Tenley A. Carp

Partner

Direct: 202.677.4066
Fax: 202.677.4067
Washington
2100 Pennsylvania Avenue NW
Suite 350S
Washington, District of Columbia 20037

Biography

Tenley is a partner and leader of the Government Contracts practice, advising companies, investors, and government contractors on complex matters involving federal procurement, regulatory compliance, and government contracts litigation. With more than 30 years of experience, she focuses on government contracts due diligence in mergers and acquisitions, helping clients assess risk, structure transactions, and obtain required approvals. She regularly works with companies in highly regulated industries — including technology, manufacturing, healthcare, life sciences, and national security-related sectors — where government contracts play a critical role in enterprise value.

Tenley counsels clients across the full lifecycle of government contracting, from transactional diligence to disputes and enforcement. She advises on Committee on Foreign Investment in the United States (“CFIUS”) reviews; Foreign Ownership, Control, or Influence (“FOCI”) mitigation; novation agreements; and small business compliance. Additionally, Tenley negotiates and administers government contracts. She also represents clients in bid protests, claims, and investigations before the U.S. Government Accountability Office, U.S. Court of Federal Claims, boards of contract appeals, and federal agencies. With experience spanning more than 100 disputes, she has secured significant results for clients ranging from emerging companies to Fortune 50 contractors, including high-value procurements, complex claims, and suspension and debarment matters.

Prior to joining AGG, Tenley served as assistant general counsel at the U.S. General Services Administration and practiced as a government contracts attorney at two large law firms. She obtained a U.S. Patent on the Automated System and Process for Conducting Jury Voir Dire, developed in connection with a web-based software program she designed that enables citizens to respond to jury duty online or by telephone.

Clients turn to her for practical, business-focused guidance in high-stakes situations where legal, regulatory, and commercial considerations intersect. Known for her strategic approach and ability to translate complex procurement rules into actionable advice, Tenley helps clients anticipate risk, navigate government processes, and achieve successful outcomes in both transactions and disputes.

