Vedder Price

Eric J. Marcotte

Shareholder

Member, Board of Directors

1401 I Street NW Suite 1100 Washington, District of Columbia 20005

+1 (202) 312 3336

Eric J. Marcotte

Shareholder

Member, Board of Directors

Eric J. Marcotte is a Shareholder at Vedder Price in the firm's Litigation practice area.

Mr. Marcotte has 25 years’ experience handling a wide range of government procurement and litigation matters. In particular, he represents clients in matters relating to contracts funded by federal, state, local and international governments.

Such representations include bid protests, claims, audits, investigations, terminations, False Claims Act defenses, prime/subcontract disputes, suspension/debarment cases, mergers and acquisitions, and compliance and regulatory issues.

Prior to private practice, Mr. Marcotte served as a warranted contracting officer with the U.S. Air Force, then as a member of the Judge Advocate General Corps, where he represented the government in major acquisition matters.

Mr. Marcotte is a frequent speaker at client seminars, e-lunches and industry conferences available to the public on topics such as: Compliance and Ethics Programs for Government Contractors: Anticipating the New Rules and Protecting Your Company’s Reputation; Day-to-Day Compliance with Your Government Contracts Requirements; Employment Law Issues for Government Contractors; and Dealing with Troubled Projects—Terminations: Should They Stay or Should They Go?

Mr. Marcotte was selected for inclusion from 2013 to 2015 in Washington DC Super Lawyers in the Government Contracts category.

Representative matters include:

  • Partnership for Supply Chain Mgmt. Inc. v. United States & Chemonics Int’. Inc., U.S. Court of Federal Claims Civil Action No. 15-900C (Dec. 2015). Successful defense of USAID $9.5 billion single award Global Health Supply Chain (GHSC) contract. The program involves the supply of health products throughout the world, as well as strengthening supply chain management and commodity security in partner countries. Vedder Price previously helped defeat a similar protest challenge to the award filed before the Government Accountability Office (“GAO”). Partnership for Supply Chain Mgmt. Inc., B-411490, B-411490.2, Aug 11, 2015, 2015 CPD ¶ 252.
  • Computer Sciences Corp., B-408694.7 et al., Nov. 3, 2014, 2014 CPD ¶ 331. Successful GAO protest challenging a $6.9 billion contract award by the U.S. Air Force for information technology products and services. Our client subsequently received award of a contract and recovered attorney fees. 
  • Electro-Motive Diesel, Inc. v. Illinois Dept. of Transp. & Siemens Industry, Inc., Illinois Circuit Court, Docket No. 2014-CH-04596 (Aug. 2014). The Illinois Department of Transportation (“IDOT”), in coordination with the states of California, Washington, Iowa, Michigan and Missouri, awarded our client Siemens Industry, Inc. a contract valued at $1 billion for the supply of next-generation locomotives. Vedder Price first helped defeat administrative challenges before the Illinois Procurement Policy Board (“PPB”). In the Circuit Court, we first successfully defended against Electro-Motive’s petition for a temporary restraining order, and then moved to dismiss the action entirely. The Circuit Court granted the motion to dismiss in August 2014, clearing the way for Siemens to perform this significant contract.
  • Management Support Technology, Inc. (“MSTI”), B-409660.1 et al. (June 2014). Successful protest of multi-million dollar Department of Homeland Security (“DHS”) award. Following a hearing, DHS agreed to take corrective action, cancelled the challenged award, and fully reopened the competition. Client recovered attorney fees.
  • Supreme Foodservice GmbH v. United States, U.S. Court of Federal Claims Civil Action No. 13-245C 112 Fed. Cl. 402 (Sept. 18, 2013). Successful defense of single award contract for Subsistence Prime Vendor services with an estimated value of $10 billion.
  • ANHAM LLC v. United States, U.S. Court of Federal Claims Civil Action No. 11-515C. Protest of client’s exclusion from $980 million contract award for logistics support. Government agreed to settlement following production of the record and briefing. Client was awarded a contract in February 2012 
  • Claim. Achieved multi-million dollar settlement of a claim for additional costs filed before the Armed Services Board of Contract Appeals. Agency agreed to settle the matter shortly after trial commenced.
  • Claim. Recovery of $29.5 million in settlement of U.S. Court of Federal Claims case involving the Department of Energy.
  • Claim. $27 million recovery in ASBCA case involving claim for defective specifications.
  • Government Investigations, Claims, and Voluntary Disclosures. Extensive representation of clients responding to government audits, investigations and inquiries. A recent example involved representing a Fortune 100 company in connection with a Department of Justice (DOJ) False Claims Act (FCA) investigation concerning mispricing of products sold to the Government over a ten-year period. We guided the client through responding to a subpoena and made several formal and informal presentations to the DOJ and agency Office of Inspector General (OIG). We also assisted with implementation of revised compliance procedures. DOJ closed the investigation and returned the matter to the affected agency where it was resolved amicably. Successfully defended clients in a wide variety of FCA matters including cases initiated by the government as well as qui tam suits. Routinely assists clients with compliance matters, including program implementation, voluntary disclosures and corrective actions. 
  • Suspension and Debarment. Successful representation of clients in suspension/debarment proceedings before Air Force, Army, Navy, General Services Administration, Environmental Protection Agency, Department of State, Department of Commerce and other federal agencies.

Eric J. Marcotte

Shareholder

Member, Board of Directors

Education

  • University of Texas School of Law, J.D., 1987, with honors
  • Park University, B.S., 1982, magna cum laude

Eric J. Marcotte

Shareholder

Member, Board of Directors

Bar Admissions

  • District of Columbia

Court Admissions

  • U.S. Court of Federal Claims
  • U.S. District Court, District of Columbia
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Supreme Court

Affiliations

  • Member, American Bar Association, Public Contract Law Section