Patrick B. Kernan

8309 Holly Haven Lane, Fairfax Station, VA

Phone: (703) 867-2973; Email:  pbk1965@gmail.com

Professional Summary:

Top Secret Clearance (not active, adjudicated by OPM for DHS in Sep 2011)

Current DHS T2 Clearance

Served 12 years on active duty in the Army as an attorney (Jan 92 to Aug 04)

Worked 8 years as an attorney in DHS, USCIS (Aug 04 to May 12)

Recalled to Army active duty and deployed to Iraq twice (2006 & 2011)

Retired from the Army as a LieutCol with 20 years of service in Nov 2012

Education:

U.S. Army Judge Advocate General’s School (VA) – Master of Laws, 2001

Wake Forest University School of Law (NC) – Juris Doctor, 1991

Hamilton College (NY) – Bachelor of Arts, 1987

Bar Admissions:

U.S. Supreme Court

U.S. Court of Appeals, D.C. Circuit

U.S. Court of Federal Claims

U.S. District Court for the District of Columbia

U.S. District Court for the District of Massachusetts

District of Columbia

Massachusetts

Security Clearance:

Top Secret (Not Active, Adjudicated by OPM for DHS in September 2011)

Kernan & Associates, PLLC                                                                          May 2012 – Present

Owner

• Advise small business clients through the procurement process, including bids, RFPs, bid protests, Small Business Eligibility/Criteria Research, System for Award Management (SAM) issues, contract terminations, and new regulations.
• Represent clients in complex litigation in federal court and before administrative tribunals in a broad range of cases including government contracts, bid protests, private commercial disputes, contract advice, and procurement. Includes cases before the government accountability office, court of federal claims and federal district courts.
• Retained by a large Washington, DC university to provide representation on specialized matters. Work focuses on legal advice on government contract matters.
• Successfully represented several clients before federal suspension and debarment authority.
• In addition to other protest work, successfully protested a multimillion dollar ID/IQ contract award before the GAO resulting in a client being added to the contract.
• Wrote dispositive motions and assisted in discovery on a multi-million dollar teaming agreement dispute between two private security companies in Iraq.
• Litigated a Fair Labor Standards Act Collective Action action against a multi-national company for failing to properly pay FLSA overtime to IT help desk employees.
• Provide Foreign Corrupt Practices Act guidance to businesses.
• Assisted several clients with preparation of government contract claims.
• Provide businesses employment law advice, including wage and hour issues.
• Provide corporate legal counsel to several small business clients

Vius, LLC                                                                                                        July 2012 — Present

Managing Member

• Managing member of a service-disabled veteran-owned small business providing professional technical and management support service to federal and private sector clients. Areas of focus are information technology (IT) program management, legal services, acquisition management, financial management, capital planning and investment control including governance, privacy support, business process reengineering, and data management.
• Under contract with the Department of Transportation, Volpe Center to provide government acquisition legal support.
• Under contract with the United States Postal Service, Office of Inspector General to provide cloud computing legal services and support for government acquisitions.
• Serve as off-site program manager for an investigative services contract with the Department of Homeland Security, Office for Civil Rights and Civil Liberties.
• Drafted and promulgated foundational corporate documents including corporate code of conduct, corporate operating agreement, human resources manual and policies.
• Prepared and executed all documents supporting business transactions such as prime contracts, sub-contracts, non-disclosure agreements, and teaming agreements.
• Prepared and managed a claim for an equitable adjustment for costs incurred during the government shut-down which reached a successful outcome.

U.S. Citizenship and Immigration Services                                    September 2011 – May 2012

Special Counsel, Commercial and Administrative Law

• Served as Senior Counsel in the Commercial and Administrative Law Division in the Office of Chief Counsel.
• Mentored and managed workload within the commercial law section.
• Advised management concerning acquisition and procurement, appropriations, and fiscal law.
• Provided guidance on Freedom of Information Act and Privacy Act, employment law, Equal Employment Opportunity cases, worker’s compensation claims, Federal Tort Claims Act, procurement integrity, and general agency administrative law.
• Represented the Agency in litigation before administrative bodies and in federal court.

Department of Defense                                                                           May 2011 – August 2011

Staff Judge Advocate (Combined Joint Special Operations Task Force, Balad, Iraq)

• Led a team of ten (10) legal personnel spread across the Iraqi Joint Operations Area to ensure timely and effective legal support for counterterrorism operations of two Army Special Operations Task Forces and one Navy Special Warfare Task Force.
• Provided acquisition advice on large transition contracts as the U.S. presence in Iraq drew down.
• Directly reviewed and provided legal guidance on lethal Special Operation missions, targeting, detainee operations, and military deception operations against insurgents and terrorists throughout Iraq, and supported legal team review of numerous other missions.
• Oversaw detainee operations for CJSOTF-AP. CJSOTF-AP operated a joint interrogation and detention facility with the Iraqi government and any allegations of abuse by Iraqis or Americans in this facility were investigated.
• Supervised personnel conducting investigations into allegations of detainee abuse and mistreatment, including excessive use of force.

