Best Practices in Government Contracting

What do all of the phases of government contracting entail, and which laws and rules apply?

Government contracting in Florida involves various phases, each regulated by specific laws and regulations. Per Fla. Stat. § 287.057, the process begins with contract solicitation, where the government issues a request for proposals (RFP) or an invitation to bid (ITB). Bidders then submit their proposals or bids during the bid submittal phase. Negotiation follows, allowing both parties to discuss terms and conditions before reaching an agreement. Finally, the government awards the contract to the winning bidder in the award phase.

Performance entails fulfilling the contract’s requirements and adhering to the Florida Administrative Code and Federal Acquisition Regulation (FAR) compliance regulations. The claim submission phase involves submitting claims for additional compensation or time extensions. If disputes arise, parties engage in dispute resolution through negotiation, mediation, or litigation under the Contract Disputes Act.

Finally, the contract closeout phase marks the contract’s completion, ensuring the fulfillment of all obligations and final payments. The process is governed by FAR Subpart 4.804.

Need help regarding government procurement, including bid and contract protests? Schedule your consultation today with a top government procurement attorney.

How can businesses effectively navigate the phases of government contracting?

Businesses should consider the following strategies:

Stay informed about contract opportunities by regularly monitoring federal and state procurement websites and registering with the System for Award Management (SAM).
Understand requirements by thoroughly reviewing RFPs or ITBs, ensuring compliance with Fla. Stat. § 287 and the FAR.
Submit a competitive bid that addresses the solicitation’s requirements, including technical specifications, pricing, and past performance.
Negotiate effectively by understanding the government’s needs and concerns while advocating for your company’s interests. Engage legal counsel for assistance in navigating complex regulations.
Perform and comply with the contract’s terms, conditions, and applicable laws. Maintain accurate records and communicate with contracting officers regularly.
Resolve disputes promptly through negotiation, mediation, or litigation, depending on the circumstances. Legal counsel can guide the most effective resolution method.
Ensure proper contract closeout by submitting required documentation, resolving outstanding claims, and making final payments. Adhere to closeout procedures outlined in the FAR and Florida Administrative Code.

What issues regarding government contracting commonly lead to litigation?

The following issues commonly lead to litigation:

Ambiguities in solicitation: Ambiguities or discrepancies in the solicitation documents may lead to bid protests, creating confusion or unfair advantages for some bidders. To mitigate this issue, contracting agencies should ensure that solicitation documents are clear, consistent, and error-free.
Bid evaluation and award: Disputes may arise when bidders believe the contracting agency unfairly evaluated their bids or made an award based on favoritism or bias. To reduce these risks, the agency should adhere to Florida Statute 287.057 and maintain transparency in the evaluation process.
Contract performance: Disagreements over contract performance, such as delays, quality issues, or noncompliance with contract terms, may lead to claims or disputes. Contractors should follow Federal Acquisition Regulation (FAR) guidelines and communicate openly with the contracting agency.
Change orders: Conflicts that impact the project’s scope, time, or cost may arise from change orders. Contractors should negotiate changes promptly and document them according to the Florida Statutes and FAR requirements.

When a set of facts is appropriate for litigation, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation, please contact our office to set up your initial consultation.

What are effective measures to minimize the litigation risks for Topic?

Consider these measures to reduce the risk of litigation:

Thoroughly review solicitation documents: Review solicitation documents carefully to identify and address any ambiguities or discrepancies before submitting a bid.
Compliance with laws and regulations: Ensure compliance with applicable Florida and federal laws, regulations, and procurement procedures, such as the FAR and agency-specific regulations.
Maintain detailed documentation: Keep accurate and organized records of all aspects of the project, including correspondence, change orders, and performance evaluations, to support any potential claims or disputes.
Effective communication: Maintain open lines of communication with the contracting agency to address concerns and resolve issues promptly.
Dispute resolution: Utilize alternative dispute resolution methods, such as mediation or arbitration, to resolve conflicts before escalating to litigation. The Contract Disputes Act provides guidelines for resolving disputes between contractors and federal agencies.
Project closeout: Conduct a thorough project closeout process, ensuring the fulfillment of all contractual obligations and resolving any outstanding issues. This process includes final inspections, completion of punch list items, and submission of final payment applications.

Please contact our office to set up your initial consultation to see what actions or defenses may be available for your unique situation.

Frequently Asked Questions

What is a bid protest, and when can it be filed?

A bid protest is a formal objection a bidder, or interested party raises against the awarding of a government contract. In Florida, interested parties must file bid protests according to the procedures outlined in the Florida Administrative Code Rule 60A-1.002. Generally, a protest must be on file within 72 hours of receiving notice of the intended contract award or other adverse agency action.

How can I ensure my bid submission complies with all applicable requirements?

To ensure your bid submission complies with all requirements, carefully review the solicitation documents, including the instructions, specifications, and terms and conditions. In addition, familiarize yourself with the relevant Florida Statutes and Federal Acquisition Regulations governing government contracting.

What remedies are available if my bid protest is successful?

If a bid protest is successful, remedies may include but are not limited to cancellation of the solicitation, re-evaluation of bids, termination of the awarded contract, or awarding the contract to the successful protester. Remedies depend on the specific circumstances and the nature of the protest.

Can a government contract be terminated before completion, and what are the potential consequences?

Yes, a government contract is terminable before completion for various reasons, such as convenience, default, or changes in funding. In case of termination, the contractor may have entitlement to compensation for work performed or costs incurred up to the termination date, as governed by the Federal Acquisition Regulations and Florida Statutes.

What should I do if I encounter a dispute during the performance of a government contract?

If you encounter a dispute during the performance of a government contract, attempt first to resolve the issue through communication and negotiation with the contracting agency. If that fails, consider alternative dispute resolution methods like mediation or arbitration. For federal contracts, the Contract Disputes Act provides guidelines for resolving disputes between contractors and federal agencies.

Have more questions about a government procurement-related situation?

Crucially, this overview of government contracting does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.