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Stuart ("Stu") B. Nibley

Partner
+1.202.778.9428
Fax +1.202.778.9100

Stuart (“Stu”) Nibley is a partner in the firm’s Washington, D.C. office and focuses his practice on both counseling and dispute resolution on behalf of government contractors. His experience includes representation of defense and civilian contractors before Boards of Contract Appeals, federal and state courts, administrative agencies, and international arbitration forums relative to all aspects of the procurement process, from contract negotiation and proposal preparation through claims and dispute resolution.

Mr. Nibley has particular experience in representing clients in pursuing and defending bid protests; preparing, litigating, and resolving claims against the government and disputes between prime contractors and subcontractors; and assisting clients with government contracts compliance work, including internal investigations, mandatory and voluntary disclosures, and enhancement of contractor internal compliance procedures. He also has represented major U.S. government contractors in significant international arbitrations.

Mr. Nibley recently concluded his term as Chair of the American Bar Association’s Section of Public Contract Law.

Professional Background

Prior to joining K&L Gates, Mr. Nibley was a partner in the government contracts practice of a Washington, D.C. law firm. From 2002 to 2004, he was an educator and coach at the Landon School in Bethesda, MD. Mr. Nibley was an attorney in the Washington, D.C. office of a nationwide firm from 1979 to 2002, where he served as chair of the Government Contracts Group for 15 years.

Achievements

  • Chambers USA: America’s Leading Lawyers for Business in the area of Government Contracts
    • 2015, peer/client quotes -- “very engaging and cordial”; “well connected” and has “a strong relationship with the administrative judges”
    • 2014, peer/client quotes — “detailed in his preparation, effective at leveraging relationships and a skillful communicator”
    • 2013 peer/client quotes — “great skill in representing civilian and defense contractors”; “incredibly knowledgeable”
    • 2012, peer/client quotes — “capable, honest and likeable”
    • 2011, peer/client quotes — a “smart and dynamic litigator”
    • 2010, peer/client quotes — a “skillful communicator” noted for his “strong experience of government contracts claims, disputes and international arbitration matters”
    • 2009, peer/client quotes — “tireless and energetic”
    • 2008, peer/client quotes — “responsive and dynamic”
    • 2007, peer/client quotes — “a smart lawyer who is great at presentation”
    • 2006, peer/client quotes — “young and very capable” with “a great sense of humor”
  • Elected Fellow of the American Bar Foundation (2010)
  • Super Lawyers, 2014-2016
  • Washington Post Top Washington DC Lawyers, 2015-2016
  • Wall Street Journal Top Lawyers, 2015
  • Who’s Who, U.S. Government Contracts, and International (2009-present)

Mr. Nibley also maintains the highest peer rating (“AV”) by Martindale-Hubbell.

Mr. Nibley also maintains a TS/SCI security clearance.

Professional/Civic Activities

American Bar Association, Public Contract Law Section

  • Past Section Chair (August 2015-present)
  • Section Chair (August 2014-August 2015)
  • Section Vice Chair and Chair Elect (August 2012-August 2014)
  • Co-Chair, Federal Procurement Division (August 2015-present)
  • Co-Chair, Section Annual Education Programs (2016-present)
  • Co-Chair, Bid Protest Committee (2011-2014), Vice Chair currently
  • Member and Co-Author, Task Force On Best Practices For Mandatory Disclosure
  • Co-Chair, Contract Claims and Disputes Resolution Committee (2006-2011), Vice Chair presently
  • Chair, General Interest Division (2008-2011)
  • Co-Chair, 2011 (Toronto) and 2009 (Chicago) Annual Meeting Educational Programs
  • Vice Chair, Procurement Fraud Committee (2012-present)
  • Chair, Task Force Preparing A Comprehensive Study of Practice Before The Boards of Contract Appeals (2006-2008)
  • Mentor, Section Scholarship Program (2009-2011)
  • Co-Chair, Privatization and Outsourcing Committee (2006-2009)

