Alexander O. Canizares
- Washington, D.C.
Litigator and adviser Alexander Canizares represents clients in complex disputes, investigations, and compliance matters involving government contracts.
A former trial lawyer with the U.S. Department of Justice's (DOJ) Civil Division, Alex draws on his more than 15 years of experience in private practice and government to assist government contractors and other companies in high-stakes litigation, internal and government investigations, enforcement actions, and counseling spanning all phases of federal procurement. His clients range from early-stage companies to Fortune 100 corporations in the aerospace and defense, information technology, healthcare, professional services, and other industries.
Alex represents clients in False Claims Act (FCA)/qui tam whistleblower actions and investigations involving fraud allegations. He also helps clients navigate mandatory and voluntary disclosures to federal agencies and mitigate risks involving the FCA and misconduct. Alex serves as lead counsel in litigation related to the formation and performance of government contracts, including bid protests, contract claims, and prime-subcontractor disputes. As a trial lawyer in the DOJ Civil Division's Commercial Litigation Branch, National Courts Section, Alex first-chaired dozens of cases at both the trial and appellate levels involving federal agencies. He advocates on behalf of clients before U.S. district courts, the U.S. Court of Federal Claims, the Government Accountability Office, the U.S. Court of Appeals for the Federal Circuit, and arbitral tribunals. He has presented 13 oral arguments before the Federal Circuit and has secured successful outcomes in contract-related litigation and bid protests.
In his counsel to clients, Alex provides advice on a wide range of U.S. government contracting matters with a focus on driving effective responses to compliance risks. He regularly helps contractors assess and address cybersecurity and supply chain security requirements including those related to safeguarding controlled government data. He provides practical guidance to contractors across a variety of industries on the Federal Acquisition Regulation (FAR), agency FAR supplements, and federal procurement laws. Alex's counseling practice extends to commercial products/services contracting, procurement integrity/ethics issues, the Anti-Kickback Act, subcontracting, suspension and debarment issues, the Freedom of Information Act, intellectual property/data rights, and diligence in corporate transactions.
Alex writes and speaks frequently regarding government contracting issues. He is a co-chair of the American Bar Association (ABA) Public Contract Law Section Procurement Fraud and False Claims Committee. He is also a contributing editor of the second edition of The False Claims Act and Government Contracts published by the ABA Public Contract Law Section.
Education & Credentials
Education
- The George Washington University Law School, J.D., with high honors
- University of Wisconsin, B.A., with honors in Political Science
Bar and Court Admissions
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District of Columbia
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New York
- U.S. Court of Federal Claims
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. District Court for the District of Columbia
Related Employment
- The George Washington University Law School, Performance of Government Contracts, Adjunct Professor
- U.S. Department of Justice – Civil Division, Commercial Litigation Branch, National Courts Section, 2013-2019
- Covington & Burling LLP, 2007-2013
Clerkships
- Hon. Robert G. Doumar, U.S. District Court for the Eastern District of Virginia
Impact
Professional Leadership
- American Bar Association, Public Contract Law Section, Public Contract Law Section Council, Past Member; Contracts Claims & Disputes Resolution Committee, Vice Chair; Bid Protest Committee, Member; Procurement Fraud & False Claims Committee, Co-Chair; Cybersecurity, Privacy, and Data Protection Committee, Vice Chair
- U.S. Court of Federal Claims Bar Association, Member
- Federal Bar Association, Qui Tam Section, Member; Education Committee, Member
- The Procurement Lawyer (ABA Public Contract Law Section), Executive Editor, August 2021-present; Associate Editor, 2019-2021
- Federal Circuit Bar Association, Vice Chair, Government Contracts Committee
- Court of Federal Claims Bar Association, Contributing Editor of Inside 717 publication, 2017-2019
- D.C. Bar Association Government Contracts Community, Steering Committee Co-Chair, 2019-2021
Insights
News
Professional Experience
Litigation, Investigations, and Dispute Resolution
Government Investigations and False Claims Act Matters
- First-chaired a five-day trial involving False Claims Act (FCA) and other fraud-related claims in a case arising out of prime and subcontractor pass-through claims alleging delays and breaches of contract concerning an Army Corps of Engineers construction project.*
- Represent a healthcare company in a government FCA investigation and qui tam lawsuit related to federal insurance programs.
- Represent a defense contractor in an internal investigation regarding FCA issues.
- Represent a government contractor in an investigation conducted by an agency Office of Inspector General.
- Represent a healthcare device manufacturer in a government FCA investigation.
- Advise an aerospace/defense contractor regarding FCA matters and related contract and disclosure obligations.
