News | Oct. 6, 2016

Attorney bids farewell after 36-year career

By Amy T. Clement DLA Aviation Public Affairs

Defense Logistics Agency employees on Defense Supply Center Richmond, Virginia bid farewell to one of the installation’s legal icons at the historic Bellwood Club Sept. 29.
 
Donald Tracy, deputy chief counsel, DLA Counsel – Aviation, bid farewell to his colleagues and friends in a retirement ceremony celebrating his 36-year legal career, all on DSCR.

Air Force Brig. Gen. Allan Day, DLA Aviation and base commander, who officiated the ceremony, shared some of the highlights of Tracy’s three-and-a-half-decade career, sighting some of the many notable federal court cases where Tracy represented DLA in precedent cases including:  Rumsfeld v. Applied Cos., Inc. (1983); Pollard v. Grinstead (1984); DCX, Inc. v. Perry (1996); and Tesoro Hawaii Corp. V. United States (2005).

The general thanked Tracy and the 20 lawyers on Tracy’s team, including five who are located at DLA Aviation’s Procurement Operation sites in Philadelphia; Huntsville, Alabama; Warner Robins, Georgia; Ogden, Utah, and Oklahoma City.
 
DLA Counsel – Aviation attorneys practice areas are primarily in acquisition, personnel, fiscal, ethics, fraud, and environmental laws and the Freedom of Information Act.

“Don appears as counsel in 39 reported decisions of the Armed Services Board of Contract Appeals, and as co-counsel in 21 published decisions in federal court,” Day said.

One of Tracy’s most noted cases took place from May 2002 to December 2006, when he assisted DLA Counsel - Energy and Department of Justice attorneys in representing DLA Energy in extensive jet fuel litigation before the U.S. Court of Federal Claims and the U.S. Court of Appeals for the Federal Circuit.
 
The litigation, in which 29 refiners and suppliers of jet fuel and other products challenged the legality of economic price adjustment clauses in DLA Energy’s long-term contracts, involved over $3 billion in claims.  Tracy received the Exceptional Civilian Service Award from the DLA director and a letter of commendation from the assistant attorney general for the Civil Division of the Department of Justice in recognition of his work on that case,” Day said.

During his career, Tracy served as the senior acquisition law adviser for DLA Aviation’s demand and supply chain management operations where he managed a program of acquisition-related legal services for DLA senior officials and logistics managers at all levels of the command.
 
“He advised thousands of us on questions of law and administrative policy concerning pre-and post-award issues, represented DLA in bid protests litigated before the Government Accountability Office, and assistance to the U.S. Department of Justice in bid protest litigation before the U.S. Court of Federal Appeals,” Day said.

Tracy thanked his mentors, supervisors and colleagues over the years as he made remarks. He also lauded his teammates, as well as DLA Aviation employees and senior leaders saying, “I’m awed by your knowledge and expertise and how mission focused you all are. I’ve learned a great deal from all of you over the years and hope that I’ve contributed in some way to accomplishing your mission.”

Tracy asked his office to stand for recognition and praised them for all of their hard work. “When I read a brief or opinion or other legal work that has been produced in my office, I wouldn’t hesitate to match it up against work by the top law firms and it often is matched up against them in a GAO protest or [Armed Services Board of Contract Appeals] or [Merit System Protection Board]) case.  It has been an honor to be the leader of this group,” he said.

“As I retire from federal service, I’m confident DLA Aviation will continue to play a vital role in our national defense and many of the folks in this room and in our legal office will be a big part of that success and future,” Tracy said.
 
A native of Alexandria, Virginia, Tracy joined DLA Aviation in 1980 as an assistant counsel at what was then known as the Defense General Supply Center.  From 1986 to 1987, he served as the first fraud counsel at DGSC.  From 1987 to 2006, he served as the chief trial attorney for DLA Aviation.
 
Tracy received a Bachelor of Arts from Old Dominion University in Norfolk, Virginia, in 1976; a Juris Doctor from the University of Dayton University, Ohio, School of Law in 1980; and is a member of the Virginia State Bar.