John S. Pachter Esq.

Smith Pachter McWhorter PLC
Pachter, John S.

John S. Pachter is a Member of Smith Pachter McWhorter PLC in the firm's Tysons Corner office. A practitioner of government contract law for more than 40 years, Mr. Pachter has engaged in substantial litigation before the Boards of Contract Appeals, the U.S. Court of Federal Claims, Federal District Courts, and the U.S. Court of Appeals for the Federal Circuit.

He has prosecuted bid protests before the Government Accountability Office, the General Services Board of Contract Appeals, the U.S. Court of Federal Claims and Federal District Courts. Mr. Pachter’s practice has involved dispute resolution in all areas of government contract law, including prime-subcontractor disputes, both in litigation and under alternative dispute resolution procedures.

In the bid protest area, Mr. Pachter’s practice has involved agency best value determinations, past performance, meaningful discussions, task order contracts, sample task issues, organizational and personal conflicts of interest, cost realism analyses, competitive range controversies, technical evaluations, bid mistakes, and other issues.

Mr. Pachter has represented a number of clients in the debarment area, and obtained the first reversal in federal court of a Service Contract Act debarment. Federal Food Service, Inc. v. Donovan. He has also represented and counseled clients on fraud and compliance investigations, audits, corporate governance and ethics, and defense of qui tam actions. Other work has included defective pricing, cost determination, requests for equitable adjustment, licensing of intellectual property, subcontractor performance issues, small and small disadvantaged business matters, terminations for default and convenience, GSA schedule contracts, task order contracting, multiple awards, commercial products and requests for government information.

In 2012, Mr. Pachter was the first recipient of the Allan J. Joseph Excellence in Leadership Award, conferred by the ABA's Section of Public Contract Law. In October 2007, the Department of the Army appointed Mr. Pachter to serve as Independent Monitor to supervise ITT Corporation's performance under an Administrative Compliance Agreement. ITT entered into that Agreement in connection with a Guilty Plea and Deferred Prosecution Agreement regarding violations of the Arms Export Control Act at the Night Vision component of ITT Defense Electronics & Services.

Mr. Pachter received his B.A. from Tulane University and his J.D. and LL.M. from The George Washington University.