GovCon Examiner Live 2021
Obermayer is excited to continue its “GovCon Examiner Live” webinar series in 2021. Over the course of the next 12 months, our experienced government contracting attorney Maria Panichelli will bring her popular GovCon Examiner blog to life with legal updates and practical tips for your business.
The series will include the following 12 sessions, please register for each panel that you are interested in attending.
ICYMI: December 8, 2021 - OCIs: A Primer on Organizational Conflicts of Interest and Mitigation Plans
Organizational Conflicts of Interest – a/k/a “OCIs” can have serious consequences. If a contracting officer determines that an OCI exists with respect to a contractor, it may prevent that contractor from obtaining a contract award, or result in the termination of a current contract. It is, therefore, critically important for contractors to avoid any appearance of an OCI. Nonetheless, many contractors are confused about what types of situations constitute an OCI, and how to avoid them. Many contractors are also unaware of the procedure by which a contracting officer analysis, neutralizes, or mitigates a potential OCI, as well as how contractors may participate in, and impact, that process. In this webinar, experienced government contracts attorney Maria Panichelli will provide a primer on OCIs. Starting with the FAR definition, the presenter will walk attendees through the common bases for OCIs and how to recognize them. The webinar will also talk about the other tools a contracting officer might use when addressing, neutralizing, or mitigating a potential OCI. Finally, attendees will learn how a contractor might participate in that process, including the preparation of a mitigation plan.
ICYMI: November 17, 2021 - Teaming, Joint Ventures and Mentor-Protégé Relationships on Federal Contracts
You can’t go far in government contracting today without hearing about Teaming and Joint Venturing, or Mentor Protégé relationships. Whether you are a large business looking to leverage a small business partner’s eligibility, or a small business looking to supplement your own performance capabilities and competitive edge, these strategies can greatly increase your access to contracts and give your revenue a boost. While many contractors have heard of these strategies, not all fully understand the related eligibility requirements, or how to draft enforceable, compliant teaming or JV agreements. Similarly, many contractors do not fully understand their rights and obligations after forming a mentor-protégé relationship. These gaps in information are dangerous because, when done incorrectly, teaming and joint venturing can have serious negative consequences.
During this webinar, experienced government contracting attorney Maria Panichelli will explain the proper considerations and procedures for entering into an enforceable teaming agreement and the essential clauses to include in these types of agreements, as well as common pitfalls to avoid. Attendees also will learn how to form eligible small business JVs, and how to navigate the SBA mentor-protégé program. Recent changes to the small business regulations relating to teaming, JVs, and the mentor-protégé regulations will also be discussed.
In certain circumstances, federal government contracts can be terminated by the government. The key, if your contract is terminated, is to understand what type of termination has occurred, what the consequences are, as what rights you have to challenge the termination, or seek compensation.
Terminations can be for convenience (“T for C”) or for default (“T for D”). A T for C does not imply that there was any fault on the part of the contractor, but a T for D means the government believes that the contractor failed to perform by the provisions of the contract. This distinction has other important implications as well. If terminated for convenience, a contractor is entitled to payment for the work done, and for any preparations made for the terminated portion of the contract. In contrast, if defaulted, it is possible that a contractor will owe the government money in connection with reprocurement. Getting terminated for default can also negatively impact a contractor’s ability to get future contracts. This webinar will cover the ins and outs of terminations. Learn all about T for Ds, how to challenge them, how to convert them to T for Cs, and how to deal with reprocurement claims. Maria Panichelli will also discuss T for Cs, the response process, and seeking compensation.
In the federal government contracting space, subcontracts have to do double duty. Not only do they have to address the requirements of the prime and subcontractor, they also have to consider the interests of the government. This legal balancing act requires a depth and breadth of knowledge about the FAR and related subcontracting issues. In this webinar, Obermayer government contracting attorney Maria Panichelli will explain how to successfully navigate some of the biggest subcontracting issues from both the prime contractor and subcontractor points of view. The webinar will cover flow-down clauses, sub vs. prime dispute resolution, and key strategies to minimize risk. Maria will discuss the most common subcontracting mistakes made by subs and primes in federal contracting and how to avoid them. She will also briefly address pass-through claims and liquidation agreements.
In today's increasingly competitive federal market, bid protests are an inevitable feature of many procurements. Contractors may receive an award notice, only to be told several days later that the contract is on hold, all because of a bid protest filed by a disgruntled competitor. If you have ever found yourself in this position, you may know how hard it can be to find answers, and how quickly you can miss an important deadline. In this webinar, Obermayer government contracting attorney Maria Panichelli teams up with their friends at USI to provide you with the roadmap and resources necessary to defend against the protest, keep the contract you earned, and keep your costs down. Attendees will learn about intervention, common bid protest defenses, and strategies, as well as practical tips about how to mitigate risk and costs. Maria will walk you through best practices for protest litigation, and USI will provide information about how contractors might plan ahead and take advantage of certain products to minimize out-of-pocket litigation costs.
