virginia. Upon graduation, he took a civilian job with the Navy General Counsel’s Office. “They told me I’d be in a courtroom within six months to a year, trying my own cases,” he recalls. And he was, representing the Navy in various contract performance disputes before the Armed Services Board of Contract Appeals. The insider perspective he gained has proven invaluable, McCullough says. “I feel very comfortable dealing with the mechanics of government issues because I have the process, the mechanics, the lingo down.” McCullough joined the D.C. office of Fried, Frank in 1980. He worked closely with longtime partner Joel Feidelman in the bid protest arena and made partner himself in 1985. The next 10 years, McCullough says, are “a blank spot in my life.” This was the period when the General Services Board of Contract Appeals heard nearly all bid protests involving information technology contracts � complex cases marked by extremely tight deadlines. McCullough handled close to 100 of them, including the two cases on the same day. Recently, McCullough has been on a roll, notching two significant decisions. The first, for SAIC, involved a $706 million contract to provide information technology support services for the Environmental Protection Agency. The agency had awarded the contract to Lockheed Martin Services. But because Lockheed is a major manufacturer, it’s subject to many EPA regulations, and therefore, SAIC argued, this created a potential conflict of interest. In May 2004, the GAO sustained the protest and awarded SAIC attorney fees. “The decision is noteworthy for expanding the scope of the activities that must be reviewed to determine whether an contractor may have a conflict of interest,” says McCullough. The EPA subsequently re-evaluated the contract and confirmed the award to Lockheed. On Sept. 21, in a second protest, the GAO upheld the EPA’s decision. Grant Clark, chief deputy counsel of SAIC, praises McCullough as “an expert on almost every government contracts law issue SAIC encounters. . . . Time and again, we have called on Jim to express our position, and he excels at making the best arguments possible under the circumstances.” McCullough has handled one SAIC-related matter pro bono. A company employee was killed at the Pentagon on Sept. 11, 2001, and McCullough represented the man’s widow and young son before the Victim Compensation Fund. In another recent case, McCullough won a bid protest on behalf of the Hunt Building Co. before the U.S. Court of Federal Claims in July. At stake was a 50-year, $1.3 billion project to privatize military family housing at Hickam Air Force Base in Hawaii. Hunt President Mike Hunt says he has turned to McCullough for assistance with the company’s most difficult government contracts issues for 15 years. “I think more highly of Jim than anyone else in the profession,” says Hunt. “He’s a true professional and a joy to work with.”

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