U.S. Court of Federal Claims Advisory Council

  • Appointed Member, Bid Protests and Claims Committee (2014-present)

National Defense Industrial Association

  • Member, Procurement Planning Committee (1990-present)
  • Chair, Legal Subcommittee (1986-1990)

National Contract Management Association

  • Executive Advisory Council (2011-2014; 1998-2002)

Thomson Reuters West Publications

  • Board of Advisors, The Government Contractor (2004-present)
  • Speaker, Government Contracts Year In Review Annual Conference (1996-present)

Law 360 Government Contracts Publication

  • Board of Advisors (2014-present)

PubKlaw Publication

  • Board of Advisors (2015-present)

BNA Publications

  • Board of Advisors, Federal Contracts Report (1987-2001)

Community Involvement

Mr. Nibley has also served in the following roles:

  • Co-Program Head Coach and Skills Development, Special Olympics Montgomery County Youth Basketball (2007-present)
  • Evaluator, Pennsylvania State Special Olympics Games
  • Volunteer play-by-play announcer, Operation Smile (medical charity for youth facial surgery) and Landon School’s Annual Celebrity Basketball Game (2007-present)
  • Speaker/discussion leader, “Perspective and Motivation,” National Youth Leadership Conference (June 2008 – 2012)
  • Washington & Lee University School of Law, Law Council (2016-Present)

Speaking Engagements

Mr. Nibley is a frequent panelist and speaker regarding government contracts law matters at industry bar meetings and conferences. He has prepared articles or papers for most of the presentations listed below.

