Jennifer L. Dauer

Jennifer L. Dauer


Jennifer L. Dauer's Profile Image
Phone: 916.492.5073
Bio Representative Matters Speaking/Writing Of Note

Jennifer L. Dauer is a partner at Diepenbrock Elkin Gleason LLP, focusing on government contract law.  She has a Martindale-Hubbell rating of AV Preeminent Lawyer.  Her practice involves the representation of prime contractors, subcontractors, disabled veteran business enterprises, disadvantaged business enterprises, school districts, and other public and private entities.  She represents clients in all types of government contracts, including public works (construction) contracts, services contracts, purchases, and information technology contracts. She assists her clients with drafting contract documents, preparing bids and proposals, pursuing federal and state bid protests, resolving contract performance disputes, making contract claims, addressing contract termination issues, and pursuing False Claims Act litigation. She also represents businesses in general commercial disputes, and has assisted clients with voluntary disclosure and resolution of False Claims Act violations. Ms. Dauer regularly represents her clients in writs of mandate and appeals in both state and federal courts.

Ms. Dauer is admitted to practice before all California state courts and all United States District Courts in California. She is admitted to the United States Court of Appeals for the Ninth Circuit. She also is admitted to the United States Court of Federal Claims and the United States Court of Appeals for the Federal Circuit.

Ms. Dauer received a bachelor’s degree in Business Economics from the University of California, Los Angeles in 1992. In 1995, she received her J.D. degree from the University of California, Davis School of Law, where she was elected to the Order of the Coif and served as an articles editor of the U.C. Davis Law Review.

Ms. Dauer is active in the American Bar Association Section of Public Contract Law, including serving as an officer of that Section.  She is also a member of the American Bar Association Forum on the Construction Industry and the Associated General Contractors of California Legal Advisory Committee.

Business

Regularly advise clients regarding substitution of listed subcontractors under Subletting and Subcontracting Fair Practices Act, including representing clients in contested substitution hearings.

Assisted contractor in preparation of claim for submittal to CalTrans Dispute Resolution Board.

Represented levee contractor in preparing claims to Sacramento Area Flood Control Agency.

Regularly advise public owners and contractors regarding public owner contracting authority, void contract rule, and false claims.


Construction

Regularly advise clients regarding substitution of listed subcontractors under Subletting and Subcontracting Fair Practices Act, including representing clients in contested substitution hearings.

Regularly advise owners and bidders regarding bringing and responding to bid protests, including drafting and responding to detailed statements of protest and pursuing writs of mandate, where appropriate. 

Regularly advise public owners and contractors regarding public owner contracting authority, void contract rule, and false claims.

Revised standard subcontract terms for prime contractor.

Regularly prepare and update Site Leases and Facilities Leases for school districts’ and County Office of Education lease-leaseback projects.

Regularly draft, review and update construction contract general terms and conditions and special conditions for both public and private works projects.

Assisted in representing State agency in defending against claim for breach of contract for default termination, and in recovering additional costs of completion.

Represented major construction contractor in resolving multi-party dispute over design and construction of water treatment plant, while avoiding contract termination.

Represented city on claim for payment by contractor on public works contract terminated for convenience.


Government Contracts

Advised client in preparing bid to administer California “LifeLine” program.

Represented marina concession contractor in litigation challenging State’s early termination of its contract.

In writ of mandate action, successfully represented bidder challenging denial of bid protest of contract for drug and alcohol diversion program monitoring and testing.

Represented multiple contractors before California Department of Corrections and Rehabilitation’s Audit Review Committee in resolving disputes over payments on contracts for counseling and housing services for parolees.

Successfully represented small business in federal bid protest on set-aside contract for review of medical billings.

Represented seller in negotiating agreement for local public entity’s purchase of a composting system and associated support.

Represented fire retardant manufacturer challenging U.S. Forest Service restrictions on fire retardant at U.S. GAO, Court of Federal Claims, Court of Appeals for the Federal Circuit, Arizona District Court, and Ninth Circuit Court of Appeals.

Represented bidder protesting award of statewide fuel supply contract awarded using reverse auction methodology and obtaining settlement following protest hearing.

Represented bidder protesting and securing award of contract for sale of medical beds to the State.

Regularly advise clients regarding substitution of listed subcontractors under Subletting and Subcontracting Fair Practices Act, including representing clients in contested substitution hearings.

