Per David Midboe

Senior Counsel, Crowell & Moring LLP | Vice President of Growth & Strategy, Crowell GovCon Strategies LLC
Senior Counsel, Crowell & Moring LLP | Vice President of Growth & Strategy, Crowell GovCon Strategies LLC

Overview

Government contractors large and small trust Per David Midboe to solve their most complex challenges in capturing and successfully performing federal work. Per regularly serves clients as a “GovCon GC,” who can quickly and effectively field complex legal questions on a broad number of government contracts, grants, and other transaction issues to timely deliver actionable, integrated solutions for the business.

Prior to joining Crowell, Per served more than 14 years as a U.S. Navy procurement lawyer, including leading the Naval Information Warfare Systems Command’s Washington, D.C. legal offices. Per also served as a senior procurement attorney and subsection head at the Naval Sea Systems Command (NAVSEA), where he directly oversaw, coached, and mentored a team of 10 program attorneys, providing legal analysis and business advice to NAVSEA contracting officers and program offices. Per’s team advised five of the Navy’s PEOs on nearly all of the Navy’s surface and subsurface weapon systems, managed a wide variety of relationships with academia via the University Affiliated Research Centers, and directly supported NAVSEA’s 10 Warfare Centers as they conducted cutting-edge naval weapons research. Through this work, Per worked closely with senior leadership clients to acquire many critical military technologies, including lasers, autonomous vessels, complex combat systems, radars/electronic warfare systems, and missile systems. These technologies are pivotal to the future of the defense industry in the majority of the DoD’s most contested battle spaces, including air, surface, subsurface, cyber, ballistic missile defense, and electronic warfare. 

Per also advised the SeaPort Program with respect to its management of the Navy-wide professional support services’ multiple-award indefinite delivery, indefinite quantity contracts, projected to buy up to $5 billion worth of support services annually for the Navy.

Building on that substantial Navy experience, Per advises clients — particularly in the defense, energy, and space sectors — on a wide range of issues under the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS). These include:

  • Organizational conflicts of interest (OCI)
  • Solicitation terms
  • Evaluation factors
  • Bidders’ Q&As
  • Request for Information (RFI) responses
  • Subcontract formation
  • Conducting discussions
  • Government data rights clauses
  • Subcontractor flow-downs
  • Procurement Integrity Act investigations
  • Debriefs

He also advises clients on contract administration disputes, including settlement and release negotiations, requests for equitable adjustment, and claims litigation. 

In doing so, Per works closely with companies of all sizes, from established players —such as major weapon systems integrators and federal research institutions — to early-stage venture-backed companies aiming to scale into the federal marketplace.

Crowell GovCon Strategies

Per also serves as the Vice President of Growth & Strategy for Crowell GovCon Strategies, an independent consulting affiliate of Crowell & Moring LLP that provides integrated business and regulatory perspectives to guide companies through the strategy, pursuit and execution of federal procurements. In that role, Per helps companies gain a “Government perspective” about how best to engage with federal customers and position themselves to succeed. Having shepherded scores of competitive and sole-source procurements from inception to award as a senior Navy procurement attorney, Per provides companies with key insights about opportunity identification, federal requirements shaping, developing relationships with key stakeholders, and complying with agency engagement rules.

Per also provides capture strategy advice and supports proposal development teams both directly and through color team reviews. As a former Navy bid protest litigator, he understands the tradeoffs (and mistakes) agencies may make in developing their evaluation records. Per has extensive experience working with technical evaluators; having trained dozens of Source Selection Evaluation Boards (SSEBs) and Source Selection Advisory Boards (SSACs) to review competitive proposals and make best value decisions. Per also has substantial experience assessing government cost realism analyses and has trained contracting officers and attorneys across numerous Department of Defense service branches on the subject. By integrating all of these perspectives, Per provides companies an opportunity to dry-run their entire proposal to gain insight into the likely Government response.

Career & Education

    • University of Virginia School of Law, J.D., 2008
      Journal of Law and Politics: managing board, production editor
      Virginia Law and Business Review: managing board, articles editor
    • University of Virginia School of Engineering and Applied Science, B.S., with distinction, mechanical engineering, 2005
    • University of Virginia School of Law, J.D., 2008
      Journal of Law and Politics: managing board, production editor
      Virginia Law and Business Review: managing board, articles editor
    • University of Virginia School of Engineering and Applied Science, B.S., with distinction, mechanical engineering, 2005
    • Virginia
    • District of Columbia
    • Virginia
    • District of Columbia

Per's Insights

Client Alert | 5 min read | 01.21.25

FAR Council Proposes Substantial Changes to OCI Regulations

On January 15, 2025, the Federal Acquisition Regulatory Council issued a Proposed Rule that would implement changes to the Federal Acquisition Regulation (FAR) Organizational Conflict of Interest (OCI) rules as required by the 2022 Preventing Organizational Conflicts of Interest in Federal Acquisition Act (P.L. 117-324).  Comments on the Proposed Rule are due on March 17, 2025.  (Note that pursuant to President Trump’s January 20, 2025 “Regulatory Freeze Pending Review” Executive Order, the Proposed Rule is subject to further review, which may result in revisions and an extension of the 60-day comment period.)...

