Write Winning Government Proposals & RFPs
 

By Theodore Watson, Esq

Proposal writing  for a government contract means writing a winning bid that not only gets the government excited about doing business with you but also creating a winning RFP proposal that beats your competitor. There is only one winner. Most government Requests for Proposals (RFP) contain confusing language and incorporate contract clauses that many contractors are unfamiliar with.

To become successful, one must demonstrate confidence and understanding the procurement rules. Never run the risk of adding to much marketing fluff. Not only does the government hate it but it actually minimizes your credibility.

Agencies spot these types of bidders immediately and thus set the proposal package to the bottom of the pile. Effective proposal writers prepare RFP responses by implementing:

• A workable outline that includes all aspects of the award criteria
• A solid display of strong management and key personnel
• A convincing technical approach to solving the government’s problem
• Sound Quality Assurance Plans and risk management strategies
• A strategy that explains the industry problems and how to solve them
   

Federal Bids Must Overcome Past Performance Hurdles. When you bid for government contracts, it’s not all about price. There are more hoops to jump through. A potential bidder must show that the company has completed similar work in the past that is similar /relevant and within the past three years. The reality is that not all companies engaged in government bidding have alot of past performance with the government.

The truth is that you don’t need to. You only have to show that you have comparable commericial experience.

What if you don’t have any past performance at all? The best way to handle this is to seek relationships with large primes as subcontractors or even other small businesses. The Federal Acquisition Regulation allows the agency to consider your subcontractor’s past performance.

Government RFPwriting requires an in-depth knowledge of the rules. Unless you have an experienced proposal writer or proposal consultant that can guide you down the right path, you might just be spinning your wheels. Creating more of s focus on a strong technical ability and management staff can actually minimize some of the risk to the government if you don’t have the requisite past performance.  Lastly, if you lack past performance, government contract law allow the agency to trade off for a lower price.

Our government RFP and proposal writing consultants teach clients across the country how to better apply the rules in their favor.
Government Proposals Must Demonstrate Low Risk. You can be the best contractor in town. However, when it comes to federal bids, must demonstrate a strong risk mitigation or quality assurance plan. Remember, federal contracts take taxpayers’ dollars. Therefore, your government proposal must show that you pose the least risk to the agency. Most proposal consulting firms miss the part in the proposal writing process.

Do Not Carelessly Lose Your Award in a Bid Protest. When you hire a government proposal writer, you can be certain of there level of qualifications when you address avoiding a bid protest. Not only will you get a puzzled look but you will also find that most proposal consulting firms cannot address the issues that become fertile ground for a bid protest.

These include: Unduly relying on a subcontractor or teaming partner to perform the critical parts of the project; letting a teaming partner or subcontractor conduct all management for the project. These matters are considered the “kiss of death” when it comes to RFP proposals.

Know That Your Proposal Writer is Qualified. A substantial amount of companies seek the best in-house English writer or hire technical writers in hope of winning the ‘big contract.’ A few tips in knowing whether you have invested $20,000 to $50,000 in the right person should rest on a few things:

• What can they tell you about the regulatory rules governing a government proposal?
• Does his or her proposal writing experience include actually awarding government contracts?
• What suggestions does the proposal writer have to beat your competitor (best value to the government)

These questions must be answered without hesitation. Why? Because a successful RFP proposal must address these factors. Each government Request for Proposal contains numerous FAR clauses and additional obligations. A proposal writer must be able to talk about your experience or sources on compliance when you bid for government contracts.
The Cost of Proposal Writing for a Government Contract. Businesses sometimes try to haggle on the cost for government RFP consultants. The old saying that “you get what you pay for” actually applies here. If a contract is over a million dollars  AND you find an experienced proposal writing service or consulting firm, then the average cost of a government RFP response should be about $17K- $23K for a contract worth $1Million. For federal bids over $ 3 Million, expect to pay upwards to $54K.

The key is to find proposal consulting professionals that know what they are doing. In that sounds expensive, then consider what it should really take to get $1-30 Million Dollars. 

How to Propose a Strong Technical Proposal. An area of common weakness in federal contract bidders is the ability to offer an exceptional technical proposal. This is generally one of the highest graded criteria for award. You must convince the government that your team is competent and has the ability to effectively manage the project if your company is awarded the contract.  An example of how you can improve your technical capability is to:

• Specifically tailor each resume to meet the requirements of the statement of work. Never just submit an old resume
• Create bios of the key players and tell the government what they have done in the past
• Submit proof of certifications although the proposal does not ask for it

If you need proposal writing help for a government RFP, feel free to contact our experts for immediate help. Call  1-866-601-5518.

Learn How Successful Bidders Submit Winning Government Proposals

By: Theodore Watson, Esq

Government contracts are a very lucrative business. However, learning how to acquire projects takes time, effort and investment. Proposal writing for government contracts is by no means a simple process. However, if you attempt to respond to the agency’s Request For Proposal, you will have to bring more to the table than just having a good technical writer.

Many people will frown at this comment but as former government contracting officials and members of source selection teams, we have written eloquent proposals and perfected efforts by technical writers – we know firsthand that only the proposals that have substance and give the government what they need to know actually win the contract. There is a big difference.

As a general rule, there are ten basic principles that will put you on the right track to success in government RFP and proposal writing.

