Cherie J.Owen

Of Counsel

Washington + 1.202.879.3996

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Cherie Owen counsels and represents clients in a wide array of government contracts issues, with a special focus on bid protests at the United States Government Accountability Office (GAO) and the United States Court of Federal Claims (COFC). As a former GAO bid protest hearing officer, she resolved some of the most challenging bid protests on procurements ranging from thousands to billions of dollars involving solicitation challenges, proposal evaluation challenges, organizational conflicts of interest, Procurement Integrity Act (PIA) violations, affirmative responsibility determinations, the conduct of discussions, and competitive range determinations. In this role, Cherie held numerous bid protest hearings, conducted alternative dispute resolution (ADR), and drafted bid protest decisions. At GAO she handled more than 600 protests and issued more than 500 decisions.

After serving for several years as a GAO bid protest hearing officer, Cherie was promoted to the position of Deputy Assistant General Counsel for Procurement Law and eventually Acting Assistant General Counsel for Procurement Law. In this role, she supervised a team of GAO bid protest hearing officers. Cherie also served as a judge on the GAO Contract Appeals Board, where she resolved appeals of contracting officers' final decisions regarding contract claims for legislative branch agencies.

Cherie is a thought leader on topics relating to bid protests and agencies' use of their Other Transaction Authority (OTA) and holds several leadership roles in the ABA Public Contract Law Section. She also maintains an active pro bono practice, representing clients in asylum proceedings before U.S. Immigration Courts.

Experience

  • Medical equipment company responds to U.S. federal RFI, develops global strategy for responding to requests for specialized medical equipment in response to COVID-19 pandemicJones Day advised a medical equipment company in their response to a U.S. federal RFI for specialized medical equipment in response to the COVID-19 pandemic, in development of a global strategy regarding response to multiple state and country requests for specialized medical equipment, and in related antitrust and regulatory issues.
  • Law enforcement training facility successfully protests U.S. Department of State's contract award before GAOJones Day represented a woman-owned, full service training facility and supplier of canines for law enforcement and security work before the U.S. Government Accountability Office (GAO) in protesting the U.S. Department of State's award of a contract for training and exportation of canines to Mexico.
  • Global Knowledge Training prevails against incumbent contractor in GAO protestOn behalf of Global Knowledge Training, LLC, Jones Day successfully intervened and defended against a protest brought by the incumbent contractor challenging a General Services Administration's ("GSA") award to Global Knowledge of a multi-million dollar information technology training contract to support the U.S. Army Europe ("USAREUR").
  • Technology solutions and managed services provider obtains agency corrective action and subsequent contract award in bid protestJones Day represented a Fortune 500 technology solutions and managed services provider before the U.S. Government Accountability Office (GAO) in protesting the U.S. Navy's award of multiple indefinite-delivery, indefinite-quantity contracts to provide financial improvement and audit readiness support services.
  • ARxIUM obtains court order overturning Government Accountability Office decisionJones Day successfully represented ARxIUM, Inc., a leading developer and manufacturer of pharmacy automation, workflow, and consulting solutions, in its bid protest before the U.S. Court of Federal Claims.
  • Leading relocation management software provider prevails in agency level protestJones Day successfully represented a leading relocation management software solutions provider in an agency-level protest of the government’s notice, published in FedBizOpps, of a sole source award to a competitor.
  • Medical products provider successfully obtains agency corrective action in bid protest challenging medical products awardJones Day represented a medical products provider in a Government Accountability Office (GAO) bid protest challenging the U.S. Department of Veterans Affairs' improper award of a contract for durable medical equipment, and successfully obtained agency corrective action in response to the protest.
  • Service Disabled Veteran Owned Small Business (SDVOSB) resolves subcontract disputeJones Day successfully advised a Service Disabled Veteran Owned Small Business (SDVOSB) information technology company in a subcontract dispute with its prime contractor regarding a federal IT services project.
  • IT provider prevails in agency-level protestJones Day successfully represented a leading application networking, load balancing and DDoS protection solutions provider in an agency-level protest of a task order competition conducted by the Defense Information Systems Agency.
  • Leading technology and digital services provider avoids termination for defaultJones Day successfully represented a leading technology and digital services provider regarding a Show Cause Notice received from, and potential contract disputes with, its government customer.
  • Medical products provider successfully protests improper contract awardJones Day filed a Government Accountability Office (GAO) protest on behalf of a medical products provider challenging the VA’s improper award of a contract for medical equipment.
  • Global medical device manufacturer obtains advice relating to Commercial Sales Practices dataJones Day provided advice to a global medical device manufacturer in connection with a government request that the client provide Commercial Sales Practices (CSP) and other pricing data related to a reseller’s attempt to obtain a Federal Supply Schedule contract.
  • Multinational technology and innovation company successfully defends against protest of a multi-million dollar contract award by Army relating to cloud computingJones Day successfully represented a leading multinational technology and innovation company in defending against a Government Accountability Office (GAO) protest.
  • Medical products provider obtains corrective action after successfully protesting VA contract awardJones Day filed a Government Accountability Office (GAO) protest on behalf of a medical products provider challenging the VA's award of a contract for medical equipment.
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    October 2020 Commentaries

    DOD Implements New Cybersecurity Requirements with Interim Rule

    August 2020 Commentaries

    Government Contracts: GAO Issues Rare Decision Sustaining Corrective Action Challenge

    August 2020 Commentaries

    Government Contracts: Company's Key Personnel Rendered “Unavailable” Because of Denied Security Clearance

    February 2020 Commentaries

    OT Protesters Looking for a Place to Land

    November 2019 Commentaries

    Government Contracts: GAO's 2019 Bid Protest Report to Congress Highlights Protest Effectiveness

