Tenley A. Carp

Partner

Fax: 202.677.4067
Washington
1775 Pennsylvania Avenue NW
Suite 1000
Washington, District of Columbia 20006

Biography

Tenley, a partner and leader of the Government Contracts practice, is an indispensable resource for AGG’s government contracts clients. She negotiates government contracts, provides astute counseling, oversees audits and investigations, handles bid protest litigation and claims and performs due diligence in mergers and acquisitions. Building on 30 years of experience in connection with more than 100 litigation matters alone, Tenley astutely advises clients with respect to the intricacies and nuances in the bid protest and claims processes before the U.S. Government Accountability Office, U.S. Court of Federal Claims, U.S. Small Business Administration’s Office of Hearings and Appeals, United States District Courts, the U.S. Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals, the Federal Aviation Administration’s Office of Dispute Resolution and the U.S. Postal Service’s Supplier Disagreement Resolution Official.

Prior to joining AGG, Tenley served as a former Assistant General Counsel at the U.S. General Services Administration. She is a forward-thinking, productive entrepreneur who actively drives businesses towards successful outcomes. In addition to practicing law, she launched a business early on in her career which involved designing a web-based software program allowing citizens to respond to jury duty online or by phone. She obtained a U.S. Patent on the Automated System and Process for Conducting Jury Voir Dire.

Experience

  • Representation of a Fortune 50 company in a bid protest before the Government Accountability Office in a multi-party bid protest challenging the award by the Department of Justice of a contract valued at approximately $500 million to another bidder.

  • Represented federal government contractor investigated by US Government for potential civil and criminal violations of the False Claims Act and False Statements Act.

  • Successfully represented a $1 billion technology company in three successive claims against the Government, avoiding time-consuming and expensive litigation by negotiating settlements favorable to my client in each case.

  • Successful representation in a protest filed at U.S. Court of Federal Claims (“COFC”) alleging GSA erred by not selecting it from among 493 offerors as one of the awardees in connection with GSA’s Alliant 2 Small Business contract, valued at $15B. COFC sustained the protest on the merits and granted protester’s motion for permanent injunctive relief which resulted in the rescission of contract awards to 81 companies and GSA issuing an amended solicitation. Recovered protesters’ attorneys’ fees and costs from GSA.

  • Granted protest costs in part, including attorneys’ fees, stemming from their representation of a small radiopharmaceutical business in a post-award protest at GAO. The client challenged the award of a multiyear contract by VA to a subsidiary of a large business. After the client was forced to litigate for months, VA finally took corrective action. AGG filed a request for reimbursement of protest costs. GAO issued its decision on October 28, 2016 stating, “Protester’s request that GAO recommend reimbursement of protest costs is granted in part, where the agency unduly delayed taking corrective action in response to several clearly meritorious challenges to the evaluation of the awardee’s quotation….”

  • Successfully represented her client before the U.S. Department of Navy’s Suspension and Debarment Official (“SDO”), saving their business from remaining in the General Services Administration’s “Excluded Parties List System” database for three years and putting their company out of business. After Tenley explained all extenuating circumstances pertaining to the failed deliveries of furniture, the SDO agreed to remove the Parties from the EPLS database.

  • Successfully represented her client in a protest at GAO challenging the improper award of a contract by the Consumer Financial Protection Bureau (“CFPB”) to a competitor. Her client’s subcontractor was the incumbent contractor at CFPB. The filing of the protest triggered the automatic suspension of the competitor’s contract. Twelve days after the protest was filed, CFPB took corrective action which (1) gave her client another chance to win the award; and (2) extended the subcontractor’s contract by nearly six months.

  • Successfully represented client in a pre-award protest challenging the terms of the solicitation for a five-year procurement of radiopharmaceuticals for all VA Medical Centers in Florida. After the VA agreed to take corrective action, the client expressed his appreciation in an email stating, “It was your expertise, skills and passion that gave us this win. If it wasn’t for you, we would have been pushed to the side, which is what our competitors planned. I feel the real winner will be the VA, the taxpayer, and most important the patient. Now we can bid. Thank you.”

