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Government Contracts – Grow your Business While Dealing with the Impact of COVID-19

March 23, 2020

The Government is hiring businesses to help respond to the COVID-19 virus. To maximize your impact, keep your bid/win teams working so that they can quickly identify and submit proposals to the Government. This can and should be done remotely, while protecting your people with social distancing. Your contract management and legal personnel should also be focused on reducing risks and costs.

See below for valuable actions you should be taking:

  • Unsolicited Proposals. Submit unsolicited proposals in accordance with FAR Subpart 15.6 and win a sole source contract for your products and services that fill an open need. Mark your confidential and proprietary information appropriately and you will maintain protective rights to the ideas. Pay attention to how the Government is responding to the virus and submit new ways to improve outcomes.
  • New RFPs. Identify new opportunities by searching SAM, watching agency sites and talking with your existing contacts. New RFPs get posted fast and are fast-tracked for award. https://beta.sam.gov/search?index=opp.
  • Prioritize. Rank threats to your business based on proximity, probability and amount of harm. Then customize your preventive and mitigation methods base on your situation. See a step by step guide on how to do this HERE.
  • Protests. The Government makes substantial mistakes when faced with numerous, simultaneous procurements that are being expedited by external time pressures. Thus, your protest team should have shells of potential protests already drafted, so they can easily fill in the substance of each specific protest.
  • Communications Up. Talk early and often with your contracting officers and higher level contractors. Expressly ask for direction to either continue or stop work. Many of your future rights, remedies and recoverables will depend on how much you can prove.
  • Communications Down. Ensure you are giving clear guidance to your personnel and your subcontractors. Now is the time for clear and effective communications
  • Records. Read your contracts, task orders and delivery orders for specific due dates. Keep good written records to show diligence and compliance with all requirements. Anectdotal evidence/verbal records will not be sufficient.
  • Process. Properly invoke any rights or remedies. The dispute requirements often require you to continue to perform even if you have an unresolved dispute. Keep records of the disputes and costs incurred, and file formal notice and claims in strict accordance with the requirements.

MORE INFORMATION

The contents of this Alert are for informational purposes only and do not constitute legal advice. If you have any questions about this Alert, please contact the Shulman Rogers attorney with whom you regularly work or a member of the Government Contracts Group.