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Government Contracts

Contractors Can Profit When the Government Improperly Exercises Options

On Behalf of Berenzweig Leonard, LLP | September 6, 2018 | Government Contracts

As the Government Fiscal “New Year” October 1st approaches, September typically finds government contracting officers exercising options for another year of contract performance. Years of working with government contract clients and teaching government contracting officers have shown me that, often, neither party understands how an option is legally exercised. Nor…

“Voluntary” Enhanced Debriefings Cannot Extend GAO Deadlines

On Behalf of Berenzweig Leonard, LLP | August 14, 2018 | Government Contracts

An unsuccessful offeror recently learned that, although an agency can voluntarily give unsuccessful offerors debriefing information that is more than what the debriefing rules require, doing so does not change the GAO deadlines that a protester must meet. The protest involved the DoD Enhanced Debriefing Rights. Unsuccessful offerors in DoD…

BL to Host Panel Discussion on the Impact Bid Protests Have on HR Strategy

On Behalf of Berenzweig Leonard, LLP | July 26, 2018 | Employment & Labor Law , Government Contracts

On Friday, July 27th from 8-10 am, Berenzweig Leonard, LLP will be hosting a panel discussion on the impact Bid Protests have on HR Strategy. The discussion will cover upcoming legislation, the impact that bid protests have on the workforce, and HR strategy. Panelists include: Laura Giangiuli (VP & HR,…

Prime Contractors Are Responsible for Safeguarding CDI Down Their Supply Chains

On Behalf of Berenzweig Leonard, LLP | July 20, 2018 | Government Contracts

On April 2, 2018, the Department of Defense issued an extensive new set of Frequently Asked Questions (FAQs) regarding implementation of the DFARs Cybersecurity Clause (252.204-7012), NIST 800-171 and the Cloud Computing Clauses (252.229-7009 & -7010).  These FAQs shed further light on what the Department expects and will expect from…

Teaming Agreement’s “Agreement to Agree” on a Future Subcontract is Unenforceable

On Behalf of Berenzweig Leonard, LLP | July 19, 2018 | Government Contracts

On June 7, 2018, the Virginia Supreme Court issued an opinion that highlights a significant concern for subcontractors seeking to enforce a teaming agreement with its prime contractor, CGI Federal Inc. v. FCi Federal, Inc., No. 170617 (Va. June 7, 2018). The Court held that provisions in a teaming agreement about…

Lack of “Substantial Benefit” to 8(a) Invalidates 8(a) Joint Venture Agreement

On Behalf of Berenzweig Leonard, LLP | June 29, 2018 | Government Contracts

The best way a non-8(a) government contractor can get 8(a) work is to become part of an 8(a) Joint Venture (JV). But the admission ticket to this unique opportunity has a price: the 8(a) JV must provide “substantial benefit” to the 8(a). This means that the JV – particularly the…

GAO Denies Protest Challenging Awardee’s Ability to Meet Cybersecurity Requirements

On Behalf of Berenzweig Leonard, LLP | June 28, 2018 | Cybersecurity & Data Privacy , Government Contracts

As expected, the new government cyber requirements have become weapons for protests. It’s important for government contractors to see how GAO will handle these issues. In a recent GAO protest, a NOAA RFQ required that an offeror provide documentation that showed it had an awareness and capability for meeting the…

FBI Issues Alert to Cleared Defense Contractors

On Behalf of Berenzweig Leonard, LLP | June 26, 2018 | Government Contracts

On June 13, 2018, the Federal Bureau of Investigation (FBI) issued a notification containing a warning that Advanced Persistent Threat (APT) actors have targeted Cleared Defense Contractors (CDC) for attack in the near future. APT actors attempt to infiltrate contractor network systems with phishing messages, watering hole redirects and…

Awardee’s Delayed Protest Challenging Agency’s Corrective Action Denied as Untimely

by Stephanie Wilson | May 24, 2018 | Government Contracts

A contractor who waited nearly a year to protest an agency’s decision to follow the GAO’s recommendation to reevaluate proposals and make a new award decision had its protest denied as untimely by the U.S. Court of Federal Claims under the rarely-invoked doctrine of laches. This long and tortured U.S.

Successfully Protesting Organizational Conflicts of Interest

On Behalf of Berenzweig Leonard, LLP | May 24, 2018 | Government Contracts

A recent decision of the Government Accountability Office (GAO) is a good lesson for ways contractors can successfully, and unsuccessfully, deal with organizational conflicts of interest (OCI). ARES Technical Services Corporation protested a NASA award to Millennium Engineering and Integration Company (MEI), claiming that NASA did not mitigate an OCI…