  • Moderator, "Corrective Action, Focusing Primarily on In-House and Agency Perspectives," ABA Bid Protest Committee (December 7, 2016)
  • Speaker, “Mandatory Disclosure For Government Contractors,” Thomson Reuters West Government Contracts Year In Review Conference, Omni Shoreham Washington DC (February 19, 2016)
  • Panel Chair, “The Most Important Government Contracts Related Decisions of 2015,” ABA Public Contract Law Section Contract Claims and Dispute Resolution Committee Meeting and National Webcast (January 2016)
  • Panel Chair, “Statutes and Regulations”, 1st Annual PubKLaw Government Contracts Year In Review Program, National Press Club, Washington DC (October 15, 2015)
  • Two Part Q&A With PubKlaw’s Annual Review Panelists: K&L Gates’ Stu Nibley, PubKlaw Online Publication (July 27 and Aug 3, 2015)
  • Discussion Leader, “Current Key Legal Issues In Government Contracting,” The Procurement Roundtable, George Washington University School of Law (March 2015)
  • Speaker, “Mandatory Disclosure For Government Contractors,” Thomson Reuters West Government Contracts Year In Review Conference, Omni Shoreham Washington DC (February 21, 2015)
  • Panel Chair, “The Most Important Government Contracts Related Decisions of 2014,” ABA Public Contract Law Section Contract Claims and Dispute Resolution Committee Meeting and National Webcast (January 2015)
  • Speaker, “The Implied Duty of Good Faith And Fair Dealing,” The Federal Circuit Bar Association Government Contracting Summit, United States Court of Appeals for the Federal Circuit (April 28, 2015)
  • Moderator, “Nuances of Override Decisions Issued By The Court of Federal Claims,” ABA Bid Protest Committee (May 21, 2013)
  • Speaker, “Recordkeeping and Imaging in an Era of DCAA Backlog: Revisiting How Long to Retain Records, and Whether or Not to Change Your Timeline, Policies and Procedures,” American Conference Institute’s 4th Annual Advanced Forum on Government Contract Cost & Pricing (April 17-18, 2013)
  • Speaker, “Mandatory Disclosure,” Thomson Reuters West Government Contracts Year In Review Conference, Washington, DC (February 22, 2013)
  • Moderator, “The Most Important Government Contract-Related Decisions of 2012,” (December 5, 2012); ABACLE Webinar, Washington, DC (January 19, 2013)
  • Speaker, “The Government Contracts Version of Frankenstorm: Sequestration,” Greater Washington Society of Certified Public Accountants Seminar – Current Issues In Government Contracting (November 1, 2012)
  • Moderator, “Back To School: Bid Protest Decisions Issued, Summer 2012,” ABA Bid Protest Committee (September 19, 2012)
  • Moderator, “The Perfect Storm: Weathering the U.S. Government’s Intensified Enforcement Initiatives,” ABA Section of Public Contract Law Federal Procurement Institute, Annapolis, MD (March 22, 2012)
  • Speaker, “The Status of the Mandatory Disclosure Program,” Annual Educational Conference of the National Defense Industrial Association, Williamsburg, VA (March 28, 2011)
  • Chair, Panel, “The Most Important Government Contracts Decisions in 2010,” ABA Contract Claims and Disputes Resolution Committee (November 8, 2010, and subsequent webcast January 13, 2011)
  • Moderator, “Bid Protest Record,” ABA Public Contract Law Section Bid Protest Committee Meeting (April 20, 2010)
  • Panel Chair, “The Most Important Government Contracts-Related Decisions of 2009,” ABA CLE Program (February 24, 2010)
  • Speaker, “Mandatory Disclosure,” Thomson Reuters West Government Contracts Year in Review Conference (February 19, 2010)
  • Panel Chair, “Litigating Government Claims Against Contractors,” ABA Contract Claims and Disputes Resolution Committee (September 9, 2009)
  • Co-Chair, “New Realities For The Procurement Community In the Electronic Age And Combating Global Corruption,” ABA Annual Meeting Education Program, Public Contract Law Section, Chicago, Illinois (July 31-August 3, 2009)
  • Speaker, “Government Contracting For Unexpected Events: War, Terrorism, Extreme Weather,” Thomson West Publishing’s Annual Government Contracts Year-In-Review Conference (February 20, 2009)
