Brad Jorgensen

Partner Government Contracts International Trade & National Security

Austin +1 512 355 4576

Brad Jorgensen

Overview

Brad Jorgensen is a partner in the Austin office of Kirkland & Ellis LLP. He is a recognized thought leader in the area of public procurement law with a particular focus on assisting contractors with mergers and acquisitions (M&A), including the evaluation of key compliance considerations and related risks. In this regard, as reported by Chambers and Partners, clients value “Brad’s deep expertise with complex government contractor M&A transactions” and “ability to address client issues with practical business acumen.“

Brad’s government contractor-focused M&A practice involves drafting and negotiating transaction documents, leading due diligence reviews, assessing the strength of contractor compliance systems and assisting with integration activities. Often in connection with this work, Brad counsels on national industrial security matters, including strategies for mitigating Foreign Ownership, Control or Influence (FOCI). His experience in these matters spans over two decades and hundreds of transactions, allowing for the efficient identification and creative mitigation of risk issues, which facilitates deal closings and allows our clients to achieve their business goals.

Additionally, Brad regularly litigates high stakes bid protests before the US Government Accountability Office and the US Court of Federal Claims. He frequently teaches and publishes on bid protest procedures, theories and strategy. Brad also has significant experience performing internal compliance audits for government contractors, which enables him to seamlessly provide subject matter and investigation support in defense of procurement fraud allegations, including alleged violations of the False Claims Act.

Because government contractors in the US operate in a highly regulated environment, mergers and acquisitions involving government contractors raise compliance issues and business risks that are different from those in purely commercial transactions. If a buyer does not meaningfully assess these issues and risks during the pre-closing diligence phase of an M&A transaction, it may acquire assets with hidden liabilities and, therefore, substantially diminished value.

Brad regularly helps companies identify and address issues in M&A transactions involving both US and foreign government contracts. In this regard, Brad has unique insight into market trends, the appropriate scope and depth of diligence, as well as proven strategies for overcoming deal obstacles.

Prior to joining private practice, Brad was assistant general counsel for the Commercial Law Branch of the Office of General Counsel, Federal Bureau of Prisons, US Department of Justice. While at the Department of Justice, Brad represented the United States in a wide variety of government contract actions, including bid protests at the US Government Accountability Office and claims before the Civilian Board of Contract Appeals and the US Court of Federal Claims. In addition to government contract matters, Brad provided advice on intellectual property, tax and bankruptcy matters impacting the Bureau.

During law school, Brad was a senior research assistant for two professors and a judicial intern for the Honorable Brian “Ted” Stewart of the US District Court located in Salt Lake City, Utah.

Prior to joining Kirkland, Brad was involved in the following representative matters:

  • Represented a leading provider of observability and information technology management software in an all-cash sale yielding an enterprise value of approximately US$4.4 billion
  • Represented a top five US defense contractor in the spinoff of its sustainability-focused specialty chemicals and materials business with approximately US$3.8 billion in annual revenue
  • Represented top 100 US government contractor in the divestiture of its naval propulsors and handling business, including various cleared facilities supporting the US Navy, US Coast Guard, and the UK Royal Navy
  • Represented a top five US government contractor in its US$275 million cross-border acquisition of a telecommunications division of another top five US government contractor
  • Represented an Indian multinational technology company in its US$1.8 billion acquisition of certain computer software assets required to perform government contracts for a Fortune 50 information technology services company
  • Represented a top five US government contractor in its US$2 billion cross-border acquisition of certain telecommunications assets from a division of another top five US government contractor
  • Represented a mid-tier US government contractor working primarily in the defense and intelligence sectors in its acquisition of another US government contractor of comparable size specializing in the provision of imagery science, cyber analytic, and advanced technology research and development services
  • Represented a global consulting and technology services provider with more than 7,000 employees and operations in 70 countries in its US$255 million acquisition of a leading provider of cloud-based platform services to the US government
  • Represented a Fortune 20 multinational conglomerate in the spinoff of its healthcare unit, which serves foreign and domestic government customers, into a standalone company
  • Represented various Fortune 100 insurance underwriters in connection with the issuance of more than 100 “representations and warranties” policies on M&A transactions involving government contracts

More

Thought Leadership

Publications

Co-Author, “The NISPOM’s ‘Foreign Persons’ Disclosure Rule and the Definition of Non-Public USG Information,” The Public Procurement Lawyer, vol. 60, Issue 3, Summer 2025

Co-Author, “Got Prejudice? Establishing Prejudice in Bid Protests When No Offerors are Eligible for Award,” The Public Procurement Lawyer, vol.59, Issue 2, Spring 2024

Co-Author, “Are You the Successor-in-Interest? When a Company Inherits a Government Contract Through a Corporate Transaction,” Pratt’s Government Contracting Law Report, June 2023

Co-Author, “False Claims Act Settlement Underscores Importance of Government Contracts-Specific M&A Diligence,” Pratt’s Government Contracting Law Report, October 2022

Co-Author, “Government Contractor Mergers & Acquisitions: What To Do With Pending Proposals?” 20-4 Briefing Papers 1, March 2020