Competition for federal government contracts today is fierce. As a result, bid protests are a common feature of many procurements. Understanding the processes and procedures that govern bid protests can mean the difference between getting a contract or losing out to a competitor. In this webinar, Obermayer’s experienced government contracting attorney Maria Panichelli will walk attendees through the basics of both asserting, and defending, bid protests. First, she will discuss using bid protests as an affirmative tool to go after the contracts you want. Registrants will learn about the procurement timeline, when to be on the lookout for notices or events that might trigger their protest deadlines, and how to ensure they comply with these deadlines. Strategies for debriefings will be discussed, as will some common bases for both pre- and post-award protests. The presenter will explain who has “standing” to file a bid protest, what needs to go into a bid protest, where a bid protest can be filed, and what deadlines apply to filing a bid protest. Then, Maria will move on to defending protests, learning about intervention and some top procedural defenses that can be used to defeat a protest brought by your competitors. Sign up today and get a handle on one of the most important processes in government contracting!
ICYMI: June 30, 2021 - Bases and Procedures of Size & Status Protests on Federal Set-Aside Contracts
Given the proliferation of set-aside contracts in the federal government contracting industry, eligibility for the 8(a), HUBZone, women-owned and veteran-owned programs is critical. This eligibility can greatly expand contracting opportunities and result in more contract awards. But did you know that competitors have the right to officially question an award on the basis that the awardee is not, in fact, eligible under the applicable small business regulations? These challenges can cost a contractor not only a current award, but their eligibility as a whole. In this webinar, you will learn how to guard against the most common small-business pitfalls that can lead to a successful size and status protest against your award, and also learn how to use these protests as an affirmative tool to eliminate competitors who are not legitimate small businesses. Experienced government contracts attorney Maria Panichelli will discuss the most common bases for size and status protests – including affiliation and control-related issues – as well as the procedures, timelines, and litigation strategies relating to size and status protests.
Nothing is more frightening to business owners who have built their business in the federal marketplace than the prospect of suspension or debarment. Not only can it interrupt your current operations, it can also prevent you from receiving any federal contracts in the foreseeable future. For many business owners, this may mean the end of their business entirely. In this webinar, experienced government contracts attorney Maria Panichelli will walk you through the ethical issues that are the most common causes of suspensions and debarments from doing business with the federal government. She will provide insights into what sort of conduct will raise a red flag with government personnel, and how to protect your business against some of the most common mistakes that lead to debarment. Maria will also discuss what do to if you are facing an investigation that may lead to a suspension or debarment. Finally, she will cover the rights and remedies available to contractors in fighting an improper suspension or debarment to preserve your business with the federal government
ICYMI: April 14, 2021 - Scheduling Issues on Federal Contracts – Distinguishing Delays, Disruption and Suspensions
Very few federal contracts are completed without some sort of delay occurring, but who is liable for the resulting costs? Before you can determine liability for project delays, you have to understand the framework that federal courts use to analyze delays on government contracts. In this webinar experienced government contracts attorney, Maria Panichelli will explain how to distinguish delays and suspensions from disruption. She will also explain the different types of delay: compensable, excusable, and concurrent delays. Maria will walk you through the process and explain how to establish government liability for delays. She will also cover the common pitfalls contractors run into in pursuing a delay claim, including the effect of releases and waivers in contract modifications and pacing issues. Finally, Maria will discuss the various types of damages that may be recoverable as a result of government-caused suspensions and delays, including general conditions and unabsorbed home office overhead.
The more competitive the federal market becomes, the more inevitable bid protests are. If you want to succeed in bid protest litigation, it is critically important that you understand the rules and regulations governing the protest process. It is also vital that you avoid the common misunderstandings and mistakes that so many contractors make, which can negatively impact their chances of successfully asserting, or defending, a protest.
In this webinar, experienced government contracting attorneys Maria Panichelli and Michael Richard, will discuss several common mistakes that contractors make, and how to avoid them. Learn how to maximize your chances of a win!
After you’ve won the contract award, what comes next? As any Federal contractor will tell you, the contract award is only the beginning — performance presents a whole new series of challenges. Federal government contracts are governed by a complex web of statutes and regulations. These laws control not only how a contractor may perform a contract, but how they can seek compensation for unanticipated costs and delays, and the manner in which they must deal with a dispute against the agency owner. Getting paid for issues that arise during performance requires a detailed understanding of the applicable laws and processes and, more specifically, a thorough understanding of the two critical tools for seeking compensation: REAs and Claims.
In this webinar, experienced government contracting attorneys Maria Panichelli and Michael Richard will provide a primer on Requests for Equitable Adjustment (REAs), explaining how contractors can use REAs to seek an increase to the price or duration of their federal contracts. Contract Disputes Act claims will also be discussed, with a specific focus on the differences between REAs and claims, and an explanation concerning when each strategy is more appropriate. Finally, attendees will learn about the CDA claims appeal and litigation process, as well as common government defenses, and subcontractor pass-through claims.