Assisted contractor in preparation of claim for submittal to CalTrans Dispute Resolution Board.

Represented levee contractor in preparing claims to Sacramento Area Flood Control Agency.

Regularly advise owners and bidders regarding bringing and responding to bid protests, including drafting and responding to detailed statements of protest and pursuing writs of mandate, where appropriate. 

Regularly advise public owners and contractors regarding public owner contracting authority, void contract rule, and false claims.

Represented Disabled Veteran Business Enterprise (DVBE) in litigation and negotiating settlement of termination for convenience on State software development contract.

Represented clients in protesting intended award on major State IT systems procurement and securing a re-bid.

Advised client on pre-bid questions and other procedures as part of major State IT system procurement under Public Contract Code section 6611.

Assisted in representing contractor on major software development contract both before termination and in post-termination litigation, recovering from State for termination following trial.

Defended one owner against False Claims Act allegations brought against him due to conduct at methadone clinic being managed by another owner.

Represented medical clinics in voluntary disclosures to the federal government upon discovery of false claims by employees.

Defeated, on summary judgment, allegations that construction contractor had submitted false claims, including through change order requests.

Represented city in bringing false claims allegations against construction contractor for deliberate overstatements of work performed in progress payment requests.

Represented Minority- and Woman-Owned Business in successfully challenging rejection of certification by CalTrans.

Regularly advise disadvantaged businesses in complying with requirements for DGS and/or federal Veterans’ Administration certification.

Successfully represented Disabled Veteran Business Enterprise (DVBE) in challenging California Department of General Services (DGS) refusal to renew DVBE certification.

Represented contractor in defending against bid protest and securing construction work, and assisted contractor in negotiating claims with public owner following construction.

Successfully represented second-low bidder in bid protest challenging low bidder as not being responsible bidder.


Litigation

In writ of mandate action, successfully represented bidder challenging denial of bid protest of contract for drug and alcohol diversion program monitoring and testing.

Represented amicus curiae in assisting city to reverse a writ of mandate that found city had rejected bidder on public works project improperly, raising an issue of responsiveness versus responsibility. Vinciguerra v. City of San Luis Obispo, 2012 WL 2878197 (July 16, 2012) (unreported).

Successfully represented bidder overturning dismissal for lack of jurisdiction of challenge to U.S. Forest Service rule as violating Administrative Procedure Act. Fire-Trol Holdings LLC v. United States Forest Service, 209 Fed. Appx. 625 (9th Cir. 2006) (unpublished).

Successfully represented school district in defending against writ of mandate challenging authority to use Construction-Manager-at-Risk methodology.

Successfully represented bidder denied its statutory bid protest right by State. United Systems of Arkansas v. Stamison, 63 Cal. App. 4th 1001 (1998).

Successfully represented qui tam relator on False Claims Act complaint in overturning refusal to remand to state court for lack of diversity jurisdiction. State of California ex rel. Service Disabled Veterans Telecommunications v. MCI Telecommunications Corp., 185 F.3d 868 (9th Cir. 1999) (unpublished).

Assisted in representing State agency in defending against claim for breach of contract for default termination, and in recovering additional costs of completion.

Represented major construction contractor in resolving multi-party dispute over design and construction of water treatment plant, while avoiding contract termination.

Represented city on claim for payment by contractor on public works contract terminated for convenience.

Ms. Dauer is active in the American Bar Association Section of Public Contract Law as a vice chair of the State and Local Procurement Division, vice chair of the Federal, State and Local Government Attorneys Committee and vice chair of the Model Procurement Code Committee. She also is a member of the American Bar Association Forum on the Construction Industry and the Associated General Contractors of California Legal Advisory Committee.  She actively participates in TechAmerica.

JENNIFER'S NEWS

 

EDUCATION

University of California, Los Angeles
B.A., Business Economics, 1992

University of California, Davis, School of Law (King Hall)
J.D., 1995

 

ADMISSIONS

California (1995)

U.S. District Courts for the Eastern District of California, Northern District of California, Southern District of California, Central District of California

U.S. Court of Federal Claims

U.S. Courts of Appeals for the Ninth Circuit and Federal Circuit

U.S. Supreme Court

 

PRACTICE AREAS

Construction

Government Contracts

Litigation

 

 

 

 

Diepenbrock Elkin Gleason LLP
500 Capitol Mall
Suite 2200
Sacramento, CA 95814
Phone: 916.492.5000
Fax: 916.446.2640