1. Always learn, learn and learn again the nature of the government’s problem. If you cannot understand and respond to the agency’s problem, you simply will end up with an eloquently written document with no substance and lacking depth. The federal government publicizes its opportunities in a series of solicitations. As an effective proposal writer, you have to read, reread and understand the solicitation.   For example, average responses to a Request For Proposal ( for medical supplies) simply inject paragraphs of how committed to customer service the bidder maybe; then, the bidder simply submits its pricing and past performance. The winning proposal uses a different strategy. Instead of drowning the RFP response with ‘fluff’, the experienced proposal consultant will advise his client to first discuss the industry and problems associated with this particular industry including problems experienced by other customers – this sets the stage for letting the government know that you are ahead of the competition. You then describe how you can prevent these problems and describe what if anything you will do to minimize risk (this substantiates cost and shows additional value to the government.)
2. Never think that the government has no idea of what your service or product costs. Successful bidders understand the theory of the government estimate. The procurement rules require the government to establish some sort of estimate. Most agencies do their homework. However, some still use the outdated methodology that puts potential bidders at risk. Caution: The method arriving at the government estimate does not always work in your favor – the agency should conduct research in the commercial sector to see what similar products and services cost. Unfortunately, many agencies simply rely on other agency pricing to come up with the government estimate.
3. Always focus on beating your competitor. This is a mindset that swallows up inexperienced proposal writing staff. Many simply focus on responding to ‘only what the solicitation calls for’ and nothing more. At best, this line of thinking will get you within range but not win you the award.
   Our proposal writing consultants teach our successful clients to focus on beating the competitor – nothing else matters. Yes, you always have to respond to the criteria accurately as set forth in the solicitation. However, this sets the stage (and a common trap) for only the basic requirements. You simply have to include more.
   As you respond to each section of the RFP, always ask yourself, “what is your adversary going to write?”  If you don’t ask this question, you will undoubtedly find out during a debriefing of notice of non selection for the bid.
4. You must have a thorough understanding of the procurement rules. To say otherwise is analogous to applying for a job at a large corporation without knowing anything about the company. Many companies hire proposal writers who have no clue, or even a basic understanding of the rules involved with procurement.
   For example, many government contract proposals require you to discuss your teaming partners and subcontractors. More specifically, to discuss the roles and percentages of the contract. Many companies dive into this head first without knowing the rules and laws of teaming and subcontracting.  The result is that many companies subject themselves to losing a bid protest for violation of the NAICS standards.
5. Pricing – Always be modest on profit. The old saying that you can price yourself out of business applies to government contracting.  As experienced proposal writing consultants, we advise our clients to stay within certain allowable percentages depending on the industry. However, a good proposal writing strategy is to substantiate your pricing by explaining critical processes and the costs associated with them.
6. You must describe the ‘horsepower’ behind your company – Aka, Management. This is a critical part of the proposal writing process. Successful bidders learn to how to write effective resumes specifically for federal RFPs.  Simply put, traditional resumes don’t lead to awards. The government wants in-depth information about the ‘top brass’ in your organization. Remember, technical proposals are weighted heavily when bidding on government contracts.
7. Never write about your weaknesses. This is one of the most common traps in government contract proposal writing. When you see language in the solicitation that asks you to describe past problems and how you handled them – warning, tread lightly.
   For example, if you missed project schedules in a previous construction project, you may simply want to use another project for past performance and discuss it. The government does not want to award a construction project to a company that has a history (even if only once) of missing deadlines.
8. Never expect to get a million dollar contract for pennies. Many successful bidders invest in experienced proposal writers. Although the skill of a technical writer is critical to the proposal writing process, there is a huge difference – experience and knowledge of the rules.
9. Successful bidders invest the time and effort in securing skilled and experienced government contract proposal writers. Note: There are overrated technical writers that charge outrageous prices. However, there are also experienced ones that are worth their weight in gold.
   Tip – for a million dollar contract, you should expect costs to run about 4%; for a $100,000 contract you should expect to pay between $6000 and $7500 for a solid proposal writer that knows federal government contracting
10. Learn how to pick qualified proposal writers.  The internet is swamped with proposal writers for government contracts. However, picking the most qualified ones is the tricky part. Many shoppers typically want to know how many proposals a person has written in that specific industry; or what is their success rate.
    To be frank – none of this matters!! Why? Solid proposal writers for government contracts should be able to write a response to a Request For Proposal regardless of the industry – there is simply a set strategy and approach to writing government RFPs – this is similar to asking an expert car racer what experience he or she has driving a Ford versus a Chevy.
     

When you are looking for QUALIFIED PROPOSAL WRITER OR CONSULTANT, here are relevant points to consider:

• Level of experience in federal government contracting
• Have them describe important issues when writing about best value
• The level of experience they have in responding to government RFPs that involve teaming partners or subcontractors
• Ask what does the government need to know about a prospective bidder to set a high impression

Understand that prior win rates do not guarantee a win in this effort. Most businesses seek proposal writers based on their win rates – only to lose in this particular effort. As government contract lawyers, we also get the same question – what is your win rate? Not only is this misleading but the analysis and inference of prior win rates can be negative.
Each RFP is unique and the focus must be specific to the proposal at hand – how are you going to attack the solicitation and submit a winning proposal on THIS project?

• Point – agencies look for different things in their solicitations
• Point – Not all agencies follow the FAR (See FDIC)
• Point – Rating criteria is different in virtually all RFPs
• Point – Lowest price (alone) is not the statutory requirement for award in federal contracts

High- Caliber Advice Sets You Apart from Your Competitors

As you venture into the market for a government contract proposal writing consultant, you are investing in someone that can convince the government that you are the best candidate for award. This is a skill that goes over and beyond proofreading and editing.  Proposal writers must understand and have experience in the actual rules of engagement and the pitfalls associated with losing an award on a bid protest. This foresight sets you apart from your competitors and automatically increases your caliber and probabilities of being successful.

Contact Us

If you are in the market for in-depth advice and guidance in federal government contract proposal writing, contact Theodore Watson & Associates, LLC today at 1.866.601.5518.

8a Terminations

By: Theodore P. Watson

Attorney at Law, Government Contracts

Many government contractors have taken advantage of the SBA 8a Business Development Program due to the ability for sole source awards and other benefits. However, there is an increase in early graduation and terminations from the program. Understanding the process and how to reply to the SBA is key to your survival in the 8a Program

SBA has Discretion to Terminate a Participant

The SBA, at its own discretion, can recommend a small business for 8a termination for various reasons. However, its actions are not exempt for checks and balances. Small businesses sometimes are surprised at such a recommendation. However, you simply have to deal with it or risk guaranteed termination. This is where the help of an experienced 8a termination attorney can be of benefit.

Proper Early Response is Critical

When the SBA sends you an initial termination recommendation letter, you must exercise great caution in how you respond. Your response MUST be timely and sufficient. Of importance is that the SBA is not required to keep asking you for information. Failure to respond within the 30 days can be itself a reason for actual termination. Although you might have a valid excuse, chances are that you will not prevail on appeal.