Representative Matters

Significant Federal Procurement Matters (handled as government attorney)

  • Per advised the Ship Self-Defense System (SSDS) Program through the entire life-cycle of competing its combat systems development requirements for the first time. This included advising on the acquisition strategy, solicitation-development, Bidder’s Q&A, organizational conflict of interest analyses, evaluation of initial proposals (technical and cost), the setting of a competitive range determination, discussions, evaluation of Final Proposal Revisions, the award decision, and in-person debriefs. Per also led a three-attorney team to a successful outcome in the bid protest litigation . 
  • Per served as the primary cost-evaluation attorney for the Air Missile Defense Radar (AMDR) Engineering and Manufacturing Development and Low-Rate Initial Productions (EMD & LRIP) procurement, which was a $1.5B award that procured the Navy’s next generation ballistic missile defense/anti-aircraft warfare radar. Per received the 2014 Navy OGC Acquisition/Fiscal Law Achievement Award in connection with his work on the bid protest. 
  • Per advised the Unmanned Maritime Systems Program Office in its competitive award of two major autonomous shipbuilding/design procurements: Large Unmanned Surface Vehicle (LUSV) Concept Design contract and the Medium Unmanned Surface Vehicle (MUSV) Prototype Production contract. Although both represented new market share for the industry, the Navy awarded both without protest. 
  • Per advised the High Energy Laser with Integrated Optical-dazzler and Surveillance (HELIOS) program to award its EMD & LRIP contract, which was one of the Navy’s first Rapid Prototyping Experimentation and Demonstration (RPED) initiatives. With Per’s guidance, the Navy awarded this contract less than a year from initiation, two months ahead of schedule, and without protest. 
  • Per served as the primary cost-evaluation attorney for the Aegis Combat System Engineering Agent (CSEA) procurement, which acquired the next generation surface combatant command and control system for the U.S. Navy.

Significant Fiscal Law Experience (handled as a government attorney)

  • Per advised the NAVSEA Comptroller on the full range of fiscal law issues in nearly all of the Navy’s various appropriations, including Shipbuilding and Conversion, Navy (SCN) and the National Sea-Based Deterrence Fund. Per has also addressed “new start” issues while the Government is operating under continuing resolutions. 
  • Per worked closely with the NAVSEA Comptroller to develop Government shutdown guidance for NAVSEA’s wide range of stakeholders including: mission-funded programs and personnel, working capital fund programs and personnel, and contractor personnel.

Per's Insights

Client Alert | 5 min read | 01.21.25

FAR Council Proposes Substantial Changes to OCI Regulations

On January 15, 2025, the Federal Acquisition Regulatory Council issued a Proposed Rule that would implement changes to the Federal Acquisition Regulation (FAR) Organizational Conflict of Interest (OCI) rules as required by the 2022 Preventing Organizational Conflicts of Interest in Federal Acquisition Act (P.L. 117-324).  Comments on the Proposed Rule are due on March 17, 2025.  (Note that pursuant to President Trump’s January 20, 2025 “Regulatory Freeze Pending Review” Executive Order, the Proposed Rule is subject to further review, which may result in revisions and an extension of the 60-day comment period.)...

Recognition

  • 2021 Navy Meritorious Civilian Service Award
  • 2017 Assistant Secretary of the Navy (Financial Management & Comptroller) Team Achievement Award: Policy and Systems Category
  • 2014 Navy OGC Acquisition/Fiscal Law Achievement
  • Numerous Program Executive Office Integrated Warfare Systems (PEO IWS) Awards for Excellence

Per's Insights

Client Alert | 5 min read | 01.21.25

FAR Council Proposes Substantial Changes to OCI Regulations

On January 15, 2025, the Federal Acquisition Regulatory Council issued a Proposed Rule that would implement changes to the Federal Acquisition Regulation (FAR) Organizational Conflict of Interest (OCI) rules as required by the 2022 Preventing Organizational Conflicts of Interest in Federal Acquisition Act (P.L. 117-324).  Comments on the Proposed Rule are due on March 17, 2025.  (Note that pursuant to President Trump’s January 20, 2025 “Regulatory Freeze Pending Review” Executive Order, the Proposed Rule is subject to further review, which may result in revisions and an extension of the 60-day comment period.)...

Per's Insights

Client Alert | 5 min read | 01.21.25

FAR Council Proposes Substantial Changes to OCI Regulations

On January 15, 2025, the Federal Acquisition Regulatory Council issued a Proposed Rule that would implement changes to the Federal Acquisition Regulation (FAR) Organizational Conflict of Interest (OCI) rules as required by the 2022 Preventing Organizational Conflicts of Interest in Federal Acquisition Act (P.L. 117-324).  Comments on the Proposed Rule are due on March 17, 2025.  (Note that pursuant to President Trump’s January 20, 2025 “Regulatory Freeze Pending Review” Executive Order, the Proposed Rule is subject to further review, which may result in revisions and an extension of the 60-day comment period.)...