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Selling to the Government involves risks and considerations not found in the commercial sector. It takes more than winning the competition to be a successful contractor. How you position your company before the contract is awarded, and how you handle performance are critical to profiting from Government sales. Through a series of links on this page, we discuss five critical stages in Government contracting. Addressing each stage properly will have a dramatic affect on profitability. The Government procurement process can be surprisingly flexible at the onset of a problem or dispute. The key is bringing knowledgeable and experienced counsel to bear on an issue early, before options become limited. The attorneys of Petrillo & Powell have been guiding new and established contractors through the maze of Government procurement for more than two decades. Please contact us if you have a procurement question or to discuss your company's needs. Pricing How a contract is priced determines more than whether you win or lose the contract. Pricing decisions carry compliance and performance risks. Petrillo & Powell can help you develop an approach to pricing that minimizes risk and provides flexibility for dealing with changed Government requirements. Here are links to articles by our attorneys on some common pricing questions.
Bids and Proposals Our attorneys analyze procurement regulations that control the bid and proposal process. We also provide answers to some Frequently Asked Questions about the Government's small business programs. For more insight into the Government's procedures for competing awards, contact Joseph Petrillo. Negotiating Contracts Contrary to popular opinion, Government contracts can be negotiated. Often this requires laying the proper groundwork in the proposal. The Government's sovereign authority also poses some unique risks for contractors. Performance Difficulties encountered during performance can create opportunities. Here is an excellent example. We also discuss a re-pricing opportunity created by one of the standard Government socio-economic clauses, and a Veterans reporting requirement. Contract holders should be aware of the Government's right to receive priority in performance. Addressing Problems Effectively We have prepared some answers to frequently asked questions about the bid protest process. For specific help with some common Government contract issues see our Contractor's Toolkit. Worried about regulatory requirements imposed on Government contractors? Wondering what all those clauses "incorporated by reference" say? One of the best ways to avoid problems before they arise is through a compliance program tailored to your company's business. Click here for more information on Petrillo & Powell's compliance products. If you do find yourself in a dispute with your Government customer, you may wish to consider using alternative dispute resolution techniques to resolve the issue quickly and amicably. Here is an article discussing the growing use of ADR in Government procurement. Contact Karen Powell for more information on using ADR to resolve procurement disputes.
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