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Marks, Finch, Thornton & Baird, LLP (858) 737-3100
Rodrigo F. Moreira, Attorney
Rodrigo F. Moreira practices in the areas of business law, government and regulatory law, federal procurement and claims, real estate law, intellectual property law, and construction law. His practice includes representing clients in a wide range of corporate and transactional matters, including corporate structuring, licensing, business sales and acquisitions, interest transfers, and operational issues. Mr. Moreira’s practice also includes advising and representing clients on state and federal government procurements, including small business procurements. Mr. Moreira has extensive knowledge and experience with Small Business Administration, the Federal Acquisition Regulations, and the intricacies of structuring and operating Federal and State of California small businesses, including Women Owned Small Businesses, HUBZone Small Businesses, Veteran and Disabled Veteran Owned Small Businesses, 8(a) Small Businesses, and Disadvantaged Business Enterprises (“DBE”). Mr. Moreira has handled numerous federal bid protests before the GAO, the OHA, and other public entities. He has also represented clients in public and private works disputes, subcontractor default issues, commercial sales, and other business litigation.
Mr. Moreira is admitted to practice before all California state courts and the United States District Court for the Southern District of California. He received his juris doctor from the University of San Diego School of Law where he was a member of the San Diego Law Review. Mr. Moreira received his Bachelor of Arts in Political Science from the University of Arizona.
Representative Experience
SBA Office of Hearings and Appeals (“OHA”) – Appeal of Size Determination
2012: The firm successfully represented the client before the Small Business Administration’s Office of Hearings and Appeals in the appeal of an adverse SBA Size Determination. The SBA, through a Size Determination, held the firm’s client was not a small business due to affiliation with its 8(a) Mentor, alleging the firm’s client had violated the “3-2 Rule” and was economically dependent upon its Mentor. OHA considered the compelling factual evidence and legal argument made by the firm and reversed the SBA’s Size Determination, holding the firm’s client is a small business under the applicable NAICS code. This victory allows the firm’s client to pursue small business set aside contracts, which it would otherwise have been precluded from pursuing had the Size Determination remained in place.
Class A Office Tower - Design Build
2011: The firm represented the land owner in structuring and drafting the design-build contract for a new Class A office Tower in San Diego, including change order and BIM programs.
Medical Office Building Project
2011: The firm represented client in structuring and implementation of every aspect of a state of the art design-build medical office building, including formation of entities, drafting ground lease, drafting design-build construction contract, drafting architect agreements, drafting office leases, drafting consulting agreement, and advising on land use planning issues.
Expansion Of International Bar And Club Brand Into United States
2010: Negotiated and structured alliance of client's international business with United States venture capitalists to expand operations into the United States, including formation of Nevada and California LLCs, international licensing agreements, and equity incentive planning.
Government Accountability Office ("GAO") Protest
2010: The firm successfully protested the award of a $30,000,000 firm-fixed-price indefinite-delivery/indefinite-quantity contract before the Government Accountability Office ("GAO") for construction and repair services for facilities and structures at Fort Leavenworth, Kansas. The procuring agency took corrective action upon reviewing the comprehensive protest submission, re-evaluated the offers, and the firm's client was awarded the $30,000,000 contract.
Acquisition Of SBA Small Business Federal Construction Contractor
2010: Structured and negotiated acquisition of SBA small business federal construction company, including related debt financing, security agreements, and federal approvals for transition of existing federal contracts to the firm's client.
Government Accountability Office ("GAO") Protest
2010: The firm successfully protested the award of a GSA IDIQ contract for construction and related services. The solicitation provided for the award of multiple contracts to offerors for performance of work in multiple tiers and geographic zones. The GSA determined not to award a contract to the firm's client. The procuring agency took corrective action upon reviewing the comprehensive protest submission, re-evaluated the offers, and the firm's client was awarded the contract.
Small Business Administration ("SBA") Size Protest
2010: The firm advised its client as to the structuring of an 8(a) joint venture to pursue an 8(a) sole source set aside project for the United States Department of Air Force. The award was protested to the SBA by an unsuccessful offeror. The firm defended the award on behalf of its client and the protesting party voluntarily withdrew its protest.
Expansion Of International Bar And Club Brand Into United States
2010: Negotiated and structured alliance of client's international business with United States venture capitalists to expand operations into the United States, including formation of Nevada and California LLCs, international licensing agreements, and equity incentive planning.
Acquisition Of SBA Small Business Federal Construction Contractor
2010: Structured and negotiated acquisition of SBA small business federal construction company, including related debt financing, security agreements, and federal approvals for transition of existing federal contracts to the firm's client.
Government Accountability Office ("GAO") Protest
2009: The firm successfully protested the award of a United States Department of Air Force $45,000,000 Indefinite Delivery, Indefinite Quantity (IDIQ), SABER, construction contract. Following submission of the firm's protest the Contracting Agency filed a motion to dismiss with GAO which was unsuccessful. The parties participated in outcome prediction ADR, after which the Contracting Agency took corrective action. Following the re-evaluation of proposals, the firm's client was awarded the $45,000,000 contract.
