Government Contracting Set Aside Programs (How they work, who is eligible and recent developments)

My guests are  attorney David Hayden and Jackson Moore of Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P. (

Dave Hayden joined Smith Anderson in 2011, after serving as the general counsel and board secretary for USfalcon, Inc. Dave has extensive experience in government contracting, corporate investigations (internal and government) and employment law.

He advises companies on corporate governance matters and other general corporate and business matters. He also represents a variety of defense contractors, advising on a broad range of federal contracting issues such as bid protests, teaming agreements, subcontract agreements, joint ventures, the Small Business Administration 8(a) Business Development program, International Trafficking in Arms Regulations (ITAR), Corporate Ethics, and organizational conflicts of interest (OCI) compliance issues.  He has a high level government security clearance.

Dave previously served as an Assistant United States Attorney for the Eastern District of North Carolina, investigating and prosecuting federal crimes as well as supervising all military attorneys authorized to practice in federal court in eastern North Carolina. He also conducted federal procurement fraud investigations in government contracting as a member of the Department of Justice Procurement Fraud Task Force for the Southeast.

Dave is a retired US Army Colonel working with Corps of Engineers and the Judge Advocate General Corps. His service includes 12 years in airborne assignments at Fort Bragg, NC; engineer company commander; criminal law professor and department head at the U.S. Army JAG School; senior litigation attorney and branch chief for the U.S. Army Litigation Division; deployment to Afghanistan as the senior legal advisor to the theater commander in 2002-2003; and senior legal advisor to NORAD and the United States Northern Command. He also served on the Joint Staff in the Pentagon, participating in many federal government interagency panels and working groups.  He retired in 2005 and moved to Raleigh, North Carolina. COL Hayden is a graduate of the U.S. Military Academy, the U.S. Army Command and General Staff College and the National War College.

Jackson Moore focuses on government contracting and business dispute resolution, including litigation, mediation, and arbitration.

Jackson has significant experience handling complex civil litigation, including class actions, shareholder and internal corporate disputes, breaches of contract and trade practices, intellectual property matters and investor and employment litigation. He has handled numerous matters on an expedited basis and has represented parties in disputes pending in state and federal trial courts, the North Carolina Business Court, and the North Carolina Court of Appeals.

Before joining Smith Anderson in 2001, Jackson practiced at Gardere Wynne Sewell LLP in Houston, Texas.

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