Rules that make government deals different
Federal contracts are governed largely by acquisition regulations that are written into the contract by reference, and those regulations have been undergoing a broad rewrite, so the version that applies to a given solicitation should be checked. State agencies and New York City follow their own procurement rules, including minority and women-owned business programs and responsibility reviews. Governments can usually terminate for convenience and change the work unilaterally, with an adjustment process instead of renegotiation. Protests of an award can be filed with the agency, and for federal contracts also with the Government Accountability Office or the Court of Federal Claims, and the windows to protest are often short. Submitting false claims for payment, including through certifications that turn out to be untrue, can lead to liability under the False Claims Act.
Records to keep from day one
Keep the solicitation, your proposal, all amendments, and the final contract with every clause incorporated by reference. Pricing data, cost records, and timekeeping should be maintained in the form the contract requires, because audits are common. Certifications about small business status, labor standards, or compliance programs should be reviewed carefully before they are signed. Correspondence with the contracting officer is important, since only that official usually has authority to change the contract. Subcontracts should carry down the clauses the prime contract requires.
Where we usually begin
Before bidding, we review the solicitation for terms that could create unexpected obligations and whether your company meets eligibility and responsibility standards. After award, we focus on compliance systems, flow-down terms, and how changes and delays will be documented. If payment is late or a dispute arises, we look at the claims procedure in the contract and the steps that must come before litigation. For a protest, timing comes first, because a missed window can end the challenge. If an audit or investigation begins, we coordinate a careful response and preservation of records.
