The Federal Government Contracts & Procurement Blog

https://governmentcontracts.foxrothschild.com/

To help clients avoid risks and perform successfully in the hyper-competitive environment of government contracting, The Federal Government Contracts & Procurement Blog addresses current and future issues affecting federal contractors and procurement professionals in both the Washington, D.C., area and throughout the United States. It provides insight on the complex web of rules and regulations that govern the procurement process.

Recent Blog Posts

  • GAO: Agency Reasonably Concerned Over Lack of Price Increases   We often discuss the need for government contractors to Read and React when responding to a solicitation:  (1) Read the RFP and understand all of the requirements and limitations and (2) React to the RFP’s evaluation scheme by playing the appropriate strengths and minimizing weaknesses.  And sometimes, the best reaction is knowing the value of beefing up your proposal in the right areas — even when it will increase your overall price. The best example when it comes to shifting proposal... More
  • Fox Speaks: Government Record Retention under the FAR This Thursday, June 29 (1:00 – 2:30 EST), I will be hosting a webinar to discuss document retention requirements for government contractors. Implementing corporate document retention policies is an essential business practice for two reasons: First, there is a legal duty for contractors to comply with contractual document retention requirements.  If the government requests to inspect your company’s records (for example, as part of a DCAA audit) and they are not available, it opens the door to some serious negative consequences (like... More
  • GAO Offers Insight into Winning (and Losing) Bid Protest Arguments Government contractors know the odds on GAO bid protests – are they are not all that good.  Even with a noticeable uptick, the statistics reveal that less than 1/4 (about 23%) of all bid protests were sustained in FY 16.  Even factoring in voluntary agency corrective action, the odds of a positive outcome are still worse than a coin flip (about 46%). So, the question is how can you make those odds work for your business? First, pick the right battle.  As I discuss... More
  • Late is Late: A Guide to Delivering Electronic Proposals on Time This is not a unique story – but there is still a lesson for Federal contractors to learn. A recent GAO decision considered an electronic proposal submitted by email just prior to the 4:00 p.m. deadline.  Although the contractor beat the clock, the proposal did not arrive in the contracting officer’s electronic mailbox until about two hours later – after the deadline. The Federal Acquisition Regulation (FAR) takes a hardline (but easy to follow) position on untimely proposal submissions.  Late is Late.  With... More
  • FAR 52.204-21 and the Future of Federal Cybersecurity Enforcement   Earlier this month, we had the pleasure of opening the 2017 Associated General Contractors of America Federal Contractor Conference in Washington, DC with a presentation focused on the emerging issue of Cybersecurity in Federal contracting.  Data breaches are big news in the private sector, but the issue has remained somewhat under the radar for public contracts – until now. New rules and regulations (with the imminent promise of more on the way) are setting the stage for Cybersecurity to be the next big government... More
  • Government Contracting 101: Duty of Good Faith and Fair Dealing The contractual duty of “good faith and fair dealing” is well established in private contracts.  Depending on your jurisdiction, there is very likely either a formal or an informal rule that parties to a contract must deal with each other honestly and in good faith.  This is (usually) not a written contract term – rather, the duty is implied automatically in order to reinforce the parties’ intent when entering into the agreement. But, did you know that the same kind of... More
  • Fox Speaks: Cybersecurity and More Regulations that Federal Contractors Need to Know I’d like to you invite you to join Fox’s Government Contracts team of Reggie Jones, Doug Hibshman and Nick Solosky at the upcoming 2017 Associated General Contractors of American Federal Contractor Conference in Washington, DC. We will lead a presentation and discussion entitled “Updated Federal Regulations Contractors Must Know – Cyber Security, Ethics & Compliance, SBA All-Small Program & More,” from 3:30 to 5:30 p.m. on Monday, May 1, 2017. The presentation will offer insights into the new cybersecurity requirements facing federal... More
  • Proposal Prep Tips: Real vs. Imagined Past Performance Experience A response to an RFP is the government contractor’s chance to put its best foot forward and stand out from the crowd.  Particularly when it comes to best value procurements, this is your chance to tell the contracting officer that your company does it best (whatever it is). But, a recent bid protest decision reminds us that contractors must carefully walk the line between well-deserved boasting and playing make-believe. The protest concerns a U.S. Department of the Navy IDIQ contract.  The RFP required contractors to... More
  • Contractor Alert: Beware Non-Performance during Contract Disputes Government contractors must be prepared to perform their Federal contracts – even in the face of a dispute with the government over essential contract terms.  Failing to perform can have devastating consequences, including default termination. In a recent case before the Armed Services Board of Contract Appeals, the Board considered a U.S. Army Corps of Engineers’ contract for HVAC system upgrades.  After the contract was awarded, the contractor promptly raised concerns over the Agency’s design.  The Agency acknowledged the disagreement, but... More
  • Waiver at Time of Request for Final Payment Dooms Contractor’s Claim Government contractors need to be conscious of the paperwork they sign on Federal contracts.  Signing a waiver or release of claims at any point during a project can result in a lost opportunity to recover damages – even if the event giving rise to those damages was already discussed in detail with the Contracting Officer. In a recent post, we discussed the hazard associated with bilateral project modifications.  Even when a modification includes requested relief (like a time extension), it also likely... More