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Jayna Marie Rust

Counsel

Washington, D.C.
202 585 6929 202 585 6929 direct

Jayna advises companies, transportation authorities, educational institutions, and other entities regarding their rights and obligations when doing business with (or receiving financial assistance from) the Federal Government. She works with her fellow attorneys and clients to help the clients recover money owed under Federal contracts, protest problematic contract awards, defend against   competitors' protests,  and challenge adverse agency actions. In doing so, she represents them before agencies, the Government Accountability Office (GAO), Boards of Contract Appeals, the U.S. Court of Federal Claims, and the U.S. Court of Appeals for the Federal Circuit, as necessary.

She also counsels clients on contract- and grant-administration matters, including analyzing and negotiating subcontractor and subrecipient agreements, following small-business requirements and complying with domestic-preference policies, such as the Buy American Act, the Trade Agreements Act, and the Cargo Preference Acts.  She  works with  traditional Government contractors and  commercial companies with Government contracts in understanding many of the recent, fast-moving contractor requirements, including Executive Order 14042 (Ensuring Adequate COVID Safety Protocols for Federal Contractors) and the Safer Federal Workforce Task Force Guidance.  Combining her work in both contract- and grant-administration matters, she also advises clients on developing and applying policies and procedures that meet 2 C.F.R. Part 200 (Uniform Grant Guidance) requirements and in preparing for and responding to investigations, audits, and Federal Transit Administration triennial reviews related to those obligations.

A former middle school teacher and current teacher of Government Contracts Advocacy at The George Washington University Law School, Jayna has been praised by clients and peers for her ability to take complex legal issues and make them interesting and understandable to others, even non-attorneys.

Thompson Coburn Publications

85% of contractors are at risk of making a false certification in the OFCCP Contractor Portal: Does that include you?

Federal contractor COVID safety protocols may reach further within your workforce than you expect

Three key differences between the Cargo Preference Act clauses

12 answers: The federal contractor vaccine and masking requirements

A two-minute overview of the September 9 executive order on contractor “vaccines”

The federal contractor $15 minimum wage: Who, what, when, where, why, how

Don’t get sunk: 5 common misunderstandings when shipping cargo under government contracts

Your guide to the SBA’s certification requirement for women-owned small business concerns

Three tips for Government contractors seeking CARES Act Section 3610 assistance for paying employees or subcontractors

Seven tips for companies or organizations seeking or receiving federal funds to fight COVID-19

A government contractors’ checklist for building a FAR combating-trafficking compliance plan

Could your company’s freebie for furloughed workers be an ethics problem for them?

3 compliance obligations you may not know you have

Grant and cooperative-agreement recipients: Are your procurement standards compliant yet?

Gift-giving policies: Seven ethics checks in light of OGE’s Updated Standards

Connecting more: Two ways the revised OGE gift standards ease communication with government employees

Government contractors must address domestic trafficking

Blogs

HEERF audit guide and webinar recording now available

TCLEs

2019 Small Business Government Contracts Regulatory and Administrative Changes and What They Mean for 2020

Managing Contractors' Combating - Trafficking Compliance

The ABCs of REAs

A Tough Act to Follow: How to Comply with the Complex Trade Agreements Act

Government Contracts Update – Stay Informed

Publications

3 Compliance Obligations You May Not Know You Have,
Law360, December 2017

Gift-Giving Policies: Seven Ethics Checks in Light of OGE’s Updated Standards,
Public Contracting Institute Blog, April 2017

Government contractors must address domestic trafficking,
Law360, January 2016

Note, How to Win Friends and Influence Government Contracts Law: Improving the Use of Amicus Briefs at the Federal Circuit,
Public Contract Law Journal, 2012

Presentations

"Working with Other Companies as a Government Contractor Small Business,"
Pacific Northwest Defense Coalition, October 2021

"Recent Labor & Employment Issues for Government Contractors,"
National Asian Pacific American Bar Association Webinar, November 2021

"HEERF Audit Guide for Proprietary Institutions: Key Takeaways,"
McClintock & Associates Webinar, May 2021

"COVID-19 Legal Update,"
American Bar Association Public Contract Law Section March 2020

"Anti-Trafficking Requirements: Recent Updates,"
Government Contracts Roundtable October 2019

"Talking About FAR 52.222-26 and EO 11246: What Government Contracts Attorneys Need to Know about Bias,"
American Bar Association Public Contract Law Section Webinar July 2019

"SBA's All-Small Mentor Protégé Program: What Businesses Want to and Should Know,"
Missouri Procurement Technical Assistance Center, June 2018

“Assigning Contracts with State Entities”
American Bar Association Public Contract Law Section, State and Local Committee Meeting June 2019

"SBA's All-Small Mentor Protégé Program: What Businesses Want to and Should Know,"
AFCEA Scott AFB, June 2018

"Regulatory Update: How Will Select New Rules and Regulations Impact Our Business? Are Human Trafficking Regulations Really a Concern for Us?,"
Government Contracts Update (CLE), Thompson Coburn, May 2016

"Contract Compliance and Dispute Avoidance,"
Javits-Wagner-O'Day Legal Symposium, October 2018

"Ethics in Government Contracts,"
American Bar Association Public Contract Law Section Federal Procurement Institute, March 2018

"Federal Appropriations/Fiscal Law: Fact or Fiction,"
American Bar Association Public Contract Law Section Annual Meeting, August 2018

"The Trade Agreements Act,"
June 2016, August 2016

"Recent Small Business Developments,"
AFCEA Scott AFB, March 2017

"Recent Small Business Developments,"
Missouri Procurement Technical Assistance Centers, April 2017

"The 5 Differences Between Commercial and Government Contracts You Need to Know,"
November 2017

"SBA's All-Small Mentor Protégé Program: What You Should Know Before Jumping In,"
Eastern Foundry, October 2017

"Buy American!,"
July 2017

"Formal Contract Changes, 'Constructive' Changes, and Requests for Equitable Adjustments,"
Eastern Foundry, February 2016

Various Topics (Including Contract Types, Cargo Preference Act, Differing Site Conditions, Small Business Requirements, Anti-Trafficking Obligations)
Public Contracting Institute, Ongoing