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

  • Contractor Alert: Mandatory WOSB Certification Deadline Pending The Small Business Administration (SBA) finally put an end to self-certifications for the Woman-Owned Small Business Program (WOSB).  Starting now and continuing through October 15, 2020, federal contractors that want to perform future WOSB set-aside contracts must complete the certification process at www.certify.sba.gov. Why Require Formal Certification? The WOSB Program aims to award at least five percent of all federal contracting dollars to woman-owned small businesses each year (including exclusive set-aside contracts in under-represented industries).  But recent studies show that those awards... More
  • Upcoming Webinar: Federal Relief for COVID-19 – Protecting Against the Increased Risk of False Claims Please join my colleagues Reggie Jones and Diana McGraw tomorrow for an upcoming webinar covering the CARES Act, the Paycheck Protection Program, and the heightened risk of Federal enforcement:  Federal Relief for COVID-19: Protecting Against the Increased Risk of False Claims. The webinar draws on the lessons of the Great Recession concerning the increased scrutiny that falls on businesses that accept federal relief funds.  During the program, Reggie and Diana will discuss the history of the civil and criminal False Claims... More
  • Utilizing Enhanced Debriefing Procedures to Maximize GAO Bid Protest Effectiveness Contractors filed 2,071 bid protests at GAO  in 2019– the lowest number in five years. One possible cause for the decline is the Department of Defense’s enhanced debriefing procedures.  Enhanced debriefings mean that contractors have greater access to information before the GAO’s short-fuse filing deadline and can make better-informed decisions regarding protests. Importantly, the enhanced procedures also permit contractors to ask targeted questions regarding the agency’s source selection decision. By understanding how to take advantage of debriefings and ask good questions, contractors can... More
  • 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