Government Contracts
On Behalf of Berenzweig Leonard, LLP | August 22, 2017 |
Government Contracts
A common question from subcontractors and suppliers is “what can we do when a prime contractor doesn’t pay us?” The simplest solution, calling up the contracting officer and complaining about the prime’s failure to pay, seems like a prohibited one. Subcontracts often contain a subcontractor’s promise that it will…
On Behalf of Berenzweig Leonard, LLP | August 22, 2017 |
Government Contracts
Although email has in many ways made procurement easier, like many things it has a downside. Two recent decisions of the Government Accountability Office (GAO) show how proposals got lost at the very end of the proposal preparation process and were never received by the government. Not only…
On Behalf of Berenzweig Leonard, LLP | July 19, 2017 |
Government Contracts
When an agency tries to end your GAO protest by promising to take “correction action,” should you protest the corrective action if it fails to address every one of your protest arguments? Here’s the protester’s dilemma: protesting corrective action often turns out to be premature and a waste of money;…
On Behalf of Berenzweig Leonard, LLP | July 19, 2017 |
Government Contracts
Under GAO’s rules, a protest based on grounds other than alleged improprieties in a solicitation must be filed within 10 days of when the protestor knew or should have known of the basis for the protest. An exception for this rule applies to “a procurement conducted on the basis of…
On Behalf of Berenzweig Leonard, LLP | July 18, 2017 |
Government Contracts
GAO, But Not Vendor, Can Review Classified Adverse Information It seems like basic fairness: letting offerors rebut adverse information an agency uses to find the offeror nonresponsible. But what if that information is classified? How can the integrity of the solicitation process and national security be maintained when an agency…
On Behalf of Berenzweig Leonard, LLP | June 15, 2017 |
Government Contracts
Government contractors trying to cope with the current flood of executive orders being issued by President Trump must remember that these changes generally do not rewrite their existing government contracts. Although the President may sign new Executive Orders, the terms and conditions of an existing contract do not automatically…
by Stephanie Wilson | May 15, 2017 |
Government Contracts
On April 19, 2017, President Trump signed his “Buy American and Hire American” Executive Order. The Executive Order does not actually change any existing Buy American laws, but states a renewed commitment to enforcing those laws that are already in place. Given the administration’s stated promises to promote U.S.
by Stephanie Wilson | May 12, 2017 |
Government Contracts
Two recent GAO advisory opinions serve as a warning to bidders to double-check proposal requirements for submitting their proposals. GSA recently sought proposals under the Human Capital and Training Solutions (HCaTS) small business procurement, for government-wide, multiple-award IDIQ contracts to provide training and development services across the government. The…
On Behalf of Berenzweig Leonard, LLP | April 17, 2017 |
Government Contracts
Three recent GAO decisions are good lessons on how offerors can needlessly harm their past performance evaluations. Make sure you check first with the references you intend to give to the agency. This is especially true when the agency allows you to cherry-pick which references you will give…
On Behalf of Berenzweig Leonard, LLP | April 12, 2017 |
Government Contracts
A new FAR clause makes Privacy Act training mandatory and warns contractors handling Privacy Act records that its employees are subject to criminal penalties for violating the Act. Last December, the FAR Council announced a new Privacy Training Rule (FAR 52.244-3), effective January 19, 2017, that requires all contractors and…
