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“Contract Vehicles” – Know the Different Rules Before You Bid

On Behalf of Berenzweig Leonard, LLP | November 15, 2017 | Government Contracts

It is important for contractors to understand the differences between “contracts” and “agreements.” The rules for winning and performing these contract vehicles can vary widely and are spread over numerous FAR sections. These different rules present risks to vendors who assume that the FAR rules for an agreement are similar…

New Senate Bill Aimed at Reducing Number of “Frivolous” Protests

by Stephanie Wilson | October 16, 2017 | Government Contracts

The U.S. Senate recently passed its proposal for the 2018 National Defense Authorization Act (“NDAA”). The Senate’s version of this bill proposed several significant changes aimed at reducing the number of “frivolous” and speculative protests against Defense procurements filed at the U.S. Government Accountability Office (“GAO”). To provide offerors with…

What Types of Procurements Open the Door to Required Debriefings?

On Behalf of Berenzweig Leonard, LLP | October 16, 2017 | Government Contracts

Debriefings – already an important part of the solicitation process – may become even more valuable if the Senate’s proposal for the 2018 National Defense Authorization Act to provide even more information in DoD procurement debriefings becomes law. (Read our write-up of this proposed legislation here.) Whether the proposed…

Nick Johnson Receives “Up & Coming Lawyers” Award

On Behalf of Berenzweig Leonard, LLP | October 3, 2017 | Firm News

Berenzweig Leonard is pleased to announce that attorney Nick Johnson has been named to the 2017 class of “Up & Coming Lawyers” by Virginia Lawyers Media, the publisher of Virginia Lawyers Weekly. This awards program, started last year, recognizes lawyers across the commonwealth who are making their mark within their…

Nick Johnson Receives “Up & Coming Lawyers” Award

On Behalf of Berenzweig Leonard, LLP | October 3, 2017 | Firm News

Berenzweig Leonard is pleased to announce that attorney Nick Johnson has been named to the 2017 class of “Up & Coming Lawyers” by Virginia Lawyers Media, the publisher of Virginia Lawyers Weekly. This awards program, started last year, recognizes lawyers across the commonwealth who are making their mark within their…

GAO’s Strict “Late is Late” Approach Applies to Protest Comments, Too

On Behalf of Berenzweig Leonard, LLP | September 18, 2017 | Government Contracts

Many contractors are aware of FAR 52.212-1(f)(2), which states that proposals received by the Government after the time specified in the solicitation are late and will not be considered, but for a few very limited exceptions explicitly set forth in the FAR. GAO strictly enforces this “late is late” rule…

“Quotes” vs. “Offers” – It Pays to Know the Difference!

On Behalf of Berenzweig Leonard, LLP | September 18, 2017 | Government Contracts

Although a government solicitation might incorrectly use the terms “quote” and “offer” interchangeably, vendors must know the difference between these two distinct terms. It can be the difference between getting the work and losing it. A situation demonstrating the importance of this difference is discussed in a GAO decision of…

A Little-Known Way The SBA Can Help a Small Business Win a Contract

On Behalf of Berenzweig Leonard, LLP | September 15, 2017 | Business Litigation , Government Contracts

A government contractor can lose a contract generally in two ways. First, the government can find the offer to be not responsive or acceptable. Second, the government could find the offer acceptable but the offeror not responsible. Many small businesses know that the SBA can help if an agency denies…

When The Government Attacks Journalists

On Behalf of Berenzweig Leonard, LLP | August 30, 2017 | Business Litigation

The First Amendment commands the Government shall make no law abridging freedom of the press.  Early American history shows that Government efforts to inhibit the press have failed badly.  In 1798, the governing Federalist Party promoted the Alien and Sedition Acts, which criminalized any criticism of the President and Congress. …

FAR Provisions Help Subcontractors Get Paid

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…

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