Reasons for the SBA 8a termination can include:

(a) SBA may terminate the participation of a concern in the 8(a) BD program prior to the expiration of the concern’s Program Term for good cause. Examples of good cause include, but are not limited to, the following:

(1) Submission of false information in the concern’s 8(a) BD application, regardless of whether correct information would have caused the concern to be denied admission to the program, and regardless of whether correct information was given to SBA in accompanying documents or by other means.

(2) Failure by the concern to maintain its eligibility for program participation.

(3) Failure by the concern for any reason, including the death of an individual upon whom eligibility was based, to maintain ownership, full-time day-to-day management, and control by disadvantaged individuals.

(4) Failure by the concern to obtain prior written approval from SBA for any changes in ownership or business structure, management or control pursuant to §§124.105 and 124.106.

(5) Failure by the concern to disclose to SBA the extent to which non-disadvantaged persons or firms participate in the management of the Participant business concern.

(6) Failure by the concern or one or more of the concern’s principals to maintain good character.

(7) A pattern of failure to make required submissions or responses to SBA in a timely manner, including a failure to provide required financial statements, requested tax returns, reports, updated business plans, information requested by SBA’s Office of Inspector General, or other requested information or data within 30 days of the date of request.

(8) Cessation of business operations by the concern.

(9) Failure by the concern to pursue competitive and commercial business in accordance with its business plan, or failure in other ways to make reasonable efforts to develop and achieve competitive viability.

(10) A pattern of inadequate performance by the concern of awarded section 8(a) contracts.

(11) Failure by the concern to pay or repay significant financial obligations owed to the Federal Government.

(12) Failure by the concern to obtain and keep current any and all required permits, licenses, and charters, including suspension or revocation of any professional license required to operate the business.

(13) Excessive withdrawals, including transfers of funds or other business assets, from the concern for the personal benefit of any of its owners or any person or entity affiliated with the owners that hinder the development of the concern ( see §124.112(d).

(14) Unauthorized use of SBA direct or guaranteed loan proceeds or violation of an SBA loan agreement.

(15) Submission by or on behalf of a Participant of false information to SBA, including false certification of compliance with non-8(a) business activity targets under §124.507 or failure to report changes that adversely affect the program eligibility of an applicant or program participant under §124.204 and §124.112, where responsible officials of the 8(a) BD Participant knew or should have known the submission to be false.

The SBA 8a Termination Letter

If you receive notice of SBA recommendation for an 8a termination or for early graduation, you must act quickly and concisely. You must respond within 30 days of receipt of the letter.

A key aspect of the 30-day response is that you must respond with a thorough explanation to support your position. In addition, you must support your position with enclosed documentation. A simple and unsupported explanation will not suffice.

To protect your rights you should consider:

• Consider retaining an attorney
• Ensure that you respond with a detailed response (short letters will not suffice)
• Provide as much documentation to support your response
• Provide copies of checks, tax records, letters from your CPA (if applicable)
• You can also request reconsideration in addition to the above points

If you fail to provide a detailed and supported response, you can lose your 8a termination appeal very easily. This can result in actual termination. Alternatively, the SBA has an implied duty to act reasonably. The congressional intent of the SBA is to assist and help small businesses to succeed and not engage in arbitrary and capricious decisions.

In a perfect world the SBA should request additional information if your response to the termination letter lacks information. However, the case law suggest otherwise.

The bottom line is to “get it right the first time.” Consult with an experienced 8a termination lawyer to protect your rights.

Legal Authority is Key to a Termination Challenge

The SBA does have the ability to make a ‘business judgment’ decision in the best interest of the public. It has a lot of latitude to take adverse actions. It is important to know that the standard on appeal is not to substitute the decision. Instead, an appellate court is charged to decide only if the SBA abused its discretion or acted contrary to law. The benefit of having experienced counsel cannot be overemphasized.

The Termination Process

After you respond to the 30-day recommendation letter, the SBA may choose to move forward with its recommendation to Washington D.C.  At the headquarters level, a final agency decision will be in the form of a termination letter from Washington D.C.

After receipt, you then can appeal the decision. Time is of the essence.  Many businesses take on this complex task on their own only to find out that there also is a legal analysis that could save the day. Failure to strengthen your appeal with legal analysis can be disastrous.

If you are subject to early graduation or actual 8a termination from the SBA 8a program, seek help from a government contract law attorney quickly.

For more information, contact Watson & Associates, LLC at 720.941.7200.

By: Theodore Watson,

Government Contract Attorney & Consultant

I have seen many articles suggesting that getting government contracts is easy. See for example “how to get government contracts the easy way.” The truth is that government contract award takes some work and is probable.

Make no mistake about it; nothing is easy about federal contracting.

Large contractors are seeing a slight decline in federal contracts. However, they are currently wondering why.

The answer is two- fold:

• Most large contractors can afford to pay a staff of Request for Proposals (RFP) writers to crank out canned responses from RFP writing programs. The government is getting smarter and is looking for better value and more competitive response. Do large contractors understand how to accomplish this?
• Large businesses do not create genuine relationships with small businesses. Many times, a contractor will normally wait until an opportunity is posted, then scramble to find a small teaming partner or subcontractor. Again, agencies are becoming smarter at this and tend to shy away from large businesses that try to ‘pull a fast one.’

Getting Federal Contracts; How to Start on the Right Path

Government Contracting is a special ‘animal’ that requires study and dedication. The only legal requirement in getting government contracts is to be registered in the Central Contractor registration website (CCR). So many companies automatically start the road to the government in the same fashion as they would market in the commercial sector. This not only incurs unnecessary costs but at the end of the day, the probability of award does not increase.

• Just like any business venture, you must know the market before you start on a wild goose chase
• You have to know what agency has bought, and will be buying, your service or product
• Only after acquiring the above information has your path to success began

Federal Small Business Goals

Federal small business goals do not mandate an award to your company. As compared to state and county contracts, the Congress has tasked DOD to reach certain small business goals when awarding government contracts. For example, agencies have a 23% goal for contract awards to just small businesses. The following categories also have goals:

• Service Disabled Veteran-Owned Small Businesses (SDVOSB)
• Small Disadvantage Business (SDB)
• HUBZOne ( Historically Underutilized Business Zone
• Veteran-Owned
• Woman Owned

However, depending on who is speaking, there is a big misunderstanding of goals versus law. The government very seldom meets certain goal categories (namely HUBZOne and Service Disabled Veteran Companies.) Does this mean that the government has broken the law? Of course not!