Related Services

Related Industries

Experience

MERGERS AND ACQUISITIONS
  • Represented a buyer in an asset purchase transaction involving the transfer of government contracts and assumption of related liabilities, including preparation of all documentation required for a novation agreement that received U.S. government approval.
  • Represented a seller in the equity sale of its disaster recovery business to a strategic buyer, including analysis and documentation of the seller’s size status representations under an IDIQ contract originally awarded by FEMA as a small business set-aside.
  • Represented the seller of a mental healthcare services company holding 27 federal government contracts across multiple agencies, performing comprehensive due diligence on all contracts and drafting the government contracts schedule for the unit purchase agreement.
  • Represented a seller in the equity sale of its tungsten alloy products business to a buyer with a foreign parent company, obtaining approval from the Committee on Foreign Investment in the United States, negotiating a national security agreement, securing Hart-Scott-Rodino clearance, and implementing foreign ownership, control, or influence mitigation measures. The transaction involved the seller’s largest customer, the U.S. Department of Energy’s National Nuclear Security Administration.
  • Represented a federal government contractor in submitting a novation agreement to the General Services Administration, resulting in the successful novation of the company’s GSA Schedule from one corporate entity to another.
  • Conducted government contracts due diligence on a target company’s multiple government contracts on behalf of the acquiring entity.
  • Represented a small technology company in obtaining a 20-year GSA Schedule contract and prepared a compliance memorandum outlining the obligations imposed on federal government contractors holding such schedules.
BID PROTESTS AND CLAIMS
  • Represented a client in a protest at the U.S. Government Accountability Office concerning a Department of Veterans Affairs multiple award contract valued at approximately $220 million. After the initial award to the client was reversed due to a subcontractor’s lapsed SAM registration, successfully argued that the evaluation criteria required only the prime contractor — not subcontractors — to maintain current SAM registration at the time of award, resulting in corrective action and reinstatement of the contract award.
  • Represented a prime contractor in federal litigation filed by a subcontractor alleging breach of a teaming agreement. Removed the case from Alabama state court to the Middle District of Alabama and filed a motion to dismiss demonstrating that the governing agreements established a 49% work share rather than the 60% alleged. The motion was granted with prejudice.
  • Represented a large government contracts reseller, a subsidiary of a Fortune 500 company, in a $500,000 claim against the District of Columbia based on excess use of archiving software and storage capacity. Following appeal to the D.C. Contract Appeals Board, recovered the full claimed amount in settlement.
  • Represented a federal government contractor in a $49 million contract award for fingerprint and latent examiner services from the U.S. Department of Homeland Security, defending against a competitor’s protest at the U.S. Government Accountability Office. Successfully persuaded DHS not to take corrective action that would have increased the protester’s technical score, and the protester ultimately withdrew, allowing contract performance to proceed.
  • Represented a contractor in a certified claim before the U.S. Civilian Board of Contract Appeals alleging that the U.S. Small Business Administration deployed software beyond the contract terms. Following a two-day hearing, the Board issued a precedent-setting opinion granting the claim and awarding damages exceeding $1 million plus interest.
  • Recovered more than $2 million from the U.S. Department of Veterans Affairs in satisfaction of two certified claims filed at the agency, settling both claims informally weeks before a scheduled hearing at the U.S. Civilian Board of Contract Appeals.
  • Represented a protester before the U.S. Court of Federal Claims challenging the U.S. General Services Administration’s failure to select the client from among 493 offerors for the Alliant 2 Small Business contract, valued at $15 billion. The court sustained the protest on the merits and granted permanent injunctive relief, resulting in rescission of awards to 81 companies and issuance of an amended solicitation. Recovered attorneys’ fees.
  • Represented a Fortune 50 company in a multi-party bid protest before the Government Accountability Office challenging the Department of Justice’s award of a contract valued at approximately $500 million.
  • Represented a federal government contractor under investigation by the U.S. government for potential civil and criminal violations of the False Claims Act and False Statements Act.
  • Represented a $1 billion technology company in three successive claims against the government, negotiating favorable settlements in each case without litigation.
  • Represented a client before the U.S. Department of Navy’s Suspension and Debarment Official following placement on the General Services Administration’s Excluded Parties List System database. After presenting extenuating circumstances regarding failed furniture deliveries, obtained removal from the database, preserving the client’s ability to continue government contracting.
  • Represented a client in a protest at GAO challenging the Consumer Financial Protection Bureau’s award of a contract to a competitor. The protest triggered automatic suspension of the competitor’s contract. Within 12 days, CFPB took corrective action, providing the client another opportunity to compete and extending the incumbent’s contract by nearly six months.
  • Represented a small radiopharmaceutical business in a post-award protest at GAO challenging the award of a multi-year VA contract to a large business subsidiary. After extended litigation, VA took corrective action. Recovered attorneys’ fees after GAO determined the agency unduly delayed corrective action in response to clearly meritorious challenges.
  • Filed a pre-award bid protest at the Government Accountability Office alleging that a U.S. Department of Veterans Affairs solicitation in West Palm Beach, Florida, violated the Competition in Contracting Act of 1984 by specifying proprietary products available from only one large healthcare company. Within one week, the agency took corrective action by revising the solicitation to achieve competition.
  • Represented a client in an agency-level protest filed with the Department of Veterans Affairs. Within one month, VA terminated the contract awarded to the competitor and agreed to re-issue the solicitation, acknowledging failure to follow internal requirements, applicable procurement regulations, and national security priorities for radiopharmaceutical procurement.