  • Recovered attorney’s fees for client who filed a post-award bid protest at GAO. GAO’s decision granting attorney’s fees stated, “We recommend that the protester be reimbursed the costs associated with filing and pursuing its initial and first supplemental protest challenging the agency’s evaluation of the awardee’s proposal, including reasonable attorney’s fees, because the agency unduly delayed taking corrective action in the face of a clearly meritorious protest, where reasonable inquiry into the initial protest would have revealed errors in the agency’s evaluation… we direct your attention to 31 U.S.C. section 3554(c )(3) which requires the agency to pay the costs promptly….”

  • Successfully represented contractor in a pre-award protest filed before GAO challenging a RFQ issued by the U.S. Department of Veterans Affairs Medical Center (“VAMC”) for the delivery of radiopharmaceuticals to its Shreveport, Louisiana location. Ms. Carp’s client protested VAMC’s decision to restrict the competition to a Veteran-Owned Small Business Set-Aside, which precluded her client, the incumbent, from submitting a quote. Less than 24 hours after Ms. Carp filed the protest, VA filed a Motion to Dismiss the pre-award protest citing its intention to take corrective action. Since Ms. Carp’s client is the incumbent, her client is now in the ideal position of performing under the existing contract while waiting for VA to issue its new RFQ, one which will very likely permit her client to submit a quote and win a five-year contract with VAMC.

  • Successfully represented her client by filing a pre-award bid protest filed at the Government Accountability Office (“GAO”). The protest alleged, among other things, that the solicitation issued by the U.S. Department of Veterans Affairs in West Palm Beach, Florida (“Agency”) violated the Competition in Contracting Act of 1984 (“CICA”) because the solicitation called for several proprietary products which only one large healthcare company in the United States could provide. CICA expressly requires agencies to promote competition to the maximum extent possible. Within one week of receipt of the bid protest, the Agency agreed to take corrective action by revising the solicitation in a manner designed to achieve competition. GAO dismissed the protest after the Agency agreed to take such corrective action. Her client will now have an opportunity to bid on a five (5) year contract with the Agency.

  • Successfully represented her client in an agency-level protest filed with the Department of Veterans Affairs (“VA”) on January 9, 2015. In less than a month after the protest was filed, VA agreed to terminate the contract awarded to her client’s competitor and re-issue the solicitation. In agreeing to take corrective action, VA admitted that it failed to follow its own internal requirements, applicable procurement regulations and national security priorities with respect to procuring radiopharmaceuticals.

  • Successfully represented her client in the third of three pre-award protests filed at the U.S. Government Accountability Office (“GAO”) challenging the terms of a solicitation issued by the Department of Veterans Affairs (“VA”). On the day before the Agency Report was due, VA notified GAO that VA would immediately take corrective action exactly as it was requested in her client’s pre-award protest and requested that GAO dismiss the protest.

  • Successfully represented her client in the filing of two claims at the Defense Logistics Agency (“DLA”). Her client had a very weak case on the issue of legal entitlement since her client had worked for DLA “at risk” (without signed modifications to its task orders). On the day before the Alternative Dispute Resolution, the judge from the Armed Services Board of Contract Appeals called to tell her that DLA was not putting a dime on this case, was planning to sue her client for a significant sum in overpayments and was attending the ADR only to “educate her client.” After 8.5 hours of negotiations, DLA agreed to pay her client 67% of the claimed amount.

  • Filed a bid protest at GAO on behalf of her client claiming that VA’s sole source contract extension to another company was improper. One week later, VA agreed to terminate its contract with that other company and allow her client and others to compete for a contract. The protest served its intended purpose.

  • Successfully represented her client in a dispute with the US Postal Service (“USPS”). After award of a contract for PBX maintenance support services to her client, her client began to incur additional costs due to unexpected changes to the contract added by USPS. Her client filed a request for equitable adjustment, which was denied. On behalf of her client, she appealed that denial to the Postal Service Board of Contract Appeals (“PSBCA”). Soon thereafter, the parties engaged in meaningful settlement discussions, the result of which was that USPS has agreed to pay her client for all of the unexpected changes. The Settlement Agreement reflects USPS’s agreement to pay her client for the changes to the contract and her client’s agreement to withdraw the appeal from the PSBCA.

