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Government Contracts

Offerors Must Make Sure All Company “Identifiers” Match

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

Any contractor working its way through registering in SAM knows how many different ways the government identifies a contractor. There is a DUNS number, a CAGE Code as well as a company name, and perhaps a doing business as (DBA) name. When a company has divisions, those numbers can be…

Bidders Are Both Helped and Hindered by the Freedom of Information Act

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

Bid proposal teams got some good news and bad news from two recent court decisions involving the Freedom of Information Act (FOIA). The good news is that their line item prices, including their mark-ups, on winning bids will rarely be seen by competitors. The bad news is that bid teams…

Vendors Must Closely Monitor Solicitations on FedBizOpps

On Behalf of Berenzweig Leonard, LLP | October 18, 2018 | Government Contracts

Because government contractors are charged with knowing what an agency has published on FedBizOpps (www.fbo.gov), they need to closely monitor relevant procurement updates on that site. A recent GAO decision gave some helpful examples of contractor “ignorance being no excuse.” The U.S. Department of Agriculture issued a solicitation for a…

FY19 NDAA Further Limits the Use of LPTA Procedures

On Behalf of Berenzweig Leonard, LLP | October 18, 2018 | Government Contracts

Because major changes in the procurement laws are difficult for Congress to pass, incremental changes tend to be made yearly in the National Defense Authorization Act (NDAA). The 2019 NDAA is no exception. One of the most significant “incremental” changes made this year involves an agency’s use of the lowest…

Typewritten Signature Is Not a Valid Electronic Signature

On Behalf of Berenzweig Leonard, LLP | September 20, 2018 | Cybersecurity & Data Privacy , Government Contracts

Now that electronic signatures are becoming common-place, government contractors need to know what qualifies as a valid electronic signature in procurement. An offer that is not properly signed could easily show that the offeror did not intent to be bound by its offer and therefore could be rejected by a…

Offerors Must Protest Allegedly Unattainable Contract Requirements Prior to Proposal Deadline

by Stephanie Wilson | September 18, 2018 | Government Contracts

Contractors are often concerned that filing a pre-award protest might hurt their relationship with the government customer and, as a result, sometimes take a risk in responding to what they think is an unclear or unattainable solicitation requirement. A recent GAO decision serves as a reminder that contractors who fail…

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…