Contract Claims, Disputes, and Commercial Litigation
- Represent a government services contractor in prime-subcontractor dispute before U.S. District Court for the Eastern District of Virginia and AAA arbitration.
- Represent company in breach of contract action against the United States. (Silver State Land LLC v. United States, Court of Federal Claims No. 19-688).
- Served as lead counsel in successful defense of the United States against alleged breaches of contract in the U.S. Court of Federal Claims related to a government criminal investigation and prosecution.*
- Successfully defended the government in a class action lawsuit in the U.S. Court of Federal Claims brought by Federal Bureau of Investigation (FBI) police officers.*
- First-chaired a seven-day trial in a consolidated action brought by federal employees seeking overtime pay.*
Bid Protest Litigation
- Successfully defended the Coast Guard’s $3 billion award to Austal USA for construction of Offshore Patrol Cutters. Eastern Shipbuilding Group, Inc. v. United States, No. 22-1571C (Court of Federal Claims, December 14, 2023).
- Represent intervenor-awardee in a bid protest before the Government Accountability Office arising out of National Aeronautics and Space Administration (NASA) small business contract for mechanical engineering and other services. (ATA Aerospace, LLC, B-419962.2, B-419962.3)
- Successfully represented a defense contractor’s award of a $558 million contract to provide base support services to the U.S. Air Force in Africa and Europe. Defended against back-to-back protests before U.S. Government Accountability Office (GAO) and the U.S. Court of Federal Claims. (Vectrus Sys. Corp. v. United States, Fed. Cl. 20-2053 C, Vectrus Sys. Corp., B-419143, Dec. 23, 2020)
- Defended KBR, Inc. in successive bid protests arising out of the U.S. Army’s Logistics Civil Augmentation Program (LOGCAP) V before the GAO and U.S. Court of Federal Claims. (DynCorp International, LLC, B-417506.10, DynCorp International, LLC v. United States, Case No. 19-1133C, et al.)
- Represented a company in a bid protest defense before the Government Accountability Office with respect to a Naval Air Warfare Center contract for cyber warfighting support services.
- Successfully defended the United States before the U.S. Court of Federal Claims and U.S. Court of Appeals for the Federal Circuit in a post-award bid protest contesting a Navy commercial-item contract for moving and storage services for personnel at Guantanamo Bay, Cuba.*
- Successfully defended the Navy’s $160 million contract to modify and operate a vessel to be used by the U.S. Special Operations Command to support national security missions in a bid protest concerning cost realism analysis and adequacy of corrective action.*
- Successfully represented the United States in a software company’s protest challenging an agency’s procurement.*
- Lead counsel on behalf of the United States in a bid protest reviewing agency’s corrective action and justification for a $3.6 million sole-source bridge contract award to obtain information technology services.*
- Defended the United States in a post-award bid protest against the award of a firm, fixed-price, indefinite delivery/indefinite quantity contract to provide equipment for use in fire-fighting operations.*
*Prior experience
Regulatory and Government Contracts Counseling
- Counsel defense contractors with respect to cybersecurity requirements under Defense Federal Acquisition Regulation (FAR) Supplement 252.204-7012 and other FAR/Defense Federal Acquisition Supplement (DFARS) clauses, as well as emerging regulatory requirements related to cybersecurity/government contracting (Cybersecurity Maturity Model Certification (CMMC), etc.)
- Advise technology company with respect to FedRAMP cloud computing security requirements and risk mitigation.
- Counsel contractors related to flow-down subcontracting issues pertaining to cybersecurity.
- Advise contractors with respect to protection of company information against disclosure under the Freedom of Information Act.
- Advise a subcontractor with respect to Buy American Act compliance issues.
- Advise companies with respect to protection of IP and data rights related to government contracts.
- Counsel companies with respect to compliance with Section 889 of the FY 2019 National Defense Authorization Act related to telecommunications equipment and services.
- Counsel a government contractor with respect to intellectual property and data rights licensing issues in connection with AI/machine learning technology.
- Advise a small business in the aerospace sector with respect to federal contract compliance matters.
- Represent companies in connection with eligibility issues and enforcement risk mitigation in relation to Paycheck Protection Program (PPP) small business loans.
- Advise companies with respect to suspension and debarment matters.
- Represent a quantum computing company with respect to government contracts and Committee on Foreign Investment in the United States matters in connection with an investment transaction.
Transactional Matters
- Represent a Fortune 100 company in acquisition diligence of government contracts.
- Conduct diligence on government contracts matters related to a potential transaction involving a defense contractor, including with respect to government data rights related to software.
- Represent a public company in government contracts-related matters in connection with the sale of the company.