  • Successfully represented her client in a dispute with the Defense Contract Management Agency (“DCMA”) regarding questioned costs in the overhead pool, 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 type contracts. DCMA‘s incurred cost audit of her client revealed nearly $500K in proposed unallowable costs. On the client’s behalf, she filed an appeal of the DCMA’s Final Decision at the Armed Services Board of Contract Appeals (“ASBCA”). After several lengthy conference calls and one in person meeting among counsel only, the parties were able to resolve the entire case informally without mediation or ASBCA involvement. The client’s nearly $500K in proposed unallowable costs were ultimately deemed allowable. The parties filed a Joint Stipulation of Dismissal with the ASBCA and the appeal was dismissed with prejudice on May 1, 2014.

  • Counseled technology company with regard to the numerous compliance obligations imposed on federal government contractors and described the penalty associated with the failure to comply with or blatant misconduct of each of the listed compliance obligations.

  • Counseled the US subsidiary of a $1 billion company based in the United Kingdom with regard to the compliance obligations of the Buy American Act and Trade Agreements Act imposed on the US subsidiary due to sales of its services to the federal government both on and off its GSA Schedule.

  • Drafted Code of Business Ethics and Conduct for $1 billion company and created an “Ethics Training” PowerPoint presentation for the company’s executive level officers and all salespersons who interacted with federal government personnel.

  • Drafted and edited numerous teaming agreement and subcontract agreements for a technology company serving as a subcontractor to multiple large systems integrators which hold prime contracts with various federal agencies.

  • Performed due diligence focused specifically on a Target Company’s multiple government contracts on behalf of my client, the purchaser of such Target Company.

  • Represented client in successful price negotiations involving cost or pricing data for a $250 million follow-on subcontract to provide materials to a large prime contractor managing and operating a US national security site.

  • Successfully represented a small technology company in obtaining a 20-year contract with the General Services Administration; such contract is referred to as a “GSA Schedule.” Drafted Memorandum of Law for the company outlining compliance obligations imposed on federal government contractors holding GSA Schedules.

  • Successfully represented client in a bid protest filed at the Government Accountability Office (“GAO”) involving a contract for the delivery of radiopharmaceuticals to the U.S. Department of Veterans Affairs in Durham, N.C. (“Agency”). The protest alleged, inter alia, that the Agency failed to properly evaluate the prospective awardee and that the Agency erred in seeking a waiver to the Non-Manufacturer Rule (“NMR”). For more than two months after the protest was filed, the Agency attempted to justify its actions. When the contractor threatened to file a size protest at the U.S. Small Business Administration, the Agency finally relented. One day after such threat, the Agency informed GAO that it had erred in seeking a waiver to the NMR and would take corrective action by re-soliciting the requirement. Tenley’s client now has another chance to win a five-year contract with the Agency.

  • Successfully represented federal government contractor in the process of submitting a Novation Agreement to the General Services Administration resulting in the novation of the company’s GSA Schedule from one corporate entity to another.

Credentials

  • The George Washington University Law School, Juris Doctor
  • Tulane University, Bachelor of Arts - International Relations, International Relations
    • Omicron Delta Kappa
  • District of Columbia 1992
  • State of Maryland 1991
  • United States District Court for the District of Maryland 2019
  • United States Court of Appeals for the District of Columbia Circuit 2014
  • United States Court of Federal Claims 2002
  • United States District Court for the District of Columbia 1995
  • District of Columbia Court of Appeals 1992
  • Maryland Court of Appeals 1991
    • Crohn’s & Colitis Foundation (CCF), Greater Washington, D.C./Northern Virginia Chapter, Board Member and Past President
    • Swedish-American Chamber of Commerce, Board Member and Golf Committee Chair
    • FBA Government Contracts Section, 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
  • 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 $20,000 for the charity.

 

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

 

Press

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

COVID-19 Updates