Government Contracts Matters
Good lawyers bully the problem; bad ones bully the people.
We understand that distinction. We understand that these are disputes with people who are also our clients’ customers. And we understand that the “typical lawyer” approach of diving towards court may raise the client’s costs by a quantum leap. We try to be atypical instead, and to approach administrative and government contract disputes with the following structure in mind:
- Confirm whether there is an actual problem and not a miscommunication.
- If there is a problem, confirm the exact parameters, issues and potential solutions from the government’s point of view.
- Question: Can the client adjust its goals to avoid the government’s concerns; i.e., can we find a way for the government to “win” without the client having to “lose”?
- Can the agency help us solve all or part of the problem? (There’s a vast difference between what you can force an agency do and what the particular officers can do if they’re willing to try and help).
- Decide with the client whether to fight over the disputes that remain.
- Take whatever administrative or court appeals may be needed.
Javits-Wagner-O’Day (“JWOD”) Act
41 U.S.C. Sct. 46-48c
a/k/a the NIB/NISH Program
We have counseled dozens of companies and individuals with regard to the workings of this program, the agency that oversees it (the “Committee for Purchase from People who are Blind or Severely Disabled”), and the Central Nonprofit Agencies that do most of the administration, NIB (National Industries for the Blind) and NISH (f/k/a National Industries for the Severely Handicapped).
Most of our clients in this field have been individual companies threatened by a proposal to add one of their contracts to the JWOD “Procurement List”, which has the effect of permanently removing the items in question from public bid. If you have received a letter from the Committee requesting a variety of financial data, one of your contracts has probably been targeted. Please feel free to review the articles below for some general information, and to contact us directly to discuss any specifics.