The point here is that never want to assume that simply because your business has a certain status that you will get government contracts. As mentioned before, the key to getting government contracts is:

• Knowing the market and who are your targeted customers
• Building relationships within the agency

Positioning Yourself to Get Government Contracts

You must align yourself with the right companies and be able to solve the government’s problem. So many contractors (large and small) simply think that if they have the end user ‘in their pocket,’ that contracts will just flow to them. Realistically, this sort of thing does in fact happen.

However, the successful contractors follow a different road map. After market research is accomplished, you should accomplish the following things:

• If you are small business, then find a reputable teaming partner for any potential contracts
• You must identify any potential problem the agency has
• Develop your marketing materials to communicate a solution
• If you are selling a product, develop you marketing materials or presentations in a way that distinguishes your product AND how it will benefit the agency

The government wants to know two main things:

• Can you solve its problem
• Can you solve the problem with minimal risk and at a fair and reasonable price

As government contract consultants, we frequently get calls from businesses that expect to acquire a federal contract in 30 days. This is not only unrealistic but it tells me that contractors (large and small) really need more training on how to get government contracts. There are no get-rich-quick schemes in federal contracting.

You Must Know How to Write Effective Responses to RFPs

As a government contractor, you will more than likely have to bid for a federal contract. Opportunities are posted on www.fbo.gov. The agency will post its requirements and solicit responses. You must get up to speed on how to write effective and competitive proposals. Remember, the government wants to know whether or not you can solve its problem, and can you solve it with minimal risks and at a fair and reasonable price.

Learn How to Communicate Your Past Performance

Learning how to get government contracts means telling the agency who you are and what you’ve done. That’s all that matters. The government is not moved by high-branded names as may be the case in the commercial sector.

Many contractors incorrectly believe that if they have performed no government contracts, then their chances of getting an award in minimal. This is far from the truth. The problem is that you must learn how to communicate your past commercial experience and why it is relevant to a particular solicitation. Keep in the mind the following factors:

• The law requires the agency to give you at least a neutral rating if you have absolutely NO past performance
• Past performance must within the past 3 years AND relevant
• Remember that the government purchases commercial services and products

Our government contract consultants find common mistakes when a business bids on a federal contract. They include:

• Companies cannot write a proposal that separates them from the competition
• They cannot effectively tell the government about its problem and how the contractors knowledge and experience can solve the problem
• Many responses to solicitations attempt to capture unreasonable profits. Thus, the contractor looses the bid

Although the government is the largest customer for commercial supplies and services, you should not look at the agency as a “cash cow.” Agency’s typically already have a government estimate in place before the solicitation hits the street. With that said, the government often tends to have unrealistic estimates. This is a result on terrible market research habits.

Burden is up to you to communicate in your proposal that you have done your homework and that your prices are fair and reasonable when compared to the commercial market.

Getting Government Contracts on GSA Schedules

GSA is a quasi -government agency that creates a simple procurement mechanism for the agency to buy commercial services and products. However, getting on a GSA schedule is only but one way to position you to get government contracts.

Successful government contractors also scout the market to see whether the agency does in fact use the GSA schedule to purchase their particular service or product. Anything else is guess work! If approached correctly, you can get additional revenues by applying to get on schedule.

Look for Subcontracting Opportunities

Another way to get government contract dollars is to seek out subcontracting opportunities. The Federal Acquisition Regulation (FAR) requires that large businesses that are awarded government projects over $500,000 develop and solicit subcontracting opportunities to small businesses. This includes, HUBZOne, Service Disabled Veteran-Owned, Woman owned and Small Disadvantaged Business entities.

However, unless approached correctly, you may run into some problems such as:

• Large businesses giving the canned approach – “we don’t have any opportunities
• Your are told that “we have our own preferred subcontractors
• Your are told “there are no subcontracting opportunities

There ways to deal with these approaches. It is well know across the country that the government does not aggressively oversee large business subcontracting plans. As federal contracting consultants and former government contracting executives, we know this to be a reality.

Large Business Success

As a large federal contractor, there are always ways to improve your current strategy in getting government contracts. If you are a new contractor, you can invest in a well-versed and experienced government contract consultant on your team. Your focus should include:

• How to develop relationships with small businesses
• Learn how to better market your company
• Learn the best approach to events to get the best bang for your buck
• How to write more competitive responses to RFP’s

Small Business Success

As a small business, you must develop a plan of action that sets you on the right path to success. You should set aside a budget to get professional help on your team. If you are new to government contracting, getting the help you need can bring returns and improve your bottom line – more revenue. You must focus on:

• Market Research
• Developing Relationships with agencies
• Knowing the federal procurement rules

Summary

The government is the largest customer of commercial services and products. You learn how to effectively pursue the government market by getting experienced help. If you retain a consultant, ensure that they understand both the federal procurement rules and act on solid market data. Anything else is guesswork.  Both large and small contractors are experiencing difficulty in getting government contractors. There is a reason why.

For more information or additional help, call Theodore Watson at 720.941.7200

By: Theodore Watson, Attorney and Consultant

The Small Business Administration (SBA) 8a Program allows small business to form a joint venture (JV) with other small companies. This is allowable when the 8a cannot complete the federal contract by itself. The guidelines for operating under a joint venture should not be overlooked. When relationships go sour, the 8a company should be concerned about such problems as termination (if it cannot finish the project).

The SBA must approve the Joint Venture (and the Joint Venture Agreement). If the project is for a total small business set aside the SBA does not have to approve the JV simply because an 8a company is involved. Furthermore, any amendments to the agreement must also be approved by the SBA.

Key points for approval include:

• Substantial benefit to the 8a company
• The 8a company must manage and be responsible for the contract
• The agreement must be fair and equitable
• For a size standard based upon employees, the procurement must exceed $10 Millio
• For size standards based upon revenues, the project must be over one half the size standard amount

Good Business Judgment When Entering into a Joint Venture Contract

Choosing a JV partner needs careful consideration and due diligence. Given the tough economy, government contracts are becoming more competitive. As a result small businesses are seeking creative ways to acquire federal projects. Large businesses are also seeking out small businesses as joint venture partners. If you choose to pursue a JV partner, you should consider the following.

