Federal, State, and Local Government Contracts

What do federal, state, and local government contracts entail, and which laws and rules apply?

Federal, state, and local government contracts in Florida involve various entities procuring goods and services from businesses for public purposes. Federal and state laws, rules, and regulations govern these contracts. At the federal level, the Federal Acquisition Regulation (FAR) is the primary source of regulation, providing guidelines on government procurement practices.

In Florida, the Florida Statutes Chapter 287 governs state and local government procurement. Additionally, Florida Administrative Code Rule 60A-1 outlines the procedures and requirements for procurement in Florida. Additionally, local government entities may have their procurement ordinances and policies.

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 federal, state, and local government contracts?

Businesses should consider the following strategies:

Understand applicable laws and regulations: Businesses should become familiar with the FAR, the Florida Statutes Chapter 287, and the Florida Administrative Code Rule 60A-1, as well as any local government procurement ordinances and policies.
Register with government agencies: To participate in government contracts, businesses must register with federal and state systems, such as the System for Award Management (SAM) at the federal level and the Florida Department of Management Services (DMS), for state and local opportunities.
Monitor procurement opportunities: Businesses should actively monitor federal, state, and local procurement websites and subscribe to relevant notifications to stay informed about upcoming contract opportunities.
Prepare proposals and bids: Businesses must carefully follow the solicitation’s instructions when bidding on government contracts and submit their proposals by the specified deadlines.
Engage legal counsel: Businesses should consult with legal professionals experienced in government contracts, procurement, and bid protest matters to ensure compliance with procurement laws and regulations

What federal, state, and local government contract issues commonly lead to litigation?

The following issues commonly lead to litigation:

Bid protests: Disputes may arise when unsuccessful bidders challenge contract awarding, alleging procurement laws or regulations violations.
Contract disputes: Parties may disagree over contract terms, performance expectations, or payment issues.
Termination disputes: The government may terminate contracts for convenience or default, potentially leading to litigation over the validity of the termination or compensation owed to the contractor.
False Claims Act violations: Contractors may face litigation for alleged fraudulent activities concerning government contracts, such as overcharging or submitting false invoices.

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.

Frequently Asked Questions

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

A bid protest is a formal challenge to awarding a government contract. An interested party can file it, usually an unsuccessful bidder who believes the procurement process violated applicable laws or regulations. In Florida, bid protests must be filed within 72 hours of the notice of the contract award decision, as stated in Florida Statutes § 120.57(3).

How are disputes resolved in government contracts?

Federal contract disputes are generally resolved under the Contract Disputes Act, which outlines procedures for submitting claims to the contracting officer and, if necessary, appealing to the Armed Services Board of Contract Appeals or the Civilian Board of Contract Appeals. For Florida state contracts, disputes can be resolved through negotiation, mediation, or litigation.

What are the consequences of violating the False Claims Act concerning government contracts?

Violating the False Claims Act can result in severe penalties, including treble damages, civil fines, and potential exclusion from future government contracts. In addition, contractors may also face criminal prosecution for fraudulent activities.

How can contractors ensure compliance with government contract requirements?

Contractors can ensure compliance by familiarizing themselves with relevant laws and regulations, maintaining accurate records, implementing internal controls, and seeking legal counsel to address potential issues proactively.

Have more questions about a government procurement-related situation?

Crucially, this overview of federal, state, and local government contracts 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.