We had the pleasure of speaking with GW Law Professor and Senior Counsel at Crowell & Moring, Lou Chiarella, about his new course, Defense Acquisition System. In addition to telling us why he created the class and what he hopes students can learn from it, Professor Chiarella remarked on what makes teaching GW Law Government Procurement Law students so special. Professor Chiarella also walked us through his own background, and offered some motivational words for students looking to pursue a career in the government contracts field.
Please tell us about yourself and your career path.
I started as an Army Judge Advocate and while I had many different assignments, I fell into the Government Contract Law field. I then went to the U.S. Government Accountability Office (GAO) where I decided GAO bid protests for more than 20 years. I’m now Senior Counsel at the law firm of Crowell & Moring, besides being adjunct faculty at GW.
How did you first discover government contracts law?
Ha, completely by accident! Some 32 years ago the Army was reassigning me from Ft. Knox, Kentucky, and offered a couple of assignments that I wasn’t interested in. The assignments officer then said, “How about CAD?” I had to ask my bosses what CAD was, found out it was the Army’s Contract Appeals Division, and was told this was a good job. I obviously fell in love with the practice area and have essentially been doing government contracts law ever since. So, yeah, it was luck, fate, and being open to a new challenge.
Prior to your current role with Crowell & Moring, you spent 21 years with the Government Accountability Office (GAO), holding numerous positions. Can you tell us about your time at GAO?
My time at GAO was absolutely wonderful. The award of government contracts is generally a competition and the GAO bid protest process provides unsuccessful (and unhappy) offerors with an avenue of relief for perceived improprieties. My role was akin to an umpire or referee, i.e., upholding the “rules of the game.” It was always important to reach the right outcome, but also to articulate why it was the right outcome, which was the harder part. And, when I was offered the position at GAO, one of the friends that I consulted before taking it was Dean Steve Schooner, who told me that it was the best job in the federal government; he was right as usual.
Can you describe your role as Senior Counsel in Crowell & Moring’s Government Contracts practice group? What sort of procurement law issues do you focus on?
A little bit of everything as it relates to government contracting. I’ve worked on advising clients large and small with existing contracts and OTAs. I’ve worked on numerous bid protests, including ones in front of GAO. I’ve been a “neutral evaluator” as part of the US Court of Appeals for the DC Circuit’s Mediation Program. I’ve also tried to be a proactive mentor for the younger associates in the firm.
We are proud to have you as a member of our distinguished Government Procurement faculty. For the past few years, you have been teaching sections of our foundational Government Procurement courses: Formation and Performance of Government Contracts. What do you enjoy most about teaching at GW Law?
It’s clearly the interaction with students. GW Law’s JD students are both extremely bright and hardworking. I love seeing their interest, their passion, in the government contract law field. I also love it when they start connecting individual topics, and can see the forest for the trees. And then there are the LLM and MSL students, who generally bring real-life experiences with them to class. Here it’s not unusual that they’ve seen, or experienced, something that I haven’t. Because of their viewpoints, I’m often learning from them! I guess we’re all constantly learning even while teaching.
You created a new course for the Fall 2024 semester: Defense Acquisition System. Can you tell us about it?
Absolutely. The biggest 100 or so DoD procurements represent roughly $1.8 trillion (that’s not a typo). Moreover, this amount represents just their development and production costs (not maintenance, repair, operation, etc.). These programs involve cutting-edge technology, concern items essential to US national security, and will result in military systems that will last for generations. There are many unique contracting statutes, regulations, and internal DoD policies and instructions associated with these “major system acquisitions” that aren’t covered in GW Law’s foundational GovCon classes. And there are many important aspects to these programs that involve more than just government contracting. Many companies define their existence, and many individuals their careers, working on such programs. How can we not introduce our students to something so important?
What motivated you to create the course? Are there any emerging issues or trends in this area that prospective students should be aware of?
First of all there was the encouragement of both Dean Tillipman and Dean Schooner over the last two years; both have been constant supporters of this endeavor. I’ve been involved in many such major system acquisitions in my career, either while in the Army or during my time at GAO. The programs are so big and important, in so many different ways. Sometimes senior DoD leadership and congressional oversight focuses exclusively on these programs. There are so many intricacies, some legal and some quasi-legal. And, one of the emerging issues or trends in this area is the extent to which such major defense systems will become unmanned and autonomous. That issue is now here.
Why is understanding defense acquisition an important component of our students’ educational experience at GW Law?
The GW Law Government Procurement Law program is the preeminent one because of the quality and depth of its instruction. There are foundational classes such as Formation of Government Contracts and Performance of Government Contracts. There is a broad range of topic-focused classes, like Anti-Corruption and Compliance, Cost and Pricing, Foreign Government Contracting, Bid Protest Advocacy, and Government Procurement of Intellectual Property. I think students should also be knowledgeable about those things unique to DoD’s major defense procurements, including that the intersection of technology, intelligence, national security, funding, program management, AND that government contracting occurs in no place like the Defense Acquisition System.
What advice would you give a student considering a government contracts career? How can a student or a recent graduate break into this field?
I’ll give three pieces of advice: (1) learn as much as you can; (2) saw the wood in front of you; and (3) keep an eye open for opportunities. Learning is key. The GovCon field is uber-complex. In an attempt to serve all interests, we’ve created a veritable legal minefield. Those who have learned the ins and outs of this legal operating environment and can help their clients (private or government) succeed, and will themselves succeed. Next, you’ve got to give your best effort (110%) to whatever task is in front of you. This can mean a menial assignment, a class you don’t enjoy, anything. Your effort, or lack thereof, will show—whether you think it does or not. And finally, keep an eye open for opportunities that present themselves. Volunteer. Say yes to that special assignment that you could avoid. Essentially, lean in. It will open doors and let people know of your willingness to do more than the minimum. Who knows, it could result in a career-changing event.