Blog

http://governmentcontracts.foxrothschild.com/

Reggie contributes to the Federal Government Contracts & Procurement blog, addressing current and future issues affecting federal contractors and procurement professionals in both the Washington, D.C., area and throughout the United States.

Recent Blog Posts

  • GAO: Excellent Performance of Incumbent Contract Does Not Guarantee Future Follow-On Work   Every government contractor that begins performance on a new engagement has the same basic goal – superior performance that bolsters the company’s bottom line and garners excellent past performance ratings from the agency. But, when the contract ends, will your company’s status as a successful incumbent contractor increase the odds of winning future follow-on work from the agency?  While it never hurts to have exemplary past performance, GAO recently cautioned that nothing is guaranteed. The protest in question (filed by the incumbent... More
  • Fox Speaks: The Impact of the SBA’s All Small Program on the Design-Build Community Join me on Friday, November 10, 2017 to discuss the impact of the Small Business Administration’s All Small Mentor Protégé Program on the Design-Build Community.  My program is part of the Design-Build Institute of America’s Conference & Expo (Philadelphia, PA). The impact of design-build in the public sector is well documented.  Federal agencies are increasingly employing integrated delivery services on government construction projects. Now, the rise of design-build is coupled with the new opportunities (and challenges) presented by the Small Business Administration’s “All Small”... More
  • New GAO Decision Emphasizes “Should Have Known” Element of Bid Protest Timeliness The most common basis to establish timeliness for a Government Accountability Office (GAO) bid protest is found in Section 21.2 of the GAO’s regulations.  Under the regulation, the protester must file the protest “not later than 10 days after the basis of protest is known or should have been known”. Important Disclaimer:  There are plenty of other events that can trigger the running of a GAO bid protest filing deadline.  Please feel free to reach out to me directly if you... More
  • CPARS Challenge Primer: Formal Claim Required to Appeal Negative Performance Evaluation For federal contractors, it is not an exaggeration to say that performance evaluations are the lifeblood of the business.  A less-than-satisfactory evaluation in the Contractor Performance Assessment Reporting System (CPARS) affects far more than just the agency’s assessment of performance on a particular project.  A negative evaluation follows a contractor around – impacting the ability to obtain future contracts due to the specter negative past performance ratings. The good news for contractors is that the ability to challenge and – if... More
  • SBA Size Update: Strategies for Contesting Affiliation based on Economic Dependence   Today, we take a look at the culmination of a long fight over the size status of a joint venture competing for a Federal contract.  After losing battles at the Small Business Administration (SBA) Area Office and Office of Hearings and Appeals (OHA) – the joint venture finally won the war when the Court of Federal Claims (COFC) declared that SBA incorrectly applied the economic dependence test. A quick refresher on SBA economic dependence:  In a nutshell, the SBA will find two firms... More
  • Proposal Prep Tips: Better Does Not (Necessarily) Mean “Best Value” In a recent post, I discussed new legislation that could signal an uptick in Best Value procurements for complex service-based contracts.  In the view of many (including me), more Best Value RFPs is a win/win for both contractors and the government. As a quick refresher, Best Value procurements utilize a Best Value Tradeoff Analysis, which gives the agency the ability to weigh proposal costs and benefits and award the contract to the offeror that will provide the “best value” to government... More
  • Update: Fox Speaks on the SBA’s All Small Mentor-Protégé Program (8/24) A short reminder to join me on Thursday, August 24, 2017 for lunch (11:30 am to 1:30 pm) and learn about the Small Business Administration’s All Small Mentor Protégé Program. The event is sponsored by Design-Build Institute of America Mid-Atlantic and will be held at Maggiano’s in Tysons Corner. For months, we poured over the proposed and final rules – speculating about how the Program would look and operate.  Now it is here.  With the SBA accepting and processing applications at... More
  • House Bill Seeks LPTA Reform; Focus on Best Value Procurements For government contractors frustrated by Federal agencies’ use of Lowest-Price Technically-Acceptable solicitations on complex services contracts – help may be on the way. As I’ve discussed before, LPTA procurements can have a chilling effect on contractors that are able to provide increased technical benefits to the government – but at an increased price.  LPTA solicitations encourage contractors to get as lean as possible – focusing on price and only minimum technical competency. A Bill currently before the U.S. House of Representatives proposes... More
  • Government Contracting 101: GAO Requests for Reconsideration Government contractors usually find themselves appearing before the Government Accountability Office (GAO) on a bid protest for one of two reasons:  (1) you believe that the government erroneously did not award a contract to your business or (2) your business holds a contract award that is challenged by a disappointed offeror.  Either way, there is a contract on the line that likely means a great deal to you (and your business). In the past, we’ve discussed strategies for filing protests –... More
  • Fox Speaks: Unpacking the SBA’s All Small Mentor-Protégé Program Join me on Thursday, August 24, 2017 for lunch (11:30 am to 1:30 pm) and learn about the Small Business Administration’s All Small Mentor Protégé Program. The event is sponsored by Design-Build Institute of American Mid-Atlantic and will be held at Maggiano’s in Tysons Corner. For months, we poured over the proposed and final rules – speculating about how the Program would look and operate.  Now it is here.  With the SBA accepting and processing applications at a healthy clip, there... More