• Ensure that you have someone on your team that understands the ins and outs of JVs
• Have a government contract attorney review or draft your joint venture agreement
• Thoroughly perform your due diligence on the potential JV partner (past performance, financial strength etc.)
• Ensure that the responsibility of each joint venture partner is clearly spelled out
• Ensure that you have a well thought out quality assurance plan to minimize risk of nonperformance

If you are not familiar with this aspect of federal procurement, you should consider hiring an experienced consultant or government contract lawyer.

Prior Approval by SBA Required Only in Certain Situations

The SBA must only approve a JV agreement if there is an 8a set aside. Oftentimes contractors wait until the government advertises a contract to then find a JV partner. This sometimes too late and the SBA has no responsibility to ‘speed things up’ for you. This creates problems for proposal submission. You simply cannot get around SBA approval for 8a companies. However, the SBA is ONLY required to approve agreements for 8a set asides. The Office of Hearing and Appeals made this clear in Size Appeal Diversified Global Partners JV LLC, SBA No. SIZ-4967 (2008). The following are some of the key points for JV approval:

• SBA must approve a joint venture agreement prior to the award of an 8(a) contract on behalf of the joint venture
• Contract execution. Where SBA has approved a joint venture, the procuring activity will execute an 8(a) contract in the name of the joint venture entity
• Amendments to joint venture agreement. All amendments to the joint venture agreement must be approved by SBA
• Inspection of records. SBA may inspect the records of the joint venture without notice at any time deemed necessary

In one case OHA ruled that neither SBA area offices nor OHA have authority to review mentor/protégé eligibility issues, including mentor/protégé and joint venture agreements. The Court analyzed a recent decision, Size Appeal of White Hawk/Todd, A Joint Venture, SBA No. SIZ-4950 (2008), which held that only SBA’s Office of Business Development has authority to review a mentor-protégé agreement. Thus, concerns regarding whether a mentor/protégé relationship fully complies with the applicable regulations should be dismissed if raised in a size protest to an SBA area office or on appeal to OHA.

Contents of the Joint Venture Agreement

It is common for contractors to copy JV templates from the internet, rather than having a government contract attorney to draft a solid document. Choosing such shortcuts can be costly in the end. You must remember that SBA templates may contain the minimum requirements for SBA approval. This has nothing to do with issues that may arise during litigation of the JV relationship. Every joint venture agreement to perform an 8(a) contract, including those between mentors and protégés authorized by Sec. 124.520, must contain a provision:

Setting forth the purpose of the joint venture

Designating an 8(a) Participant as the managing venturer of the joint venture, and an employee of the managing venturer as the project manager responsible for performance of the 8(a) contract

Stating that not less than 51 percent of the net profits earned by the joint venture will be distributed to the 8(a) Participant(s)

Providing for the establishment and administration of a special bank account in the name of the joint venture. This account must require the signature of all parties to the joint venture or designees for withdrawal purposes. All payments due on joint venture contract for performance on an 8(a) contract will be deposited in the special account

• all expenses incurred under the contract will be paid from the account as well
• Itemizing all major equipment, facilities, and other resources to be furnished by each party to the joint venture, with a detailed schedule of cost or value of each
• Specifying the responsibilities of the parties with regard to contract performance, source of labor and negotiation of the 8(a) contract
• Obligating all parties to the joint venture to ensure performance of the 8(a) contract and to complete performance despite the withdrawal of any member
• Designating that accounting and other administrative records relating to the joint venture be kept in the office of the managing venturer, unless approval to keep them elsewhere is granted by the District Director or his/her designee upon written request
• Requiring that the final original records be retained by the managing venturer upon completion of the contract
• Stating that quarterly financial statements showing cumulative contract receipts and expenditures (including salaries of the joint venture’s principals) must be submitted to SBA not later than 45 days after each operating quarter of the joint venture AND
• Stating that a project-end profit and loss statement, including a statement of final profit distribution, must be submitted to SBA no later than 90 days after completion of the contract

Performance

For any SBA 8a Joint Venture Contract, including those between mentors and protégés authorized by 13 C.F.R. Sec. 124.520,  the joint venture must perform the applicable percentage of work required by Sec. 124.510, and the 8(a) partner(s) to the joint venture must perform a significant portion of the contract.

Problems during Contract Performance

Oftentimes, the joint venture partners will encounter disputes during the performance period.  The managing partner must be very cautious in this scenario because he controls the venture. Sound decisions must be made simply because liability may arise for nonperformance. Common disputes can include:

• The non-managing joint venture partner wants to control the project
• The partners do not agree upon how a specific part of the contract should be performed
• One of the partners wants to amend the terms of the joint venture agreement

The key to resolving disputes in a joint venture relationship is to know who is in control. The 8a firm must be in control of the joint venture relationship. Many companies believe that after the initial agreement is approved, then it is not important what happens afterwards. Nothing can be far from the truth. This is where having an experienced government contract attorney can help. He or she should be able to advise you when problems of control arise.

Arbitration Clauses

A highly complex situation arises when arbitration clauses are involved. It is important that the arbitration clause in a joint venture agreement is intended to resolve disputes during contract performance.

For example, an arbitrator may step in to assign duties and responsibilities with a focus on getting the contract performed while the dispute is settled.

However, the arbitrator does not have jurisdiction to amend the joint venture agreement. Under 13 C.F.R 124.513 (g), ONLY the SBA can approve an amendment to a joint venture agreement. The legal analysis here is that this section provides exclusive jurisdiction to the SBA.

Therefore, any arbitrator decisions that amends the terms and conditions of the original joint venture agreement must be struck as void. A decision that allows the non 8a company to make controlling decisions arguable changes the terms and conditions of the original agreement.

Government contract attorneys should be aware of this subtle but concise rule of law. It is important to note that the SBA approved Joint Venture Agreement contemplates that partnerships may dissolve or end for whatever reason. For example, the rules address wing up of the JV and what should happen to accounting information etc. If another authority besides the SBA attempts to amend or change the rules, an argument for lack of subject matter jurisdiction should arise.