  • Panel Chair, “The 5 Most Important Government Contracts Decisions Of 2008 Presented By Some Of The Most Experienced Members Of The Bar,” ABA PCLS Contract Claims and Disputes Resolution Committee (January 14, 2009) and subsequent webcast (February 12, 2009)
  • Speaker, “The Most Important Government Contracts Related Decisions Issued In The Past Year And A Half,” Washington Metropolitan Area Corporate Counsel Association (December 9, 2008)
  • Panel Chair, “The State of The Boards of Contract Appeals Presented By Board Chairs and Vice Chairs,” ABA PCLS Joint Committee Presentation (December 3, 2008)
  • Panel Chair, “The 5 Most Important Government Contracts Decisions Of 2008 Presented By Some Of The Most Experienced Members Of The Bar,” ABA PCLS Contract Claims and Disputes Resolution Committee (January 2008) and subsequent webcast (February 22, 2008)
  • Panel Chair, “The Most Important Government Contracts Related Cases in 2007,” ABA Webcast and Contracts Claims and Disputes Committee (January/February 2008)
  • Speaker, “Government Contracting For Unexpected Events: War, Terrorism, Extreme Weather,” Thomson West Publishing’s Annual Government Contracts Year-In-Review Conference (February 29, 2008)
  • Panel Chair, “Common Errors in Evaluation of Proposals,” ABA Section of Public Contract Law Bid Protest Committee Presentation (November 2007)
  • Speaker, “Pushing the Envelope: Legal Ethics at Work in Practice Before the Boards of Contract Appeals,” Annual Boards of Contract Appeals Bar Association Educational Conference (October 2007)
  • Panel Chair, “Avoiding and Prevailing in Claims Disputes,” Government Contract Compliance for Commercial Companies, American Conference Institute (October 2007)
  • Speaker, “Disputes in Major Acquisitions,” U.S. Air Force Corporate Counsel Day (Industry and Air Force Counsel) (June 2007)
  • Panel Chair, “The Service Contract Act and Government Contracts for Commercial Services,” Government Contract Compliance for Commercial Companies (March 2007)
  • Panel Chair, “Government Contract Claims and Government Allegations of Fraud: The Expanding Litigation Battlefield,” ABA Section of Public Contract Law and ABA Continuing Legal Education Center Webcast (March 2007)
  • Speaker, “Ethical Issues: Recent Developments in Federal False Claims Act Decisions,” The Thelen Reid Construction Summit (March 2007)
  • Panel Chair, “When Professional Responsibility Becomes More Than Just Theory – Making Attorney Ethics Real: Professional Responsibility and the Revolving Door; Professional Responsibility and In-House Dilemmas; Professional Responsibility and Trial Practice,” ABA/NCMA Section of Public Contract Law 13th Annual Federal Procurement Institute (March 2007)
  • Speaker, “Contingency and Department of Homeland Security Contracting,” Thomson West Publishing’s Annual Government Contracts Year-In-Review Conference (February 2007)
  • Panel Chair, “Using and Complying with Bid Protest Protective Orders,” ABA Section of Public Contract Law Bid Protest Committee Presentation (January 2007)
  • Panel Chair, “The Expanding Litigation Battlefield – False or Inaccurate Contractor Estimates as Bases for Government Fraud of False Claim Counterclaims,” ABA Public Contract Law Section Contract Claims and Dispute Resolution Committee (December 2006)
  • Speaker, “Katrina Recovery and Contingency Contracting,” 45th National Seminar on Government Contracts (October 2006)
  • Speaker, “Current Tips for Practicing Before the Boards of Contract Appeals and the Status of Board Consolidation,” Annual BCA Judges Reception Sponsored by the District of Columbia Bar Government Contracts and Litigation Section (May 2006)
  • Panel Chair, “The Impact of Congress on A-76 Procurements,” The National Council for Public-Private Partnerships and the ABA Section of Public Contract Law (May 2006)
  • Panel Chair, “Jamming the Revolving Door, Making it More Efficient, or Simply Making it Spin Faster: How is the Federal Acquisition Community Reacting to the Darleen Druyun and Other Recent Ethics Scandals?” ACI Second National Forum on Defense Industry Compliance: Staying Compliant and Competitive in a Highly Scrutinized Environment (March 2006)
  • Speaker, “Current Developments in Government Contracts Ethics Issues,” National Defense Industrial Association Education Conference (March 2006)
