The National Defense Authorization Act (“NDAA”) for Fiscal Year 2018 includes enhanced post-award debriefing requirements for the Department of Defense (“DoD”). This change is likely a response to the Office of Federal Procurement Policy’s (“OFPP”) January 5, 2017 memorandum. The memorandum debunked certain misconceptions about the debriefing process and encouraged agencies to adopt best practices and maximize the value of debriefings. One such myth that the OFPP’s memorandum debunked was that debriefings always lead to protests. The memorandum advocated for more transparency in the debriefing process, explaining that, in fact, an effective debriefing process can greatly reduce the frequency of protests. Continue Reading Good News for Department of Defense Contractors: Enhanced Post-Award Debriefing Requirements are on Their Way!
This article originally appeared in The Legal Intelligencer on January 02, 2018
On Nov. 29, 2017, U.S. Deputy Attorney General Rod Rosenstein announced a revised Foreign Corrupt Practices Act Corporate Enforcement Policy. The new policy contains a clear roadmap for avoiding corporate criminal liability that corporate counsel would be wise to follow.
The Foreign Corrupt Practices Act of 1977, 15 U.S.C. Section 78dd-1 et seq. (FCPA) makes it unlawful for an “issuer” or “domestic concern” defined by the act to make payments to foreign officials for the purpose of obtaining or retaining business. Continue Reading What In-House Counsel Must Know About the Revised Corporate Enforcement Policy
Federal contractors generally don’t need to worry too much about statute of limitations issues on federal contract claims because the Contract Disputes Act (“CDA”) includes a generous six-year window to file. However, it is vital to remember that there are exceptions to this rule, the most important of which is the one year deadline for filing any claim relating to a termination for convenience settlement proposal. Continue Reading An Important Reminder for Federal Contractors: Act Fast on Termination for Convenience Claims!
Earlier this month, my colleague, Michael Payne, and I attended Israel Industry Day sponsored by the Army Corps of Engineers (“USACE”) and the Israeli Ministry of Defense (“MOD”) in New York City. The purpose of the program was to present the Israel Foreign Military Sales (FMS) Construction Program and to introduce American and Israeli construction contractors and A/E firms to the upcoming construction opportunities in Israel. Information was provided on the general scope of USACE design build and design bid build projects within Israel; typical infrastructure and facilities being procured; potential repair, maintenance, and construction opportunities to support MOD facilities in Israel; as well as information on the solicitation and proposal process and various legal issues that apply to the Projects. Continue Reading Construction Opportunities in Israel for Federal Contractors
Agility Defense & Government Services, Inc. v. United States provides hope to contractors that incur higher than anticipated costs on a requirements contract or, alternatively, on construction contracts where line item prices are based on estimated quantities. Continue Reading Federal Circuit Clarifies Requirements for Government-Furnished Estimated Quantities
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On September 20th, the California University of Pennsylvania Government Agency Coordination Office – Procurement Technical Assistance Center is hosting a webinar on all aspects of the protest process taught by Cohen Seglias Federal Contracting Partner Maria Panichelli.
As any Federal Government contractor will tell you, today’s federal contracting market is extremely competitive. Many solicitations ultimately involve bid, size or status/eligibility protests. Understanding these protests and the related procedures can make the difference between getting the contract, or getting left out of the race altogether. Maria will explain the differences between the various types of protests and walk you through the debriefing process, as well as the who, what, when, where, why & how of filing a protest. Maria will also explain the other side of protests, teaching you how to defend against protests filed by frustrated competitors. Sign up today and learn how to use debriefings and protests as an affirmative tool to get the contracts you want.
Cohen Seglias Co-Chair of the Federal Contracting Group, Edward DeLisle, testified at a Small Business Committee hearing titled, “All Work and No Pay: Change Orders Delayed for Small Construction Contractors.” The hearing examined the effects of change orders on small business contractors and potential solutions to alleviate the financial burden on small businesses caused by agency delay in approval and payment of change orders.
Last month, we outlined Congress’ plan to block the implementation of President Obama’s Fair Play and Safe Workplaces executive order. Today, we report that the prognosis has grown even more grim for the former President’s initiative, as both the House of Representatives and Senate have passed measures blocking the order from taking effect – now, the only remaining hurdle to a full repeal of the Fair Play and Safe Workplaces order is the signature of the President. Continue Reading The End is Near for “Fair Play and Safe Workplaces”
February 15, 2017 – Successful Strategies for Teaming, Joint Venturing, and Mentor Protégé Relationships: Recording Available
March 29, 2017 – How to Successfully Assert and Defend Protests
May 3, 2017 – Key Considerations in Post-Award Compensation: REAS and Claims
June 21, 2017 – The Ins and Outs of Federal Government Terminations
February 22, 2017 – The Perks, Procedure, & Common Pitfalls of Federal Small Business Program Eligibility & Certification: Recording Available
March 22, 2017 – Teaming Arrangements, Joint Ventures, and Mentor-Protégé Relationships
April 19, 2017 – Protests and Size/Eligibility Investigations