  • Represented a client in the third of three pre-award protests at the U.S. Government Accountability Office challenging the terms of a VA solicitation. On the day before the Agency Report was due, VA notified GAO it would take immediate corrective action as requested and sought dismissal of the protest.
  • Represented a client in two claims at the Defense Logistics Agency where the client had performed work without signed task order modifications. At alternative dispute resolution, persuaded DLA to pay 67% of the claimed amount despite DLA’s initial position that it would seek recovery of significant overpayments.
  • Represented a client in a dispute with the U.S. Postal Service concerning additional costs incurred due to unexpected contract changes following award of a PBX maintenance support services contract. After the agency denied the request for equitable adjustment, appealed to the Postal Service Board of Contract Appeals and obtained full payment through settlement.
  • Represented a client in a dispute with the Defense Contract Management Agency regarding questioned costs in overhead pools, overhead base, G&A pool, G&A base, and material/subcontract handling base, as well as direct costs on cost-type and time-and-material contracts. Following an incurred cost audit proposing nearly $500,000 in unallowable costs, resolved the appeal at the Armed Services Board of Contract Appeals through informal resolution, with all questioned costs deemed allowable.
PAYCHECK PROTECTION PROGRAM MATTERS
  • Represented a company in a $1 million PPP loan forgiveness partial denial matter in which the SBA argued that the client was a financial business primarily engaged in lending and therefore ineligible for PPP loans. Successfully argued that the client operated as a legitimate Texas credit access business that facilitated rather than initiated loans, obtaining full loan forgiveness after two rounds of appeals.
  • Represented the largest pistachio and blueberry farmer in the United States in a $1.6 million PPP appeal at the U.S. Small Business Administration Office of Hearings and Appeals. After four months of litigation, obtained a decision in the client’s favor resulting in full loan forgiveness.
  • Represented a company in a $2.6 million PPP loan forgiveness matter, communicating effectively with the lender regarding the calculations in the company’s PPP spreadsheet and obtaining full forgiveness within days.
  • Represented a company in a $3 million PPP loan forgiveness denial matter for two entities. Secured full loan forgiveness for one entity and timely appealed the second entity’s denial to SBA’s Office of Hearings and Appeals, deferring repayment pending final adjudication.
REGULATORY COUNSELING AND COMPLIANCE
  • Counseled a technology company on compliance obligations imposed on federal government contractors, including penalties associated with noncompliance or misconduct.
  • Counseled the U.S. subsidiary of a $1 billion UK-based company on compliance obligations under the Buy American Act and Trade Agreements Act arising from sales to the federal government both on and off the subsidiary’s GSA Schedule.
  • Drafted a Code of Business Ethics and Conduct and created ethics training materials for executive officers and sales personnel of a $1 billion company engaged in federal government contracting.
  • Drafted and negotiated teaming agreements and subcontract agreements for a technology company serving as a subcontractor to multiple large systems integrators with federal agency prime contracts.
  • Represented a client in price negotiations involving cost or pricing data for a $250 million follow-on subcontract to provide materials to a prime contractor managing a U.S. national security site.
  • Represented a client in a bid protest at the Government Accountability Office involving a contract for radiopharmaceutical delivery to the U.S. Department of Veterans Affairs, challenging the agency’s improper evaluation and erroneous waiver of the Non-Manufacturer Rule. The agency acknowledged its error and agreed to re-solicit the requirement.
  • Represented a client in a pre-award protest challenging the terms of a solicitation for a five-year radiopharmaceutical procurement for all VA Medical Centers in Florida, obtaining corrective action from the agency.
REPRESENTATIVE CASES AND ADMINISTRATIVE DECISIONS
  • Datum Software, Inc. v. Citizant, Inc., No. 23-12538, _F.App’x_(11th Cir. 2024)(unpublished)
  • Focused Management, Inc. v. Consumer Financial Protection Bureau, CBCA 7324, Aug. 5, 2022, 22-1 BCA 38176, 2022 WL 3349579
  • Citizant, Inc.; Steampunk, Inc., B-240660.2, Jul 13, 2022, 2022 CPD 181, 2022 WL 2966725
  • Citizant, Inc. v. United States, United States Court of Federal Claims, June 09, 2021, 154 Fed. Cl. 8, 2021 WL 2371709
  • Immixtechnology, Inc. on behalf of Software AG Government Solutions, Inc. v. Department of Interior, CBCA 5866, Dec. 18, 2020, 22-1 BCA 37999, 2020 WL 7866680
  • AVER, LLC, B-419244, Nov. 2, 2022, 2020 CPD 360, 2020 WL 6484102
  • Eagle Acquisition XIII, LLC dba Concordia Nursing and Rehabilitation River Pointe v. Department of Veterans Affairs, CBCA 6667, Sept. 17, 2020, 20-1 BCA 37691, 2020 WL 5744017
  • Eagle Acquisition VI, LLC dba Concordia Transitional Care and Rehabilitation – Elizabeth City v. Department of Veterans Affairs, CBCA 6666, Sept. 8, 2020, 2020 WL 5496121
  • Applied Sciences & Information Systems, Inc. v. DDC Construction Services, LLC, United States District Court, E.D. VA, Norfolk Division, March 30, 2020, Slip Copy, 2020 WL 2738243
  • Frequentis USA, Inc., ODRA Docket No. 19-ODRA-00866, 2020 WL 4044063
  • Applied Sciences & Information Systems, Inc., B-418068.2, Dec. 26, 2019, 2020 CPD 122, 2019 WL 8587473
  • Creative Custom Products, B-417761, 2019 CPD 371, 2019 WL 5801799
  • Mystic Ventures Group, LLC, SBA No. SIZ-6006, May 21, 2019, 2019 WL 3408804
  • Citizant, Inc. v. United States, United States Court of Federal Claims, March 11, 2019, 142 Fed. Cl. 260, 2019 WL 1324502
  • Immixtechnology, Inc. on behalf of Software AG Government Solutions, Inc. v. General Services Administration, CBCA 6317, 2019 WL 650566
  • Viaco Construction Corp. v. Department of Veterans Affairs, CBCA 5716, Feb. 6, 2019, 2019 WL 495752
  • Immixtechnology, Inc. on behalf of Software AG Government Solutions Inc. v. Department of the Interior, CBCA 5767, June 15, 2017, 2017 WL 2705962
  • Horizon Industries,, Ltd. B-416222.2, Jul 11, 2018, 2018 CPD 235, 2018 WL 3629388
  • Enhanced Veterans Solutions, Inc., B-414189.2, Jul 25, 2017, 2017 CPD 246, 2017 WL 3278096
  • Immixtechnology, Inc. on behalf of Software AG Government Solutions Inc. v. Department of the Interior, CBCA 5767, Jun 15, 2017, 2017 WL 2705962
  • U.S. ex. Rel. Davis, v. District of Columbia, United States Court of Appeals, District of Columbia Circuit, July 10, 2015, 793 F. 3d 120, 2015 WL 4153919
    Client Successes