Fraud

As previously mentioned the 8a firm must be in control and derive a substantial benefit from the contract. In the event that either party (or both) submits a proposed agreement  and with the intent of later  allowing the non-8a firm to control  the contract, then each may be subject to fraud claims from the government. This is particularly common when large businesses enter into a JV agreement with a small business. The most prevalent industry is in construction where the large business brings bonding to the table.

The congressional intent as set forth in the law is to create “substantial benefit to the 8a Firm, and to have the 8a company control the project.

If you seek a government contract lawyer to help with JV agreements or to review or draft your joint venture agreement, contact     Watson & Associates, LLC at 720.941.7200.

By: Theodore P. Watson, Government Contract Attorney and Consultant

After 911, access to the federal government has become very limited. Contractors now have to create new and innovative ways to market to the agency to sell their services and products. As many successful contractors know, building relationships with the government is one of the critical aspects of marketing to the government.

• There are over 80,000 agencies
• There is no bigger business than selling to government
• Marketing to the government takes time and is definitely not a simple task

There are no short cuts to acquiring government contracts. Many companies incorrectly believe that marketing to the federal government is done in the same manner as in the commercial sector. As a result, they spend thousands of dollars hiring employees with inflated resumes, going to events that don’t get results or simply not spending to the time to develop relationships with the agency decision-maker.

Analysis of Marketing to the Federal Government

Most companies will start the process in federal procurement as a subcontractor. This is especially true with construction contracts. However, given the push for more awards to small businesses, you can be successful with the right approach. For example, teaming arrangements.

As a product vendor, you should simultaneously start to acquire leverage in the commercial market. The government wants to know your performance in the commercial sector in order to weigh its risk when you first come to the federal marketplace.

• Building a reputation in the commercial sector is critical to your performance ratings in federal contracts
• Having your marketing staff keep statistical data on the success of your commercial efforts. This is an important piece when writing responses to solicitations and RFPs.

Know the Landscape of the Federal Market. Many companies quickly jump into the government contracting arena without knowing the ‘turf’. When our marking consultants assist clients with marketing to the federal government, we first gather data on the agency buying habits. This is critical.

• Understanding the government’s buying habits is key to a successful marketing campaign
• There are over 80,000 agencies. Scouting the market narrows your focus
• You must know which agency buys your product or service
• Knowing the market saves money and effort
• You must also know your competitors and who is also selling to the agency
• Market research and target specific agencies
• You should target emerging contractual vehicles ( service disabled, 8a, HUBZone and GSA)

Developing and Proving the Caliber of Your Service or Product is Critical. As a former government contracting official, I’ve seen many businesses present themselves both on paper and by in-person briefings. The results were sometimes damaging to the contractor.

Marketing to the government takes effort, skill and patience. You cannot simply think that procurement personnel are sold by sending them a one-page document that has your company name and address on it.  Nor does a simple brochure that tells them your product or service is the best thing on the earth sell them either.

• You must know the agency’s problem and be able to let them know you can fix it
• Quick delivery and turnaround time is an essential element of selling a product
• The government demands quality and innovative ways to solve problems
• Your reputation is also critical when marketing to the federal government

Marketing to the government is not easy but the return can make it worth your while. As mentioned earlier, there are no get-rich schemes to acquiring government contracts. As federal marketing consultants, our firm focuses on developing solid marketing materials that talk about:

• Solving the agency’s problems
• Quality and reputation
• Cost-effectiveness
• Additional value concerns to the government
• Who you are and what you have done
• Showing that you know Industry and any future developments

Marketing materials that contain anything else will not be taken seriously. The government simply wants to know “what do you bring to the table and how can you solve its problems?”

Using Corporate Ad Agencies Does Not Help

Using a corporate ad agency to market to the federal government does not help. As mentioned before, building relationships with the agency calls for a different skill set that normally required in the commercial market place. Although one or two of the marketing companies may have a track record, the others tend not to grasp the procurement rules and regulations.

GSA Schedules – Good or Bad?

As government contract attorneys and marketing consultants, we often advise our clients to never fall for the old saying “get a GSA schedule and just wait for the phones to ring.” Marketing to the government just doesn’t magically get you millions. About 3-5% of GSA contractors control most of government dollars.

To successfully capture dollars on a GSA schedule you must also:

• Understand whether the government buys your service or product on GSA schedule
• The geography of what agencies and where are your targeted market agencies
• Remember that getting on GSA schedule should only be part of your entire marketing strategy and not the end

Should Branding and name recognition be the forefront when marketing to the government? Shockingly, the answer is a big “NO.” Except for computers, where DELL controls the government market, the government wants to know the bottom line; can you solve their problem AND what do you bring to the table?

• Commercial branding  does not guaranty you government contracts
• You simply should not market to the government in the same fashion as in the commercial sector – this is the biggest and most expensive mistake made by new federal contractors.

Tradeshows

Many small companies cannot afford to attend tradeshows. The question is whether they are really effective when marketing to the federal government. A few points should be made:

• Tradeshows eat up big bucks
• Don’t expect miracles to happen at an event
• You must strategically select which tradeshows to attend
• When picked carefully, trade shows bring great success for government contract marketing
• Prepare you materials to send a particular message (You can solve an agency problem or to demonstrate the benefit of your product)
• Go to smaller tradeshows where decision makers tend to be
• Segment the market and focus and sizing up opportunities

Hiring Your Marketing Team

Many government contractors seek to hire former government personnel in hope of landing big contracts. Yes, it looks good on paper but hiring the wrong person can also be disastrous. Watson & Associates, LLC have former contracting offices and small business personnel on staff. However, our consulting strategy is based on a more focused approach instead of hope and guess work.

• Never believe that the only way to market is to hire a person in Washington, D.C. This guarantees you nothing.
• Learning  the market and learning to build relationships can be done from anywhere in the country
• Watch for spam e-mails professing to get government contracts

Searching for capable teaming partners can be very effective

As government contract and marketing consultants, we often advise our clients to seek out capable teaming partners. It is no big secret that small companies lose out on opportunities that may be too large for one company to handle. Thus, the only capable contractor would be the larger businesses.

In fact, larger businesses are seeking teaming arrangements with select small business such as service disabled veterans and 8a companies.