    September 2019 Commentaries

    Government Contracts: Court of Federal Claims Finds No Jurisdiction Over SpaceX's OTA Protest

    March 2019 Commentaries

    Government Contracts: GAO Addresses Reliance on Experience of Partners, Teammates, and Subcontractors

    December 2018 Commentaries

    GAO’s Bid Protest Report Shows Fewer Sustains and Hearings, Lower Effectiveness Rate

    November 2018 Commentaries

    GAO Says Strict Compliance with Buy American Act Exception Requirements Not Necessary

    April 2018 Commentaries

    GAO Protests: Get Ready, The Electronic Protest Docketing System Has Finally Arrived
    View All

    Additional Publications

    Publications Prior to Jones Day

    2014
    Alternative Dispute Resolution: A Practical Guide for Resolving Government Contract Controversies, coauthor, ABA Book Publishing (3rd ed. 2014)

    Speaking Engagements

    • July 29, 2019
      OTAs and Intellectual Property: Hot Topics and New Developments; NCMA World Congress
    • May 9, 2019
      Ten Things You Need to Know About Other Transaction Agreements (OTAs)
    • April 26, 2019
      How to Price Your Services and Products for the Government Market
    • April 9, 2019
      Cost Analysis in Government Contracts; Public Contracting Institute
    • December 6, 2018
      Speaker, The Acquisition of Federal Information Technology (Session 6): What U.S. Contractors Need to Know About European Cybersecurity and Privacy Regulations (and IT Case Law Developments); Public Contracting Institute
    • May 2018
      Understanding the Truth in Negotiations Act and Commercial Items
    • April 17, 2018
      Panelist, Oral Advocacy in Bid Protests: A Discussion of Oral Arguments at COFC and Hearings at GAO, ABA PCLS Bid Protest Committee Meeting
    • January 12, 2018
      Hot Topics and Trends In Bid Protest Practice and Procedure, ABA Live Webinar
    • November 17, 2017
      Introduction to Bid Protests, ABA Live Webinar
    • September 19, 2017
      Back to School: Protest Musings and Updates From Your Co-Chairs, American Bar Association Public Contract Law Section's Bid Protest Committee Lunch and Meeting
    • July 18,2017
      Ask the GAO, American Bar Association Public Contract Law Section's Bid Protest Committee Lunch and Meeting
    • May 3, 2017
      Practice Pointers for Litigating Before the Boards, BCABA Trial Practice Seminar
    • April 26, 2017
      Bid Protests and Solicitation Ambiguities, Federal Circuit Bar Association's Government Contracting Summit
    • April 6, 2017
      Proposal Evaluations: Cost Realism Evaluations, PCI Webinar
    • April 5, 2017
      The Most Important Bid Protest Decisions of 2016, ABA Webinar
    • December 12, 2016
      GAO Bid Protests: Insights from an Insider, National Contract Management Association 35th Annual Government Contract Management Symposium
    • November 29, 2016
      Speak Up! Roundtable on Speaking and CLE-Instructor Opportunities, National Asian Pacific American Bar Association-DC
    • November 15, 2016
      Cost and Pricing Issues in Bid Protests, American Bar Association, Section of Public Contract Law, Bid Protest Committee

    Speaking Engagements Prior to Jones Day

    2012-2016
    CON 360 - Advanced Business Solutions for Mission Support, VA Acquisition Academy, (regular guest lecturer - approximately 6 times per year)
    Frederick, Maryland

    June 2016
    Bid Protest Year in Review, District of Columbia Bar Association, Government Contracts Section
    Washington, D.C.

    May 2016
    Sole Source Contracts, National Contract Management Association, D.C. Chapter
    Washington, D.C.

    April 2016
    Remedies, American Bar Association, Section of Public Contract Law, Bid Protest Committee
    Washington, D.C.

    April 2016
    The State of the Court of Federal Claims and the Boards of Contract Appeals: Perspectives from Those Tribunals, Judicial Conference of the United States Court of Appeals for the Federal Circuit
    Washington, D.C.

    March 2016
    Sole Source Contracts, National Defense Industrial Association, Manufacturing Division
    Washington, D.C.

    December 2015
    GAO Bid Protests: Insights from an Insider, National Contract Management Association 34th Annual Government Contract Management Symposium
    Washington, D.C.

    October 2015
    Source Selection Authority and Award Types, Public Contracting Institute
    Webinar

    September 2015
    GAO Bid Protests, guest lacturer, George Washington University Law School
    Washington, D.C.

    July 2015
    Bid Protests: Insights from an Insider, National Contract Management Association World Congress 2015
    Dallas, Texas

    July 2015
    Ask the GAO, American Bar Association, Section of Public Contract Law, Bid Protest Committee
    Washington, D.C.

    July 2015
    Speed Networking with the Judges, Boards of Contract Appeals Bar Association
    Washington, D.C.

    June 2015
    Lunch Q&A with GAO Attorneys, American Bar Association, Section of Public Contract Law, Young Lawyers Committee
    Washington, D.C.

    May 2015
    GAO Bid Protest Hot Topics, Federal Housing Finance Agency
    Washington, D.C.

    April 2015
    Sole Source Contracts, National Contract Management Association, Tysons Chapter
    Arlington, Virginia

    July 2014
    Ask the Experts (Bid Protests), National Contract Management Association, D.C. Chapter
    Washington, D.C.

    June 2013
    Protective Orders, American Bar Association, Section of Public Contract Law, Small Business Committee meeting

    November 2013
    GAO Bid Protest Overview, Federal Bar Association, Forty-First Annual Symposium on Government Acquisition
    Huntsville, Alabama

    October 2012
    Timeliness, American Bar Association, Section of Public Contract Law, Bid Protest Committee meeting
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