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

  • 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
  • Contractor Alert: The Importance of Claim Certifications and Appeal Deadlines Contractors seeking to recover additional time and/or costs on government contracts typically choose to proceed with either a Request for Equitable Adjustment (REA) or a Claim.  These remedies fall under the general umbrella of the Disputes clause (FAR 52.233-1). Often times, REAs and Claims can be a study in contrasts.  From a procedural perspective, submissions to the government are the subject of numerous technical hurdles that require strict compliance.  For example, a Claim must be “certified” by the contractor if it... More
  • Size Protest Update: Can the SBA Rely on Tax Returns Filed After the Date of Self-Certification?   The baseline rule for SBA size protests is that a business’s size (for a receipts-based size standard) is determined by looking at the average annual receipts for the last three completed fiscal years.  But what if a contractor does not have a tax return on file for the most recent fiscal year? A recent Small Business Administration (SBA) Office of Hearings & Appeals (OHA) decision answered that question in a remarkably succinct way:  It Doesn’t Matter. The decision arises out of the... More
  • 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