U.S. Citizenship and Immigration Services                                         October 2006 – May 2011

Chief Counsel, Office of Transformation Coordination

• As Chief, Transformation Counsel, identified and resolved legal risks and concerns in the program, provided acquisition, budget, spend plan, and fiscal law guidance to move the program forward.
• Ensured the program complied with statutory and regulatory requirements, and advised on operational matters from a legal perspective.
• Supported all operations of the Office of Transformation Coordination by providing legal and programmatic advice on reengineering the USCIS business and IT processes.
• Played a significant role in developing and obtaining approval for the budgeting plan for USCIS Transformation in the early development of the program. Part of a transformation team that was given an acquisition award by DHS for expanding competition in developing the Request for Proposals to support the solution architect contract.
• Led teams with diverse operational backgrounds in developing legal, regulation, policy, and privacy decisions and documentation. Through the work of my team, we have established working groups to implement legal, regulatory, policy, and privacy changes across USCIS.  Program manager responsible for regulatory, policy, and privacy changes.
• Met bi-weekly with the DHS Privacy Office to discuss Transformation privacy issues and to obtain DHS input on how to resolve privacy concerns.
• Reviewed and provided legal approval of all documentation provided to outside oversight organizations.

U.S. Army                                                                                        January 2006 – October 2006

Chief, Procurement and Fiscal Law (Multi-National Corps, Baghdad, Iraq)

• Supervised a section of attorneys responsible for providing acquisition and fiscal law advice in the Iraqi theater of operations. The section supported the Multi-National Corps – Iraq’s operational readiness by developing and implementing complex procurements involving $10 billion in acquisitions.  The procurements involved systems, programs, and services critical to Operation Iraqi Freedom and Multi-National Corps – Iraq’s counter-insurgency effort in Iraq.
• Provided fiscal law advice and oversight of critical operational procurements and Iraq reconstruction procurements involving millions of dollars in congressionally monitored Commander’s Emergency Response Program funds. Congress received a list and reviewed each of the projects developed under this program.
• Developed Iraq theater-wide policy and procedures to build a process for handling issues involving contractors on the battlefield, including rules for the use of force, arming, escalation of force investigations, and private security company training.

U.S. Citizenship and Immigration Services                                         July 2004 – January 2006

Associate Counsel, Commercial and Administrative Law

• Served as Associate Counsel in the Commercial and Administrative Law Division in the Office of Chief Counsel, Citizenship and Immigration Services.
• Advised management on acquisition and procurement, appropriations, and fiscal law.
• Provided guidance on Freedom of Information Act and Privacy Act, employment law, Equal Employment Opportunity, worker’s compensation claims, Federal Tort Claims Act, and general agency administrative law.
• Represented the Agency in litigation before administrative bodies and in federal court.
• Volunteered for Hurricane Katrina community relations work in support of DHS efforts in Baton Rouge, Louisiana.

U.S. Department of Justice                                                                                          2003 – 2004

Special Assistant U.S. Attorney (Eastern District of Virginia)

• Special appointment to the Department of Justice to represent the U.S. government in federal court litigation in the Eastern District of Virginia and the Fourth Circuit.
• Lead attorney representing many different federal agencies in a wide variety of subject areas including employment law and discrimination, immigration, Federal Tort Claims Act, Freedom of Information Act, Privacy Act, Bivens matters, and military personnel litigation.
• Led teams of attorneys and expert witnesses to resolve litigation. Successfully represented the Army in a federal district court jury trial involving a medical malpractice claim for wrongful death.
• Responsible for cases from initial complaint through appeal including filing motions, motion arguments, depositions, trials and appeals.

U.S. Army                                                                                                                      2001 – 2003

Litigation Attorney (Arlington, VA)

• Represented the U.S. Army in federal court litigation. Principal area of practice was employment discrimination, including class actions and individual discrimination claims based on disability, race, gender, retaliation, and sexual harassment.
• Successfully represented the Army in two federal district court jury trials.
• Participated in numerous appellate arguments, motions hearings, and depositions. Filed over sixty motions for summary judgment.

U.S. Army                                                                                                                      1998 – 2000

Chief, Criminal Law Division (Fort Bragg, NC)

• Chief criminal prosecutor in an Infantry Division (20,000 troops). Supervised five attorneys and seven support personnel.
• Staff prosecuted over 100 felony level criminal cases including sexual assault, child abuse, and drug distribution.

U.S. Army                                                                                                                      1995 – 1998

Trial Attorney, Contract Appeals Division (Arlington, VA)

• Litigated U.S. Army contract cases before the Armed Services Board of Contract Appeals, General Services Board of Contract Appeals and the Government Accountability Office.
• Litigated a full range of contract disputes involving multi-million dollar claims. Also, litigated bid protests involving the award of a variety of government contracts.
• Led litigation teams involving other attorneys, accountants, engineers, cost estimators, program managers and analysts.

U.S. Army                                                                                                                      1992 – 1995

Defense Counsel (Korea) & Prosecutor and Administrative Law Attorney (Fort Hood, TX)

Military Awards:

Bronze Star, Iraq Campaign Medal, National Defense Service Medal with Bronze Star, Global War on Terrorism Service Medal, Korea Service Ribbon, Meritorious Service Medal (3d Award), Joint Service Commendation Medal, Army Commendation Medal (2d Award), Overseas Service Ribbon, Army Service Ribbon, Armed Forces Reserve Medal with M Device, Parachutist Badge, Air Assault Badge.