Joshua Mullen

About me

Josh Mullen focuses his practice on government contracts and business litigation. He assists various government contractors with litigation and general counseling in all aspects of procurement law. Josh also represents clients across various industries in multiple courts with litigating complex commercial disputes. 

His experience includes representing several government contractors with the filing of and intervening in various bid protests before the Government Accountability Office (GAO), the Court of Federal Claims, multiple state and municipal procurement departments, and in other courts. He also has represented several government contractors with both filing and defending size and status protests, including protests decided by various Small Business Administration (SBA) Area Offices across the United States, appeals to the SBA’s Office of Hearings and Appeals, and in the Court of Federal Claims.  Examples of his significant recent cases include the following:  

• Oak Grove Techs., LLC v. United States, 116 F.4th 1364, 1370 (Fed. Cir. 2024) – Prevailed on a significant precedential appeal to the United States Court of appeals for the Federal Circuit, which resulted in an award of a $245 million Department of Defense contract to our client.
• Bitscopic, Inc. v. United States, 166 Fed. Cl. 677 (2023) – Successfully obtained the dismissal of a competitor’s protest before the United States Court of Federal Claims, resulting in significant procurement awards from the Department of Veterans Affairs to our client.
• In the Matter of Wood Consulting Servs., Inc., SBA No. WOSB-119, 2023 WL 8253436 (Nov. 20, 2023) – Defended client’s status as a women-owned small business under SBA’s regulations, resulting in a significant contract award to the client from an intelligence agency of the Department of Defense.
• Minburn Technology Group, LLC, B-422106.1 (Nov. 8, 2023): Successfully protested the award of a software contract to the client’s competitor, resulting in the cancellation of the award through corrective action.
• Keefe Commissary Network, LLC v. Tennessee Rehabilitative Initiative in Correction, Case No. 23-1335-IV (Davidson County, TN Chancery Court June 11, 2024) – Successfully defended the award of a $150 million Tennessee government contract to our client through briefing and argument before the administrative board of the Tennessee Agency and then the Davidson County Chancery Court.

In addition to his active bid protest and disputes practice, Josh assists multiple government contractors with general counseling, including counseling related to contract management and compliance; internal investigations; the navigation of the Federal Acquisition Regulation (FAR) mandatory disclosure obligations, including reports to the government in accordance with those obligations; negotiation and creation of various joint ventures, including several joint ventures under SBA’s mentor/protégé regulations; asset and stock purchases or sales; novation agreements; negotiation of various teaming agreements and subcontracts related to the performance of Federal Government contracts; and ethics and compliance counseling, training, and implementation of codes of conduct and compliance programs for multiple government contractors. He has provided guidance and counseling to multiple government contractors on a wide variety of federal, state, and local procurement regulations, including without limitation, contractors doing business with the Departments of Defense, Energy, Education, Health and Human Services, Homeland Security, Interior, Justice, State, Transportation, Treasury, and Veterans Affairs as well as the General Services Administration and NASA. Josh also has assisted several government contractors with counseling related to procurements involving the U.S. Army Corps of Engineers, U.S. Postal Service, the Tennessee Valley Authority (TVA), and various state and local governments. 

Josh also routinely represents various clients with complex business disputes in state and federal courts across the United States primarily related to breaches of contract, employee non-compete and trade secret disputes, business torts, business fraud, and other various business disputes.