• Get advice on selecting a teaming partner
• You can now ,market you teaming partner’s capability along with your own

Key Marketing Tips

• Tradeshows (when carefully selected) can bring big dividends
• Following up on contacts from tradeshows is the biggest mistake made
• Remember that building relationships is the key to success
• People ( the government is comprised of people) like to buy from people they meet face to face
• Marketing to the government is based on problem solving and desire to serve
• Do not hire commercial marketing companies that guaranty results
• If you are going to retain a government contract consultant, then ensure that they understand the rules and the market
• Government contract marketing must focus on how the government sees your company ; whether you can solve its problems; who you are and what have you done
• Get the right marketing consultants on board
• Know how to demonstrate your product or service; highlight the benefits or value to the government
• Your marketing strategy must be consistent

If you are seeking competent government contract consultants, feel free to contact Watson & Associates, LLC at 720.941.7200

By Peter B. Ford

Under Colorado law, partnerships are governed by the Revised Uniform Partnership Act of 1997 (“R.U.P.A.”). R.U.P.A. defines a partnership as “the association of two or more persons to carry on as co-owners a business for profit.” R.U.P.A. § 101(6) (emphasis added). While in its most simplistic sense, the term person refers to an individual, R.U.P.A. expands that term to mean a “corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.” Id. at § 101(10).

Thus, the rules governing partnerships in Colorado are quite relaxed with respect to who and/or what can form a partnership. Furthermore, R.U.P.A does not require that the parties subjectively intend to form a partnership or draft a partnership agreement; the only requirement with respect to partnership formation is that the parties intend to carry on as co-owners a business for profit.

That being said, as a business person or entrepreneur, it is important that you take precautions when forming business relationships with other parties, especially considering the duties, rights and potential liabilities that a partnership entails.  Having a business partnership attorney craft a sound partnership agreement is key.

Although no formal partnership agreementis required to form a partnership, more often than not, the parties to a partnership govern the precise nature of their relationship though a written partnership agreement. A partnership agreement allows the parties to prescribe different rules (i.e. rules that differ from those defined under R.U.P.A.) that govern their business relationship. However, R.U.P.A. § 103 enumerates certain statutory provisions that are non waivable, meaning that even with the existence of a partnership agreement, certain rules must still be adhered to. For example, a partnership agreement may not:

• unreasonably restrict the right of access to books and records…;
• eliminate the duty of loyalty…;
• unreasonably reduce the duty of care…;
• eliminate the obligation of good faith and fair dealing…;
• vary the power to dissociate as a partner…except to require the notice…to be in writing…;
• vary the right of a court to expel a partner…;
• vary the requirement to wind up the partnership business in [certain] cases…; or
• restrict [the] rights of third parties under [R.U.P.A.]. Id.

So, why do partnership agreements exist? Why don’t partners merely shake hands and allow their business relationship to be governed by the statutory provisions of R.U.P.A? The answer is two-fold. First and foremost, a partnership agreement provides a business with structure and thus helps to avoid uncertainty. Second, by defining the rights, duties and liabilities of the partners, a partnership agreement precludes the automatic application of potentially unseemly statutory law. See When a Handshake Is Not Enough: Why You Need a Partnership Agreement, available at http://www.ozsmallbiz.net/partnership-agreements/. For example, with respect to business profits, absent a provision in the partnership agreement to the contrary, profits will be divided equally among the partners, regardless of each individual partner’s capital contribution or effort. Id.

Similarly, unless stated otherwise in the partnership agreement, losses incurred by the business will be allocated among the partners in the same manner as profits. With respect to the liabilities of the company, absent a provision in the partnership agreement to the contrary, all partners will be held jointly and severally liable, meaning if one partner incurs a debt which he or she fails to pay, the creditor may opt to collect the entire debt from any partner. Id.

Finally, with respect to business decisions, absent a provision in the partnership agreement to the contrary, each partner has an equal say in the business. Id. While allowing each partner to have an equal say in reaching business decisions seems fair and equitable, it often leads to disputes and could potentially lead to the dissolution of the business. Id.

For more information on partnerships or other business entities, please feel free to contact Peter B. Ford, Esq. at Watson & Associates, LLC. or call 720.941.7200

Termination for Default

By Peter B. Ford, Esq.

The right of the federal government to terminate a federal government contract for default lies within the Federal Acquisition Regulations (the “F.A.R.”) which mandates that nearly all federal government contracts include a Default clause. See Adrian L. Bastianelli III et al., Federal Government Construction Contracts 337 (2003). Default clauses can be traced as far back as the Civil War, and as government contracting has evolved over time so has the language typically found in a Default clause. Id.

While the precise contractual language found in a Default clause is dependent on the type of government contract, more often than not, the federal government’s right to terminate a federal government contract for default is exercised due to a contractor’s failure to complete the contract by the mandated contract completion date or failure to make satisfactory progress gauged by percentage of contract completion. Id. at 344-46. For example, F.A.R. 52.249-9, which governs Default clauses for fixed-price research and development contracts, states that the federal government may terminate the contract for defaultif the contractor fails to “(i) [p]erform the work under the contract within the time specified in [the] contract or any extension; (ii) [p]rosecutethe work so as to endanger performance of [the] contract…; or (iii) [p]erform any of the other provisions of [the] contract….” F.A.R. 52.249-9(a)(1). Federal government contract attorneys, Theodore P. Watson & Associates, LLC, advise clients to pay very close attention to the language of a Default clause. Failure to reach contract milestones can lead to the government contract being terminated for default and the government contractor liable for damages such as excess reprocurement costs and even liquidated damages.

Three important notes on default terminations and government contracts

First, the federal government’s right to terminate a contract for default is discretionary, meaning that upon a finding of default a contracting officer is not required to automatically terminate the contract. Bastianelli III at 339. In fact, the F.A.R. enumerates seven factors to be used by a contracting officer as a guide in determining whether to terminate a contract for default. Id. at 340. See F.A.R. 49.402-3(f). Second, as with all contractual agreements, upon notice of default, the contractor may assert defenses in an attempt to justify a failure to timely perform or a failure to make satisfactory progress. Bastianelli III at 344-50. A contractor charged with failure to timely perform the contract may argue substantial performance, excusable delay or government waiver of completion date as defenses to a termination for default. Id. at 344. Likewise, a contractor charged with failure to make satisfactory progress may argue similar defenses. Third, where a contracting officer terminates a government contract for defaultbased on the contractor’s failure to make satisfactory progress gauged by percentage of completion, the federal government must justify its termination by proving with “clear and convincing evidence” the inadaquecy of the contractor’s progress and the high improbaility that the contract will be completed by the completion date. Bastianelli III at 351. The federal government contract attorneys at Theodore P. Watson & Associates, LLC emphasize to clients the importance of knowing your rights and available defenses upon the termination of a federal government contract for default.

