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Government Contracts

What Clauses in Your Teaming Agreements Are Enforceable?

On Behalf of Berenzweig Leonard, LLP | November 9, 2016 | Government Contracts

If teaming agreements are not enforceable, are they worth the time and effort government contractors spend negotiating them? Ideally, every clause in a procurement staple like a teaming agreement should be enforceable…

New Rules Create Opportunities for Government Contractors

On Behalf of Berenzweig Leonard, LLP | September 12, 2016 | Business Litigation , Government Contracts

In the last several months, the government issued new regulations that can benefit all government contractors and especially small businesses. Berenzweig Leonard wanted to summarize them so government contractors can take advantage of these opportunities as well as be…

New Laws May Not Impact Your Existing Contract

On Behalf of Berenzweig Leonard, LLP | June 14, 2016 | Business Litigation , Government Contracts

Government contractors trying to cope with the current flood of new laws, executive orders, and regulations need to remember that these changes generally do not re-write their existing government contracts. Although the President may sign new…

Two Big Legal Developments Hit the Construction Landscape

On Behalf of Berenzweig Leonard, LLP | May 5, 2016 | Government Contracts

Two major recent changes impact the enforceability of Virginia construction contracts. These changes make certain contractual waivers “null and void” as a matter of law.First, waivers of mechanic’s lien rights executed before work begins or materials are supplied by subcontractors or material suppliers are now null and void. This change…

Reports of New Balance’s “Bribe” Claim Are Off Balance

On Behalf of Berenzweig Leonard, LLP | April 18, 2016 | Government Contracts

As government contractors are well aware, media efforts to accurately report government procurement issues are often unsuccessful. A Washington Post article inaccurately reported in 2013 that “Fewer than 15” GAO  protests, about…

If an Agency Does Not Answer Your Questions, Keep Asking

On Behalf of Berenzweig Leonard, LLP | April 15, 2016 | Government Contracts

If used wisely and persistently, the Q & A part of the solicitation process can mitigate numerous contractor risks. One of those risks is the risk of winning a contract with a vague statement of work that exposes a…

Don’t Hedge Your Bets on a Fixed-Price Bid

On Behalf of Berenzweig Leonard, LLP | March 28, 2016 | Government Contracts

Because a firm fixed-price contract commits a contractor to paying for overruns and unexpected performance costs, a bidder might be tempted to hedge its bets…

The Best Way to Negotiate a Fair Profit on Equitable Adjustments

On Behalf of Berenzweig Leonard, LLP | March 10, 2016 | Business Litigation , Government Contracts , M&A and Corporate

When the government changes a contractor’s work, the contractor is entitled to an equitable adjustment under the Changes clause for not only any increased costs but also for profit on those costs. Negotiating a fair profit presents a…

Agencies Cannot Use Their Websites as Substitutes for FedBizOpps.gov Notices

On Behalf of Berenzweig Leonard, LLP | December 18, 2015 | Government Contracts

Although government contractors have a duty to keep alert for contracting opportunities, agencies have a duty to use FedBizOpps.gov, and not their own websites, to give contractors FAR-required notice of those opportunities. Posting notices of…

Documents With Short Approval Deadlines Must Be Carefully Drafted

On Behalf of Berenzweig Leonard, LLP | December 17, 2015 | Government Contracts

Short deadlines leave little room for error. When the government gives a contractor a short document approval deadline, the contractor’s initial submission should strictly follow regulations because there may not be time for required revisions, as an 8(a) joint venture found out…