BiographyJoseph P. Hornyak is a partner at Holland & Knight and practices all aspects of government contracts law, including bid protests, contract appeals, prime-subcontractor disputes, False Claims Act (including qui tam) suits and investigations, Small Business Administration (SBA) issues, mergers and acquisitions, and general counseling on federal, state and local government procurement matters. He has represented contractors with a wide range of business interests, including aerospace, environmental remediation, information technology, nuclear energy, hardware and Maintenance, Repair and Operations (MRO) supplies, facilities management, security equipment and services, shipbuilding, healthcare, real estate, construction and jet fuel.
Mr. Hornyak has handled protests and contract disputes involving multibillion dollar contracts and novel and precedent-setting issues, and has worked with complex and sophisticated technologies and accounting practices. He has handled numerous bid protests in the Government Accountability Office (GAO), federal courts, the SBA's Office of Hearings and Appeals, the United States Postal Service and other forums. He has litigated dozens of prime contract disputes in virtually all government contract-related forums, including the United States Court of Federal Claims, the United States Court of Appeals for the Federal Circuit and agency Boards of Contract Appeals, and he has litigated subcontract disputes in federal and state courts and the American Arbitration Association. Some of his cases have set precedents, for example, in the areas of the competition requirements for orders under Federal Supply Schedule (FSS) contracts and marking requirements under the Federal Acquisition Regulation (FAR) "Data Rights" clause.
Mr. Hornyak is the primary government contracts counsel for many medium-size and small businesses, including 8(a) concerns. He counsels his clients on a variety of issues and subjects including, for example, cost allowability, intellectual property (i.e., "Data Rights" clause) and domestic preferences. He also frequently represents government contractors in investigations by agency Inspectors General and/or the Department of Justice (DOJ). In addition, Mr. Hornyak frequently supports Holland & Knight's business lawyers on mergers and acquisitions involving government contractors.
Mr. Hornyak also litigates a variety of commercial disputes for his government contractor clients, including commercial contract, intellectual property, real estate and employment disputes. He has also represented companies in disputes involving prime and subcontracts with foreign governments, including those in Qatar, Egypt, Saudi Arabia and Lithuania.