    Credentials

    Education
    • The George Washington University Law School, Juris Doctor
    • Tulane University, Bachelor of Arts - International Relations, International Relations
      • Omicron Delta Kappa
    Admissions
    • District of Columbia
    • State of Maryland
    Court Admissions
    • United States Court of Appeals for the Eleventh Circuit
    • United States District Court for the Middle District of Alabama
    • United States District Court for the District of Maryland
    • United States Court of Appeals for the District of Columbia Circuit
    • United States Court of Federal Claims
    • United States District Court for the District of Columbia
    • District of Columbia Court of Appeals
    • Maryland Court of Appeals
    Associations
      • Crohn’s & Colitis Foundation (“CCF”), Greater Washington, D.C./Northern Virginia Chapter, Board Member, Past President, and Golf Committee Chair
      • Swedish-American Chamber of Commerce, Past Board Member, and Golf Committee Chair
      • FBA Government Contracts Section, Past Small Business Committee Chair
      • Springboard Enterprises, Inc. Member, Board of Trustees
      • Superior Court of the District of Columbia, Pro Bono Mediator, Multi-Door Dispute Resolution Division
    Languages
    • French ( Proficient )

    Recognition

    Distinctions

    • Distinguished Service Award recipient, The Crohn’s & Colitis Foundation (CCF), Greater Washington, DC/Virginia Chapter, 2017

     

    • First place recipient of a $50,000 cash prize in the Council for Excellence in Government’s “Imagine E-Government Competition,” a competition announced by President Bill Clinton during the first live White House webcast. The 130 entries were judged on originality, feasibility and public value.

     

    • Springboard Venture Forum held at AOL Headquarters, one of 40 women (out of 350 who applied) selected to present business idea.

     

    • Crohn’s & Colitis Foundation (CCF) “20/20 Club Member” for raising more than $75,000 for the charity.

     

    • Awarded a U.S. Patent on the Automated System and Process for Conducting Jury Voir Dire.

