Now Available: Federal Contractors’ Guide to Coronavirus Contract Impacts
Latest from The Federal Government Contracts & Procurement Blog
POSTPONED: Federal Government Contracts Symposium
Now Available: Federal Contractors’ Guide to Affirmative Action Plans
Join Us for the Fox Rothschild Federal Contracts Symposium
Please join us for Fox Rothschild’s Federal Government Contracts Symposium on March 30-31, 2020 at The Mayflower Hotel in Washington, D.C.
Space is limited, so please use this link to register and view the complete itinerary.
Symposium attendees will receive targeted sessions from Fox’s Government Contracts attorneys on cutting edge issues in government contracting.
In addition, the Symposium will include a Keynote presentation by Patrick J. Fitzgerald, Director at Baker Tilly and former Director…
GAO Issues Surprising Decision Downplaying Impact of Alleged OCI
Organizational conflicts of interest (or “OCI”) generally exist when one party has access to nonpublic information as part of its performance on a government contract.
OCI — or even the appearance of OCI — can be a landmine for Federal contractors. Unresolved OCI can lead to exclusion from a contract competition, contract termination, and even suspension / debarment.
OCI Basics
OCI can arise in many different shapes and sizes. Sometimes, a mitigation plan is…
Who Pays for CMMC Certification?
Last week, DOD announced the release of CMMC Version 1.0. CMMC Version 1.0 is a comprehensive certification process featuring 171 cybersecurity best practices to ensure that contractors secure their information systems. The question on everyone’s mind is who is going to pay for the certification and all of the work necessary to comply.
DOD has been less than clear on how contractors are expected to pay for CMMC certification. But what is clear is…
DOD releases CMMC Version 1.0
On January 30, 2020 the Department of Defense released the Cybersecurity Maturity Model Certification (CMMC). The Department of Defense (DOD) Office of the Undersecretary of Defense for Acquisition and Sustainment developed the CMMC in response to concerns that contractors were not adequately protecting sensitive federal information, known as Controlled Unclassified Information (CUI). Although DOD has been regulating cybersecurity through DFARS 252.204-7012 since 2013, the CMMC is intended to give contractors more specific guidelines.
CMMC Version…
Proposal Prep: Assessing the ‘Key Experience’ Factor in Bid Protests
Responding to agency Requests for Proposals (RFP) is an exercise in playing follow-the-leader. Contractors should take care to :
Read the RFP
Understand the information requested by the agency; and
Provide that information in a clear and concise manner.
The common thread for RFPs across all procurement types is to deliver the exact information requested by the agency – and in exact format requested.
Proposal content forms a common basis for bid protests. Here is…
Protesting Improper Conversions from Best Value to LPTA
Best Value and Lowest Price Technically Acceptable (LPTA) procurements trigger very different bidding obligations for contractors.
As I’ve detailed in this space before, Best Value procurements place limited importance on price. While cost is (always) a factor, a bidder can overcome a higher price by demonstrating its technical expertise and ability to add value for the agency. LPTA procurements, on the other hand, place an absolute premium on the ability to perform the…
COFC Highlights Importance of Proving Damages in CDA Claims
Contract Disputes Act (CDA) claims offer Government Contractors the opportunity to recover costs incurred due to Government-caused changes or delays. While the initial focus often rests on proving liability, a recent Court of Federal Claims (COFC) decision highlights the danger of failing to prove entitlement to damages.
In other words, claims can present the danger of winning the battle . . . only to lose the war.
The Federal Protective Service (FPS) awarded a contract…