Keir Bancroft provides a range of services to clients throughout the government contracting sector, addressing the needs of small, mid-sized and large businesses. As a litigator, Mr. Bancroft represents clients in protests and disputes before federal and state courts and administrative agencies. Mr. Bancroft also counsels clients in responding to inspector general and Congressional investigations. As a transactional lawyer, Mr. Bancroft regularly drafts and negotiates subcontracts and teaming agreements, NDAs, mentor-protégé agreements, and joint ventures. Mr. Bancroft also advises clients on the protection of patent and data rights in their contracts, with particular focus on the Small Business Innovation Research (“SBIR”) and Small Business Technology Transfer (“STTR”) programs, often performed in conjunction with universities and research institutions. Mr. Bancroft’s practice spans federal, state, and local levels. He counsels commercial and nonprofit clients as they address state-specific acquisition, intellectual property, information security, and trade secrets matters. Further, Mr. Bancroft counsels clients in transactional matters; he advises on merger and acquisition strategy, performs due diligence, and drafts post-merger novation and change-of-name agreements.
Within the broad rubric of cybersecurity, Mr. Bancroft specializes in information security and privacy compliance. He advises clients on compliance with standards promulgated under the Federal Information Security Act (“FISMA”), Federal Information Processing Standards (“FIPS”), the Department of Defense Information Assurance guidelines, the Privacy Act, and similar requirements. Mr. Bancroft also focuses on national security and industrial security issues arising under the National Industrial Security Program Operating Manual (“NISPOM”), including employee security clearance, reporting obligations, and foreign ownership, control, and influence (“FOCI”).
Before joining private practice, Mr. Bancroft served as an attorney advisor and the Privacy Officer in the United States Department of the Treasury, Bureau of Engraving and Printing. There, he counseled and represented the Bureau in all facets of federal procurement and was responsible for ensuring Bureau systems complied with privacy and information security requirements.
Mr. Bancroft started his career as a judicial law clerk in the Chambers of the Honorable George W. Miller, United States Court of Federal Claims, where he assisted in the adjudication of a number of government contracts-related disputes and protests.
An active participant in the contracting community, Mr. Bancroft is engaged in select committees of the American Bar Association’s Public Contract Law Section. He serves as the Co-Chair of the Strategic Alliances, Teaming, and Subcontracts Committee and the Membership, Diversity & Outreach Committee, and he is a member of the Cybersecurity, Privacy, and Data Protection Committee. Mr. Bancroft participates in the Cyber Incubator@bwtech, located on the campus of the University of Maryland, Baltimore County. There he serves as an instructor in government contracting courses and volunteers his time counseling entrepreneurs and start-ups on a variety of legal matters. Mr. Bancroft is also a member of the Advisory Council of GovConnects, a public/private sector initiative launched by the Howard County, MD Chamber of Commerce.
Mr. Bancroft serves a variety of pro bono clients, and regularly offers counsel as part of the District of Columbia Bar’s Pro Bono Advice and Referral Clinic.
Mr. Bancroft has participated in a number of significant matters, both as private counsel and counsel for the Government. Some representative matters include:
- Counseled Fortune 500 client on eligibility to compete under multiple state procurements as part of implementation of strategic initiative.
- Represented client in potential dispute arising under federally funded and state-administered disaster recovery contract.
- Secured the award of a contract for a client under a $7 billion Air Force IDIQ procurement for Trade Agreements Act-compliant IT products.
- Successfully argued for dismissal of certain grounds of protest of a $75 million task order award under the Navy’s SeaPort-e contract.
- Successfully defended against a motion to dismiss a GAO bid protest alleging lack of interested party status following a post-bid corporate reorganization.
- Successfully defended against the protest of a Transportation Security Agency award before the FAA’s Office of Dispute Resolution for Acquisition (“ODRA”), refuting allegations of organizational conflicts of interest (OCIs) arising from unequal access to information and biased ground rules.
- Counseled Bureau of Engraving and Printing in the procurement of a $300 million multi-year IDIQ contract for the supply of distinctive currency paper, resulting in significant cost savings.
- Negotiated patent rights provisions in potential contracts for development of features for inclusion in United States paper currency.
American Bar Association Section of Public Contract Law:
- Co-Chair: Strategic Alliance, Teaming, and Subcontracts Committee
- Co-Chair: Membership, Diversity & Outreach Committee
- Member: Committee on Cybersecurity, Privacy, and Data Protection
International Association of Privacy Professionals
Professional Services Council, Homeland Security Committee
Tech Council of Maryland, Government Contracts Committee