The Federal Government Contracts & Procurement Blog

http://governmentcontracts.foxrothschild.com/

Nicholas 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

  • COVID-19 and Government Contracting Best Practices: Part 3 – Government Response and Contract Management COVID-19 or the Coronavirus is having an unprecedented and, frankly, previously unimaginable global impact.  Please click here to visit Fox’s Coronavirus Resource Center for links to free webinars and articles offering practical guidance to companies of all sizes on a variety of legal issues. Government contractors are already feeling the effects of the pandemic.  Breakdowns in the global supply chain, labor shortages, and regional lock downs are already delaying federal projects across the country and around the world.  These are extraordinary... More
  • COVID-19 and Government Contracting Best Practices: Part 2 – Recovering Extra Costs COVID-19 or the Coronavirus is having an unprecedented and, frankly, previously unimaginable global impact.  Please click here to visit Fox’s Coronavirus Resource Center for links to free webinars and articles offering practical guidance to companies of all sizes on a variety of legal issues. Government contractors are already feeling the effects of the pandemic.  Breakdowns in the global supply chain, labor shortages, and regional lock downs are already delaying federal projects across the country and around the world.  These are extraordinary... More
  • COVID-19 and Government Contracting Best Practices: Part 1 – Excusable Delay Claims COVID-19 or the Coronavirus is having an unprecedented and, frankly, previously unimaginable global impact.  Please click here to visit Fox’s Coronavirus Resource Center for links to free webinars and articles offering practical guidance to companies of all sizes on a variety of legal issues. Government contractors are already feeling the effects of the pandemic.  Breakdowns in the global supply chain, labor shortages, and regional lock downs are already delaying federal projects across the country and around the world.  These are extraordinary... More
  • Join Us for the Fox Rothschild Federal Contracts Symposium Please join us for Fox Rothschild’s Federal Government Contracts Symposium on March 30-31, 2020 at The Mayflower Hotel in Washington, D.C. Space is limited, so please use this link to register and view the complete itinerary. Symposium attendees will receive targeted sessions from Fox’s Government Contracts attorneys on cutting edge issues in government contracting. In addition, the Symposium will include a Keynote presentation by Patrick J. Fitzgerald, Director at Baker Tilly and former Director of the Defense Contract Audit Agency at the Department of... More
  • GAO Issues Surprising Decision Downplaying Impact of Alleged OCI Organizational conflicts of interest (or “OCI”) generally exist when one party has access to nonpublic information as part of its performance on a government contract. OCI — or even the appearance of OCI — can be a landmine for Federal contractors.  Unresolved OCI can lead to exclusion from a contract competition, contract termination, and even suspension / debarment. OCI Basics OCI can arise in many different shapes and sizes.  Sometimes, a mitigation plan is sufficient to wall off the conflict.  Other times, the... More
  • Proposal Prep: Assessing the ‘Key Experience’ Factor in Bid Protests Responding to agency Requests for Proposals (RFP) is an exercise in playing follow-the-leader.  Contractors should take care to : Read the RFP Understand the information requested by the agency; and Provide that information in a clear and concise manner. The common thread for RFPs across all procurement types is to deliver the exact information requested by the agency – and in exact format requested. Proposal content forms a common basis for bid protests.  Here is the typical scenario:  The contractor argues that the agency overlooked... More
  • Protesting Improper Conversions from Best Value to LPTA Best Value and Lowest Price Technically Acceptable (LPTA) procurements trigger very different bidding obligations for contractors. As I’ve detailed in this space before, Best Value procurements place limited importance on price.  While cost is (always) a factor, a bidder can overcome a higher price by demonstrating its technical expertise and ability to add value for the agency.  LPTA procurements, on the other hand, place an absolute premium on the ability to perform the work for the lowest possible price. Decisions from the... More
  • COFC Highlights Importance of Proving Damages in CDA Claims Contract Disputes Act (CDA) claims offer Government Contractors the opportunity to recover costs incurred due to Government-caused changes or delays.  While the initial focus often rests on proving liability, a recent Court of Federal Claims (COFC) decision highlights the danger of failing to prove entitlement to damages. In other words, claims can present the danger of winning the battle . . . only to lose the war. The Federal Protective Service (FPS) awarded a contract for administrative support services personnel.  The contract... More
  • Contractor Alert: New Year, New HubZone Program Regulations The Small Business Administration (SBA) just rolled out a series of significant changes to the Historically Underutilized Business Zone (HUBZone) Program.  The Final Rule is found here and is now in effect (and has been since December 26, 2019). The aim of the HUBZone Program is to encourage small business participation in specific geographic areas identified by the Government.  In order to take advantage of the Program’s set-aside contracting opportunities, a business must not only be located in the underutilized area,... More
  • SBA Adjusts Size Standards Based on Inflation For the first time since 2014, the Small Business Administration (SBA) adjusted size standards for small businesses to keep pace with inflation.  Initially posted by the SBA for public comment back in June, the interim rule went into effect on August 19, 2019. According to SBA, the change “restores small business eligibility in real terms to businesses that have grown above the existing size standard due to inflation-led revenue growth rather than due to increased business activity.” For those readers in the... More