Stephen E. Ruscus represents clients in government contracts procurement, US federal drug pricing programs, and in litigation before the Boards of Contract Appeals, the US Court of Federal Claims, and the US Government Accountability Office (GAO). He also advises in protest practice before the US Small Business Administration and in matters relating to federal procurement of commercial items and services, including those under Federal Supply Schedule contracts.
With respect to federal healthcare supplies and services, Stephen counsels clients on US Department of Veterans Affairs (VA), US Department of Defense (DOD), and US Department of Health and Human Services (HHS) procurements. He also advises on government pricing laws and regulations governing manufacturer participation in the CMS Medicaid Drug Rebate, Medicare, 340B, TRICARE, and Veterans Healthcare Act programs; VA FSS contracts; and public policy affecting these programs.
Additionally, Stephen counsels clients on the implementation and review of complex government pricing systems, providing strategic advice on the government pricing, fraud, and abuse implications of commercial pricing and patient benefit programs.
With more than 30 years of experience, Stephen counsels clients in the defense, technology, life sciences, healthcare, manufacturing, services and food industries on supplies and service indefinite delivery, indefinite quantity (IDIQ) task order contracts, fixed-price, and cost reimbursement contracts and related Federal Acquisition Regulation provisions, subcontract negotiations and compliance, government contracts disputes, and federal debarment and suspension.
Stephen conducts investigations and prepares reports under the VA, the DOD, and the US Department of State voluntary disclosure programs. He appears before the US Court of Federal Claims, US Courts of Appeals, the Armed Services Board of Contract Appeals, and the Civilian Board of Contract Appeals. He also represents clients in bid protests before the GAO and the US Court of Federal Claims.
Representative engagements include:
Counseling US pharmaceutical company regarding drug classification issues and CMS narrow exception determinations
Performance of government pricing compliance review for large US pharmaceutical company
Counseling of US pharmaceutical company on government pricing system implementation of Affordable Care Act
Negotiation of settlement of defective pricing claims against US pharmaceutical company
Counseling large technology company regarding decision to begin entering prime contract relationships with federal government
Counseling supplier of services to prime contractor regarding potential existence of federal subcontract relationship and related obligations
Counseling of small biotech regarding government contract intellectual property issues arising under CRADA
Defense of SBA size protest against small construction company government contract awardee; litigation of GAO bid protest pertaining to defective DOD IDIQ task order award
Counseling of medical device company regarding Buy American Act and Trade Agreements Act procurement and compliance issues
Counseling of small business regarding maintenance of eligibility for procurement preferences
Conduct of due diligence regarding IDIQ contract involving multi award IDIQ for power support for DOD Forward Operating Bases
Negotiation of a third party–financed Army Corps of Engineers contract for energy conservation measures including infrastructure enhancements
Conduct of False Claims Act investigation pertaining to sale of medical devices under Federal Supply Schedule contract
Board of Contract Appeals litigation of defective pricing allegations relating to Army Corps of Engineers contract for financing, design, construction, permitting and operation of co-generation facility
Representation of large oil and gas company in debarment and suspension matters
Counseling of R&D client regarding Department of Energy cooperative agreement for development of energy efficient lighting
Litigation of US Court of Federal Claims bid protest regarding award of pricing agreement associated with DOD medical device formulary decision
Counseling of life science services company regarding subcontract rights and obligations under government contracts
Litigation of termination claim before the US Court of Federal Claims
Catholic University of America, Columbus School of Law, 1991, J.D.
University of North Carolina, 1986, B.A.
District of Columbia
US Court of Appeals for the Federal Circuit
US Court of Federal Claims
US Court of International Trade
Awards and Affiliations
Member, Bar Association of the District of Columbia
Co-Chair, Coalition for Government Procurement, Healthcare Pharmaceutical Subcommittee
Co-Chair, Public Contract Law Section, Health Care Contracting Committee, American Bar Association (2011–2012)