Terry E. Thomason

In the complex world of government contracts, the protest system is a particular subject of controversy and criticism. "I'd like to see a change in the perception of protests," says Terry Thomason, who has more than 30 years of experience as a procurement attorney with the Department of the Army and in private practice. "T­he public and all our legislators should know the protest system is the most effective tool in protecting against waste of public funds and ensuring compliance with the Hawaii Public Procurement Code."

Thomason's government contracts practice covers all aspects of federal, state and local procurement law, including protests, disputes, debarment actions, employee rights, wage payment laws and EEO compliance. His federal service included assignments as Deputy Legal Counsel in the Office of the Chairman of the Joint Chiefs of Staff, Labor Advisor to the Assistant Secretary of the Army, and chief counsel to the Commander, U.S. Army, Pacific.  As the Labor Advisor to the Assistant Secretary of the Army, Thomason chaired the Department of Defense Committee responsible for drafting and interpreting federal procurement regulations governing compliance with labor standards laws such as the Davis-Bacon Act, the Service Contract Act and related laws. 

A frequent speaker on government contracts and grant compliance at seminars and professional programs, Thomason is also a founding member of the Hawai`i Procurement Institute.

Practice Areas

Government Contracts
Labor and Employment

Government Contracts and Grants

  • Public contract law (federal, state, and local government contracts)
  • Solicitation evaluation and bid or proposal preparation issues
  • Preferences for Small Businesses, including Women-owned small businesses, HUBZone businesses, Veteran-owned small businesses, and 8(a) Programs
  • Labor Standards Compliance
  • Davis-Bacon Act & Hawaii "Little Davis-Bacon Act"
  • Service Contract Act
  • Affirmative Action Plans and Programs
  • Drug-free Workplace and Workforce Programs
  • Cost and Pricing Issues
  • Federal Grant Compliance Requirements

Federal, State and Local Government Contract Litigation

  • Protests against solicitation and award
  • Protests against size status
  • Contract Claims and Disputes
  • Suspension and Debarment Defense
  • Defense of enforcement actions by US DOL (OFCCP & Wage and Hour), OSHA, HIOSH, and other agencies

Labor and Employment

  • Wrongful termination
  • Equal employment opportunity (discrimination, harassment, and retaliation issues)
  • Wage and hour
  • Personnel Administration and Training
  • Individual employee rights (Whistleblower, FMLA, government provided rights)
  • Occupational Safety and Health
  • Labor Law
  • Union organizational campaigns and elections
  • Unfair labor practice proceedings
  • Back pay and special proceedings
  • Collective bargaining
  • Labor arbitration
  • Secondary boycotts and picketing

Admitted to Practice

  • Hawai`i
  • Nebraska (inactive)
  • U.S. District Court for the District of Hawai`i
  • U.S. District Court for the District of Nebraska
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Federal Claims

Affiliations

  • 2011 Hawaii Reapportionment Commission
  • Aloha Harvest
    • Director (2000 - present)
  • American Bar Association
  • American Judicature Society
    • Director (2008 - present)
  • Hawai`i State Bar Association
  • Hawaii Procurement Institute
    • Education Committee Chair (2003 - present)
  • Military officers Association
  • National Contract Management Association
  • Support Our Troops, Hawaii Chapter

Awards and Recognition

  • Best Lawyers in America®
    • 2013 Hawai`i Administrative/Regulatory Law Lawyer of the Year
    • Administrative/Regulatory Law (2010-present)
  • Chambers USA™
    • Labor and Employment

Publications

Education

  • The George Washington University School of Law, Washington, DC 
    (LL.M. in Labor Law)
  • Creighton University School of Law, Omaha, NE (J.D. cum laude)
  • United States Military Academy, West Point, NY (B.S.)
Best Lawyers in America®
  • 2013 Honolulu Administrative/Regulatory Law Lawyer of the Year