Bailey & Bailey, P.C. 


Theodore M. Bailey


Mr. Theodore Bailey is a highly qualified and experienced litigator and attorney representing federal contractors doing business with the Federal Government since 1973. Mr. Bailey began his career in federal procurement law as an Air Force Judge Advocate General attorney rising ot the position of Senior Trial Attorney before leaving the Air Force for private practice in 1984. As a litigator, Mr. Bailey's daily practice particularly focuses on contract claims, and prime/subcontractor disputes. As a legal advisor, Mr. Bailey's daily practice involves contract and teaming agreement drafting as well as in-depth analysis and advice of contract documents, and federal contracting regulations including the FAR, SBA's regulations and the Department of Labor's Davis-Bacon and Service Contract Act regulations. Mr. Bailey's extensive experience makes him uniquely qualified to advise your company through the many problems in public contracting.

Mr. Bailey's experience and expertise include:

  • Preparing and prosecuting contract claims, including complex construction claims;
  • Drafting and negotiation of teaming agreements, confidentiality agreements, and subcontracts relating to federal and state public contracts;
  • Advising clients on and preparing SBA 8(a) Program applications, drafting 8(a) Mentor-Protégé agreements, and representing 8(a) Program participants with respect to continuing eligibility and challenges to that eligibility;
  • Prosecution and defense of size protests and NAICS appeals;
  • Handling HUBZone status protests;
  • SDVO status protests and other administrative litigation relating to SBA programs;
  • Advice and representation before SBA with respect to the HUBZone Program, the Service Disabled Veteran Owned-Business Program, and the Woman Owned Business Program;
  • Defense of contractors in suspension and debarment proceedings;
  • Representation of contractors in Service Contract Act and Davis-Bacon Act violation proceedings before the Department of Labor;
  • Handling EEOC complaints arising out of the performance of federal contracts.

Mr. Bailey earned his undergraduate degree at the Colgate University in 1969 and obtained his law degree from the University of Illinois Law School in 1972. Mr. Bailey was admitted to practice law by the State Bar of Texas in 1975. He is presently admitted to practice before the following Federal Courts: United States Court of Appeals for the Federal Circuit, United States Court of Appeals for the Fifth Circuit, United States Court of Federal Claims, United States District Court for the Western District of Texas, and United States District Court for the Northern District of New York, and United States District Court for the Northern District of Florida.

Areas of Practice

  • Contract Claims
  • Prime/Subcontractor Disputes
  • Contract and Teaming Agreement Drafting

Litigation Percentage

  • 95% of Practice Devoted to Litigation

Bar Admissions

  • Texas, 1975
  • New York, 1973
  • U.S. District Court Northern District of New York, 1973
  • U.S. District Court Western District of Texas, 1985
  • U.S. Court of Federal Claims, 1984
  • U.S. Court of Appeals Federal Circuit
  • U.S. Court of Appeals 5th Circuit
  • U.S. District Court Northern District of Florida


  • University of Illinois College of Law, Champaign, Illinois
    • J.D., Doctor of Jurisprudence - 00/1972
    • Honors: magna cum laude
    • Honors: 2nd of 187
  • Colgate University, Hamilton, New York
    • B.A., Bachelor of Arts - 00/1969
    • Honors: cum laude
    • Honors: With Honors in Economics

Published Works

  • The Constitutional Standards for the Content of College Disciplinary Regulations, University of Illinois Law Review, No. 2, 1971
  • Class Actions in Patent Suits: An Improper Method of Litigating Patent?, University of Illinois Law Review, No. 3, 1971
  • The History of Payments for Pain and Suffering, (Co-Author: Prof. Jeffrey O'Connell), University of Illinois Law Review, pp. 83-109, No. 1, 1972

Past Employment Positions

  • Air Force, Air Force Judge Advocate General attorney

Practice Areas

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