  • Speaker, “Ethical Issues: Recent Developments in Civil False Claims Cases – Prime Contractor Pay Requests Under Fixed Price Construction Contracts and Retainage and Withholding from Subcontractors,” Advanced Construction Law Institute (March 2006)
  • Speaker, “Unraveling the Mixed Messages Government Procurement Personnel Receive (The Presumption of Good Faith): Message 1 – Act Absolutely in the Government’s ‘Best Interests’; Message 2 – Act ‘Ethically’,” 12th Annual Procurement Law Institute, ABA Public Contract Law Section (March 2006)
  • Speaker, “Emergency Contracting at Home (Katrina Recovery) and Abroad (Iraq Rebuilding),” Thomson-West Publishing’s Annual Government Contracts Year-in-Review Conference (February 2006)
  • Panel Chair, “Improving the Government Contracts Dispute Process,” National Defense Industrial Association Annual Education Conference (March 2005)
  • Speaker, “The Governmental Administrative Hammer: Suspension and Disbarment from Federal, State, and Local Contracting and from Participating in Certain Governmental Programs,” Thelen Reid & Priest LLP Business CLE (February 2005)
  • Speaker, “Government Contracting Risks: New Potholes on the Road to Profitability,” ABA/NCMA 11th Annual Procurement Institute (February 2005)
  • Panel Chair, “Managing Sensitive Information After 9/11, The Contracting Challenges of Combating Nuclear, Biological, and Chemical Threats,” American Bar Association (May 2002)
  • Speaker, “New Directions in Competitive Sourcing: An Evaluation of the Report of the Commercial Activities Panel (A-76),” American Bar Association and National Coalition for Public-Private Partnerships (May 2002)
  • Keynote Speaker, “The Use of New Technologies in Commercial Arbitration – A Practical Example of an ‘Electronic File’,” Deutsche Institute Fur Schiedsgerichtsbarkeit E.V. (German Arbitration Institute) (April 2002)
  • Speaker, “The Defense Production Act: A Powerful, But Enigmatic, Tool, Contracting in a Time of Conflict,” American Bar Association/NCMA, Federal Procurement Institute (February 2002)
  • Speaker, “International Government Procurement – Issues in Risk Analysis and Cost Containment,” International Bar Association, Construction Committee (October 2001)
  • Featured Speaker, “21st Century Technology in International Commercial Arbitration,” London Court of International Arbitration (May 2001)
  • Panel Chair, “Acquisition Evolution in Federal Purchasing: Dr. Jekyll or Mr. Hyde?” Annual Conference of the Procurement Committee of the National Defense Security Industrial Association (January 2001)
  • Speaker, “Applying New Management Principles to Government Procurement,” Pikes Peak Chapter of NCMA (April 2000)
  • Keynote Speaker, “Major Legal Issues for Government Contractors,” U.S. Army Procurement Legal Conference, Judge Advocate General School, Charlottesville, VA (January 2000)
  • Panel Chair, “New and Revised Procurement Techniques,” Annual Federal Procurement Institute, American Bar Association, Section of Public Contract Law (February 1999)
  • Panel Chair, “Acquisition Reform in Federal Contracting: Movement or Stagnation?” National Defense Industrial Association (October 1998)
  • Lecturer, Federal Publications and West Publishing Compliance Seminars and Government Contracts Year-In-Review Conferences (1998 – 2001)
  • Panel Chair, “Whistleblower Protection Under the False Claims Act: Legal Issues, Compliance and Practical Strategies,” American Bar Association, Section of Public Contract Law, Annual Meeting (August 1996)
  • Speaker, “Environmental Issues for Government Contractors,” National Contract Management Association, Fall Educational Conference (October 1992)
  • Speaker, “Qui Tam – A Case Study,” NSIA Procurement Committee Annual Winter Meeting (February 1991)
  • Speaker, “DOD – Industry Relations,” 29th and 30th Annual Review Conferences of the Board of Trustees and Executive Committee of the NSIA (June 1990-1994)
  • Speaker, “Trying to Force a Wolf to Don Sheep’s Clothing: Enhancing Government Access to Commercial Products and Buying Procedures,” National Security Industrial Association Annual Meeting (February 1990)