Co-Author, “To File Or Not To File: Key Issues When Deciding To Protest,” 15-3 Briefing Papers 1, February 2015

Co-Author, “Overseas Contracts: Navigating The Compliance Minefield,” National Contract Management Association, Contract Management, August 2013

Co-Author, “New DOD Rule Authorizes Withholding of Payments for Deficiencies in Business Systems,” National Contract Management Association, Contract Management, August 2011

Co-Author, “Software Maintenance Payments: Don't Let Them Come Back To Bite You,” National Contract Management Association, Contract Management, December 2010

Seminars

Panelist, “M&A Involving Government Contractors: Seizing Opportunities Under Increased Regulatory Scrutiny, Mitigating Risks,” Strafford Publications, Austin, TX, 2024

Panelist, “Government Contractor Mergers and Acquisitions,” PubKLaw Government Contracts Annual Review, Washington, DC, 2024

Panelist, “Representations and Warranties Insurance: An Insider's Perspective,” ABA Public Contract Law Section, Mergers and Acquisitions Committee, Washington, DC, 2023

Presenter, “Navigating Risk and Compliance in GovCon M&A,” JSchaus and Associates, Federal GovCon Webinar Series, Washington, DC, 2020, 2021

Co-Presenter, “Organizational Conflicts of Interest,” General Electric Company, Center of Excellence Webinar Series, Austin, TX, 2020

Panelist, “The Pre-Award Unavailability of Proposed Key Personnel - Potential Paths Forward,” ABA Public Contract Law Section, Bid Protest Committee, Washington, DC, 2019

Moderator and Panelist, “Representations and Warranties Insurance in Government Contractor M&A: A Look Behind the Curtain,” ABA Public Contract Law Section, Mergers and Acquisitions Committee, Washington, DC, 2019

Moderator, “Innovation in Defense: Partnerships and Investment Opportunities,” DLA Piper GovCon Executive Series, Austin, TX, 2019

Co-Presenter, “Assessment of Section 809 Panel Recommendations,” General Electric Company, Center of Excellence Webinar Series, Austin, TX, 2019

Moderator, “The Future of DOD Contracting: Key Developments and Trends,” DLA Piper GovCon Executive Series, Reston, VA, 2019

Panelist, “Hot Topics and Trends in Bid Protest Practice and Procedure,” ABA Continuing Legal Education Webinar, Washington, DC, 2018

Panelist, “Back to School - Protest Musings and Updates,” ABA Public Contract Law Section, Bid Protest Committee, Washington, DC, 2017

Panelist, “Government Contracts M/A Landscape: Strategies for Identifying and Mitigating Transactional Risk,” Marsh’s Government Contracting Risk Forum, Tysons Corner, VA, 2016

Moderator, “Key Diligence Considerations in Connection with Government Contractor Mergers and Acquisitions,” DLA Piper GovCon Executive Series, Reston, VA, 2016

Co-Presenter, “5 W’s of Bid Protests,” L2 Federal Resources, UC Webinar, Washington, DC, 2013

Teaching Experience

Guest Lecturer, “Bid Protest” and “Judicial Government Contract Remedies,” Government Contracts Course, Georgetown University Law Center, 2014–2018

Guest Lecturer, “Bid Protests in Federal Procurements,” Introduction to Government Contracts Course, University of Illinois College of Law, 2013–2015

Adjunct Professor, “Legal Aspects of Contracting,” The Catholic University of America, Metropolitan School of Professional Studies, Summer 2012 and 2015

Recognition

Chambers USA: Band 1, Nationwide Government Contracts M&A, 2025; Band 5, Nationwide Government Contracts, 2025

The Legal 500 United States: Recommended, Government Contracts, 2024–2025

Winner of the Burton Award for Distinguished Legal Writing, 2016

Memberships & Affiliations

American Bar Association, Public Contract Law Section

  • Section Membership Officer, 2023–2027
  • Vice Chair and Former Co-Chair, Government Contractor Mergers and Acquisitions Committee
  • Co-Chair, Membership, Diversity & Outreach Division
  • Co-Chair, Procurement Division
  • Vice Chair, Finance Committee
  • Vice Chair, Publications Board
  • Vice Chair, Strategic Planning Committee
  • Former Section Council Member, 2019–2022
  • Former Chair and Vice Chair, Bid Protest Committee
  • Former Vice Chair, Debarment and Suspension Committee
  • Former Vice Chair, Procurement Fraud Committee
  • Co-Chair, Public Procurement Symposium, 2022

Government Contracts Editorial Advisory Board, Law360

Professional Services Council

National Contract Management Association

Credentials

Admissions & Qualifications

  • Texas
  • District of Columbia

Courts

  • United States Court of Appeals for the Federal Circuit
  • United States Court of Federal Claims

Education

  • The George Washington UniversityLL.M., Public Procurement Lawwith Highest Honors2010
  • Syracuse University College of LawJ.D.cum laude2006

    Law, Technology, and Management Certificate

    Associate Editor, Syracuse Journal of International Law and Commerce

    Lead Articles Editor, Syracuse Science and Technology Law Reporter 

  • Brigham Young UniversityB.S., Psychology2002