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Hurricanes Helene and Milton Put a Spotlight on Disaster Response Contracting Efforts

By Steve McBrady, Peter J. Eyre, M.Yuan Zhou & Taylor McDaniels on October 11, 2024
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The federal government’s response to Hurricanes Helene and Milton will increase its reliance upon government contractor support to perform critical tasks in the coming months.  The Federal Emergency Management Agency and other federal, state, and local agencies charged with disaster response and recovery will look to contractors to provide everything from logistics to housing, construction, and security services.  National disaster contracting provides contractors with immediate opportunities to assist in the recovery effort, but given the time sensitivity, evolving customer needs, and critical nature of the work, contractors must be prepared to: (i) perform under tight deadlines and high scrutiny; (ii) seek clarity with respect to the scope of work they are asked to perform; (iii) properly manage contract and change order documentation; and (iv) maintain contract files for subsequent audits and other inquiries which can take place years after the recovery effort has ended.  One of the most common contract risks associated with disaster response efforts is the inevitable “scope creep” as contractors encounter ever-changing events on the ground, which puts an emphasis on record keeping and timely communications with government customers, to ensure payment for work performed.

In addition, when responding to disasters, agencies typically turn first to regional or local businesses to rapidly support relief efforts.  Contractors, especially small businesses getting involved for the first time, can prepare for these recovery opportunities by making sure they are registered in SAM.gov and added to the Disaster Response Registry.  Additional information on participating in the Disaster Response Registry is available here:  Disaster Response Registry | Acquisition.GOV

Photo of Steve McBrady Steve McBrady

Steve McBrady is a partner and co-chair of Crowell & Moring’s Government Contracts Group. He also serves as a member of the firm’s Finance and Strategic Growth Committees, where he has played a leading role in expanding client service offerings throughout the U.S.…

Steve McBrady is a partner and co-chair of Crowell & Moring’s Government Contracts Group. He also serves as a member of the firm’s Finance and Strategic Growth Committees, where he has played a leading role in expanding client service offerings throughout the U.S., Europe, Asia, and the Middle East.

In recent years, Steve has received the National Law Journal’s “Winning Litigator” award as a lawyer who has “tackled some of the most widely watched cases of the year,” as well as the “D.C. Trailblazer” award, recognizing lawyers who have “made significant marks on the practice.” In 2018, he was named “Government Contracts MVP” by Law360.

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Photo of Peter J. Eyre Peter J. Eyre

Peter J. Eyre is a partner and co-chair of Crowell & Moring’s Government Contracts Group. He is also a member of the firm’s Management Board. Peter was named to BTI Consulting Group’s list of “Client Service All-Stars” in 2016, 2017, and 2019 and…

Peter J. Eyre is a partner and co-chair of Crowell & Moring’s Government Contracts Group. He is also a member of the firm’s Management Board. Peter was named to BTI Consulting Group’s list of “Client Service All-Stars” in 2016, 2017, and 2019 and has been named an Acritas Star, Acritas Stars Independently Rated Lawyers (2016, 2017, 2019). He is nationally ranked by Chambers USA in Government Contracts since 2014, and by Super Lawyers since 2017.

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Photo of M.Yuan Zhou M.Yuan Zhou

M. Yuan Zhou is a counsel in the Washington, D.C. office of Crowell & Moring, where she is a member of the firm’s Government Contracts Group.

Yuan’s practice includes a wide range of investigatory, counseling, and transactional capabilities, including: internal investigations related to…

M. Yuan Zhou is a counsel in the Washington, D.C. office of Crowell & Moring, where she is a member of the firm’s Government Contracts Group.

Yuan’s practice includes a wide range of investigatory, counseling, and transactional capabilities, including: internal investigations related to the False Claims Act, the Procurement Integrity Act, and other civil and criminal matters; compliance reviews and enhancing contractor compliance programs; representing clients in suspension and debarment proceedings; counseling on data rights issues, challenges, and disputes; mandatory disclosures; and providing government contracts due diligence in transactional matters. As part of the firm’s State and Local Practice, Yuan also counsels clients on state and local procurement issues, ranging from bid protests to contract negotiations with state agencies, and advises prime contractors and subcontractors on a variety of issues including prime/sub contract formation, disputes, and other government contracts issues.

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  • Posted in:
    Administrative, Corporate Compliance
  • Blog:
    Government Contracts Legal Forum
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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