     

    Press

    “Pay transparency could expand to millions of workers under proposed rule,” The Business Journals – February 9, 2024

     

    “SBA makes sweeping change to 8(a) program after court ruling,” The Business Journals – August 17, 2023

     

    “Billions in Fed Contracting Dollars Could Be at Stake After Supreme Court Decision,” The Business Journals – August 9, 2023

     

    “PPP Loan Forgiveness Doesn’t Mean It’s Over for Businesses. Here’s a Costly Mistake to Avoid,” The Business Journals – March 16, 2023

     

    “PPP Borrowers Are Facing More Scrutiny From the Feds, Whistleblowers,” The Business Journals – March 9, 2023

     

    “Justice Department Left to Mop Up After Flood of PPP Fraud in Philadelphia and Across the Nation,” Philadelphia Business Journal – February 16, 2023

     

    “Their PPP Loans Were Forgiven, But They Were Under Investigation by the FBI. How Did That Happen?,” WCPO 9 – October 17, 2022

     

    “Coronavirus Roundup: The Latest on the Federal Contractors Vaccine Mandate Challenge,” Government Executive – April 15, 2022

     

    “Playbook for 2022: How Businesses Can Approach PPP Forgiveness, Appeals,” The Business Journals – January 4, 2022

     

    “Why Some Experts Think the PPP Loan Forgiveness Appeals Process Could Drag on for Years,” The Business Journals – December 22, 2021

     

    “SBA Gives Reprieve for Small Business Owners Appealing PPP Loan Forgiveness Decisions,” The Business Journals – July 29, 2021

     

    “SBA’s PPP Loan Forgiveness Deadline is Fast Approaching. Don’t Be Left on the Hook.,” Washington Business Journal – June 30, 2021

     

    “Events D.C. Scores PPP Loan As It Looks to Replenish Its Reserves Hit by COVID,” Washington Business Journal – June 22, 2021

     

    “SBA’s Restaurant Fund Lost in Court. The Targeted EIDL Advance Grant Program Could Be Next’,” Washington Business Journal – June 16, 2021

     

    “She Applied for SBA PPP Loan Forgiveness. A Typo Cost her $12,000.,” Washington Business Journal – June 9, 2021

     

    “PPP Loan Forgiveness Process Could Drag Out for ‘Six to Eight Years,’” Washington Business Journal – May 10, 2021

     

    “SBA’s Second PPP Loan Round Is Running Out of Money. Here’s How Much Is Left,” Washington Business Journal – May 4, 2021

     

    “Experts Talk Small Business Funding as COVID-19 Recovery Enters Second Year,” Washington Business Journal – March 11, 2021

     

    “Despite Many PPP Changes, This Type of Small Business Fell Through the Cracks,” Washington Business Journal – March 9, 2021

     

    “Biden Administration’s PPP Loan Fixes Mean More Money for These Small Businesses,” Cleveland Business Journal – February 23, 2021

     

    “Drive-Thrus and PPE – See the COVID Costs Now Covered Under the SBA’s PPP Loans,” Washington Business Journal – January 26, 2021

     

    “Two PPP Loans in the Same Round? Experts Say It’s Possible,” Washington Business Journal – January 20, 2021

     

    “SBA Readies Next Round of PPP Loans. Here’s Who Gets to Go First,” Milwaukee Business Journal – January 7, 2021

     

    “Millions of Small Business on Deck for Simplified PPP Loan Forgiveness,” Washington Business Journal – December 23, 2020

     

    “Some Howard Theatre Entities Were Approved for PPP Loans. Their Money Troubles Started Long Before the Pandemic,” Washington Business Journal – December 14, 2020

     

    “SBA Ordered to Release PPP Loan Details – and That Could Help Deter Fraud in a Second PPP Round,” Washington Business Journal – November 10, 2020

     

    “SBA’s New PPP Loan Forgiveness Forms Raise Red Flags with Experts,” Washington Business Journal – November 4, 2020

     

    “SBA Just Made PPP Forgiveness Easier for Smaller Loans. What About Everyone Else?,” Washington Business Journal – October 12, 2020

     

    “SBA Allows Lenders to Approve Some PPP M&A Deals. Here’s What You Need to Know,” Washington Business Journal – October 5, 2020

     

    “Small Business May Face PPP Loan-Forgiveness Hurdles, Interest Payments,” Washington Business Journal – September 24, 2020

     

    “Process Begins for HVAC Contractors Seeking PPP Loan Forgiveness,” ACHR News – September 11, 2020

     

    “Buying or Selling a Business? PPP Loans Will Complicate the Deal,” Washington Business Journal – September 1, 2020