Publications

  • Co-Author (with Sheila Armstrong), “The Government’s Exercise of Options,” Briefing Papers (July 2013)
  • Author, "Let the Government Contract: The Sovereign Has the Right, and Good Reason to, Shed Its Sovereignty When It Contracts," Public Contract Law Journal (Fall 2012)
  • Author, “Sequestration: Competition and Compliance Risks Intensify For Most U.S. Government Contractors,” K&L Gates Global Government Solutions 2013: Annual Outlook (January 2013)
  • “WMACCA Government Contractors Forum: Mandatory Disclosure – A Year And a Half Later Navigating Through The Thicket of Thorny Issues” Washington Metropolitan Area Corporate Counsel Association (September 2011), by Stuart B. Nibley
  • “The Protest Record – what should be in; what should be out?” Thomson Reuters West Government Contractor (June 2010), by Stuart B. Nibley (co-author with Amba Datta)
  • “Daewoo Engineering – A Cautionary Tale,” Dickstein Shapiro Government Contracts Alert (Spring 2009), by Stuart B. Nibley (co-author with Pablo Nichols)
  • “New FAR Contractor Business Ethics Compliance Program and Mandatory Disclosure Requirements,” Dickstein Shapiro LLP Government Contracts Alert (Fall 2008), by Stuart B. Nibley (co-author with Robert Moss)
  • “Protesting Significant ID/IQ Task And Delivery Orders: An Evolving Right,” Dickstein Shapiro LLP Government Contracts Alert (Fall 2008), by Stuart B. Nibley (co-author withMichael Mateer)
  • “A Level Playing Field: In Enacting the Contract Disputes Act, Congress Intended That the Boards of Contract Appeals Would Have Subpoena Power Over Both Contractors and the Government,” Procurement Law Journal, ABA Section of Public Contract Law (August 2007), by Stuart B. Nibley (co-author with Thomas L. McGovern III and Daniel P. Graham)
  • “Unraveling the Mixed Messages Government Procurement Personnel Receive (The Presumption of Good Faith): Message 1 – Act Absolutely in the Government’s ‘Best Interests’; Message 2 – Act ‘Ethically’,” Procurement Law Journal, ABA Section of Public Contract Law (Fall 2006), by Stuart B. Nibley
  • “Defense Production Act Speeds Up Wartime Purchases,” National Defense Magazine (June 2006), by Stuart B. Nibley
  • “Companies Called Up, The Defense Production Act: An Old and Rusty Procurement Tool is Now Seeing Considerable Action,” Legal Times (April 2002), by Stuart B. Nibley
  • “Forming Strategic Alliances,” Contract Management Magazine (NCMA) (December 2001), by Stuart B. Nibley (co-author with Joseph Dyer)
  • “Affirmative Action: The New Rules,” Contract Management (May 2001), by Stuart B. Nibley (co-author with Joseph Dyer)
  • “Cost Issues in the A-76 Process: Comparing Apples to Apples,” Government Contract Audit Report (April 2001), by Stuart B. Nibley (co-author with Joseph Dyer)
  • “Think Globally: International Ventures Will Lead Contractors to More International Arbitration,” Legal Times (March 5, 2001), by Stuart B. Nibley
  • “Disputes for Government Contractors,” West Publishing (February 2001), by Stuart B. Nibley
  • “Protesting Orders Under Federal Supply Schedule and Multiple Award Contracts,” Government Contract Audit Report (May 2000), by Stuart B. Nibley (co-author with Michael Garson)
  • “Just a Little Oversight: Calls for More Review Suggest We’re Not Ready for Laissez-Faire Government,” Legal Times (March 2000), by Stuart B. Nibley (co-author with Michael Garson)
  • “The Government Contract Compliance Handbook,” West Publishing (1998-2002), by Stuart B. Nibley (co-author)
  • “The Clash Between Procurement Reform and Enhanced Competition,” Government Contract Audit Report (October 1997), by Stuart B. Nibley (co-author with Michael Garson)
  • “Post-Award Bid Protests at the U.S. Court of Federal Claims,” American Bar Association, Section of Public Contract Law (1997), by Stuart B. Nibley (author and co-editor of Monograph)
  • “Who Certifies After the Grumman Decision?,” Annual Conference of the National Security Industrial Association (February 1992), by Stuart B. Nibley
  • “The Government’s New Militancy in Federal Procurement,” American Bar Association, Section of Public Contract Law (November 1991), by Stuart B. Nibley
  • “Acquisition and The New World Order,” Annual Meeting, National Security Industrial Association (June 1991), by Stuart B. Nibley
  • “Difficult Choices – The Environment and National Defense,” Federal Contracts Report (June 1991), by Stuart B. Nibley
  • “Applying TINA to Interorganizational Transfers,” Federal Publication’s Cost Pricing & Accounting Report; Yearbook of Federal Procurement Articles (November 1990), by Stuart B. Nibley 
  • “Government Progress Payments Can Be Tricky Business – Seeking Reimbursement of Payments to Subcontractors,” National Contract Journal; Yearbook of Procurement Articles, Federal Publications (1988), by Stuart B. Nibley (co-author with Sandra Fenske)