Government contractors may face performance evaluations by federal agencies that erroneously or capriciously capture the  efficacy of their work,  at times by seemingly arbitrary standards. These evaluations can hobble key abilities to gain new projects — the lifeblood of federal contractors. In his article for Modern Contractor Solutions, Federal Government Contracts and Procurement Partner Nicholas Solosky details how the Contract Disputes Act (CDA) creates the framework for handling “claims” against the government on Federal contracts…

A quick reminder that Fox Rothschild (Virtual) Federal Contract Symposium starts this Monday (October 5). Please Click Here to Register for the Symposium. After careful consideration, we elected hold the event virtually.  However, using the innovative Remo platform, you can still expect an interactive and engaging two days of remote targeted sessions on the most important legal topics facing the industry. I’ll be presenting on Recent Trends in GAO & COFC Bid Protests.  In addition,…

I am excited to host this upcoming Webinar on Protecting the Reputation of Government Contractors by Challenging Erroneous CPARS Evaluations. The Webinar goes Live on Wednesday, August 19 at Noon Eastern.  If you are unable to attend, please contact me directly :  nsolosky@foxrothschild.com or 202-696-1460. Click Here To Register Now Webinar Preview A negative performance evaluation from a Federal agency, or worse a recommendation against future performance, can make it very difficult for a government contractor…

The Small Business Administration (SBA) finally put an end to self-certifications for the Woman-Owned Small Business Program (WOSB).  Starting now and continuing through October 15, 2020, federal contractors that want to perform future WOSB set-aside contracts must complete the certification process at www.certify.sba.gov. Why Require Formal Certification? The WOSB Program aims to award at least five percent of all federal contracting dollars to woman-owned small businesses each year (including exclusive set-aside contracts in under-represented…

Please join my colleagues Reggie Jones and Diana McGraw tomorrow for an upcoming webinar covering the CARES Act, the Paycheck Protection Program, and the heightened risk of Federal enforcement:  Federal Relief for COVID-19: Protecting Against the Increased Risk of False Claims. The webinar draws on the lessons of the Great Recession concerning the increased scrutiny that falls on businesses that accept federal relief funds.  During the program, Reggie and Diana will discuss the…

Contractors filed 2,071 bid protests at GAO  in 2019– the lowest number in five years. One possible cause for the decline is the Department of Defense’s enhanced debriefing procedures.  Enhanced debriefings mean that contractors have greater access to information before the GAO’s short-fuse filing deadline and can make better-informed decisions regarding protests. Importantly, the enhanced procedures also permit contractors to ask targeted questions regarding the agency’s source selection decision. By understanding how to…

COVID-19 or the Coronavirus is having an unprecedented and, frankly, previously unimaginable global impact.  Please click here to visit Fox’s Coronavirus Resource Center for links to free webinars and articles offering practical guidance to companies of all sizes on a variety of legal issues. Government contractors are already feeling the effects of the pandemic.  Breakdowns in the global supply chain, labor shortages, and regional lock downs are already delaying federal projects across the country and…