     

    “Ready for PPP Forgiveness? Here’s What to Know About Owner, Employee Pay,” Washington Business Journal – August 19, 2020

     

    “SBA Has Opened Its PPP Forgiveness Portal. Here’s Why Many Small Businesses Will Have to Wait,” Washington Business Journal – August 10, 2020

     

    “SBA’s Paycheck Protection Program Set to Expire Aug. 8,” Washington Business Journal – August 6, 2020

     

    “A PPP ‘Double Dip:’ Some of D.C.’s Biggest Developers Scored Multiple Loans to Weather Coronavirus Crisis,” Washington Business Journal – August 6, 2020

     

    “Feature Comment: The FAR Ban on Human Trafficking – A 20-Year Journey from Mere Rhetoric to Meaningful Enforcement,” The Government Contractor (Thomson Reuters) – August 5, 2020

     

    “A Here Are 7 Things to Know Before Applying for PPP Loan Forgiveness,” Atlanta Business Chronicle – August 4, 2020

     

    “Potential Stimulus Bill Could Allow Companies in Bankruptcy to Pursue PPP Loans,” Washington Business Journal – August 4, 2020

     

    “Tiered PPP Loan Forgiveness is Emerging in Republican Stimulus Bill,” Washington Business Journal – July 30, 2020

     

    “PPP Loan Insurance? Yes, It Exists. But Some Experts Are Wary,” Chicago Business Journal – July 9, 2020

     

    “Hundreds of Millions Go to COVID-19 Firms Accused of Fraud,” USA Today – July 7, 2020

     

    “Congress Gets Full PPP Data, While Groups Push to Make More Public,” Washington Business Journal – July 6, 2020

     

    “Will There Be A Second Stimulus Check? What is the HEROES Act?,” Business.com – June 19, 2020

     

    “More Money for Owner and Employee Pay? Experts Weigh in on New PPP Law,” Washington Business Journal – June 12, 2020

     

    “Small Businesses Could Be Caught in PPP Loan Forgiveness Process into 2022 – and Beyond,” Washington Business Journal – June 12, 2020

     

    “New PPP Law Changes the Importance of Bonuses. Here’s Why,” Washington Business Journal – June 8, 2020

     

    “A Math Error May Explain Why Many PPP Loans Will Fall Short of Forgiveness. But There Are Fixes,” Washington Business Journal – May 28, 2020

     

    “SBA Officially Weighs In on Using PPP for Bonuses. Here’s What It Says,” Washington Business Journal – May 26, 2020

     

    “Can Independent Contractors Take Both PPP And Unemployment? Well, Maybe,” Travel Agent Central – May 2020

     

    “Small Businesses Note Another Flaw in SBA’s PPP as Reopening Costs Mount,” Washington Business Journal – May 15, 2020

     

    “Shifting SBA Guidance Could Create ‘Legal Mess’ for PPP Recipients,” Washington Business Journal – May 13, 2020

     

    “European Investors Struggle to Access Pandemic Relief in U.S.,” Global Atlanta – May 7, 2020

     

    “The Clock is Ticking, Yet Widespread Confusion Remains on PPP Spending Deadlines,” Washington Business Journal – May 6, 2020

     

    “Big Brother is Eyeing Some PPP Loans. Here’s Why It Might be Time to Give the Money Back,” Washington Business Journal – May 5, 2020

     

    “PPP Loan or No, Many Small Businesses Will Still Face Bankruptcy. Here’s What That Means,” Washington Business Journal – May 1, 2020

     

    “SBA’s PPP Loan Forgiveness Might Be Difficult. Bonuses Could Help,” The Business Journal – Pacific Business News – April 28, 2020

     

    “SBA’s PPP Loan Portal Opens Again – But These Business Groups are Still Shut Out,” The Business Journal – Pacific Business News – April 27, 2020

     

    “Some Private Equity-Backed Breweries Could Be Eligible for PPP Loans,” Brewhound – April 2020

     

    “Here are 7 Things Small Businesses Should Know about PPP Loans,” Atlanta Business Chronicle – April 2020

     

    “Big Atlanta Companies Withdraw Billions from Bank Credit Lines,” The Atlanta Journal Constitution – March 2020

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