Legal Decisions

In a recent decision, the Armed Services Board of Contract Appeals (hereinafter “Armed Services”) upheld the termination for default of a federal government contractor awarded a contract by the Army Corps of Engineers, Europe District. Appeals of FFR-Bauelemente + Bausanierung GmbH, ASBCA Nos. 52152, 54563, 54808, 54809, 55017 (July 6, 2007). Appellant was originally awarded a fixed-price construction contract for the restoration of building 8246, Smith Barracks, Baumholder Germany. Id.at 1. The completiton date was 290 days, approximately nine months, following the date of the contract award. Id. at 20. After 113 days, approximately four months after the date of the contract award, the contracting officer concluded that appellant could not reasonably complete the contract by the contract completion date since virtually no work had been accomplished. Id. The contracting officer issued requests for proposals and awarded the remainder of the contract to another federal government contractor 60 days after appellant’s termination for default. Id. at 36.

Armed Services began its analysis by stating that a termination for default is a drastic sanction. Id. at 32. They stated further that a termination for default requires the existence of a reasonable belief on the part of the contracting officer that the contractor could not perform the the entire contract effort within the remaining time for contract performance. Id. Armed Services held that the contracting officer had acted reasonably in determining that appellant could not complete the remainder of the contract by the contract completion date. They held further that the contracting officer had acted reasonably to minimize excess costs, obtain a reasonable price and mitigate its losses. Id.For that reason, appellant was held liable for the excess costs of reprocurement. Id. at 37. In addition, because the contracting officer was justified in terminating appellant’s contract for default, Armed Services held that the Army Corps of Engineers was also entitled to liquidated damages. Id. at 38. At Theodore P. Watson & Associates, LLC our federal government contract attorneysand consultants understand that a termination for default is not something to be taken lightly by a federalgovernment contractor. Fighting the federal government and avoiding excess repocurment costs and liquidated damages may not be an easy task, but it can be done, so long as you know your rights and have the proper legal guidance.

For further information regarding this legal topic or any other aspect of federal government contract law, please feel free to call Peter B. Ford, Esq.  (720) 941.7200 at Theodore P. Watson & Associates, LLC. Or contact us online.

Watson and Associates, Serving government contractors in Colorado, Wyoming, New Mexico, Kansas and Nebraska, New York, Los Angeles, San Francisco, Chicago, Illinois, Michigan, Pennsylvania, Virginia, North Carolina, South Carolina, Arkansas, Denver, Colorado Springs, Utah, California, Oklahoma, Ohio, Maine, Florida, Texas, Nevada, Las Vegas, Georgia, Hawaii, Alaska, Washington D.C., West Virginia, Florida, Indiana, Washington, Mississippi, Tennessee, Miami, Virgin Islands, Rhode Island, Vermont, Wisconsin, Minnesota, Missouri, Virgina, Delaware, Connecticut, Arizona, New Hampshire, Massachusetts, Montana.

By: Theodore P. Watson, Esq. Government Contract Attorney

As the economy becomes tougher, more and more businesses are seeking to venture into government contracts as a way of sustaining long-term income. This is a very lucrative business venture. However, contractors must also be aware of the federal procurement rules

If you are a new business, or even an existing business, becoming a contractor with the federal government is pretty easy. Unlike state government contracting programs, the federal government has a virtually free process. The Federal Acquisition Regulation (FAR) only requires a business to be registered at www.ccr.gov.

The government generally advertises contracts over $2500,000. www.fbo.gov is the focal point for all government agencies to advertise government contracting requirements.

Q: Do I need a business plan or other documents to be a government contractor?

No. Government contracting, unlike most state programs is a relatively easy process you do not need a business plan or tax filings to become a federal contractor.

Q: After I register, what else do I need to do to become effective at government contracting?

After registration, the key is developing simple marketing material and a strong capability statement. You must be able to articulate to the government contracting officer what services or products you offer. Have a separate page with your NAICs codes. This series of six numbers spells out the industry for which you offer services or products.

Q. Can only small businesses perform government contracts?

No. However, the Small Business Act suggests that the government contracting agencies offer contracting opportunities to small businesses if there is reasonable expectation that two or more small businesses will submit an offer.

There are some industries where statistics show that large businesses can perform more effectively For example garbage services are generally open to large government contractors to bid. This is called “full and open competition.”

Q: What if I have no previous experience; can I become a government contractor?

Yes. Congress receives the majority of taxes from small business. Thus, it would be counter-intuitive for it to only require small businesses that have previous past performance to qualify to become a government contractor.

Government contracting law states that if a bidder submits a bid but has no past performance, the contracting officer shall give you a neutral rating. In other words, you cannot be given a negative rating.

Q: How do I overcome a lack of previous experience when bidding on government contracts?

Government contract law allows businesses to team with other companies and create joint ventures in order to perform government contracts. You should seek out qualified businesses that have the past performance, equipment or other resources that you can compliment each other on.

Q: Do I need to acquire professional consultants to become a government contractor?

This answer depends on your business goals, budget and contract initiatives. If you have a budget, it may be wise to secure a professional government contracting consultant that understands the process. For example our firm offers training for large corporations. However, we also consult with smaller businesses that don’t have large budgets but still need to be pointed in the right direction.

Do I need to hire an attorney if I choose to go into government contracting?

Government contract law has many winding rules. However, it is not necessary to hire a government contract attorney right away. As you learn the process for an experience federal consultant, you may want to retain outside counsel in order to have questions answered as they arise.

During public speaking engagements and government contract training seminars, our lawyers typically suggest that when you are awarded a government contract, you should at a minimum consult with an attorney to understand what contractual obligations you have to fulfill.

What are the chances of me getting a government contract?

Although nothing is guaranteed, you can increase your chances but having experienced government contracting persons on your team. There are numerous statistics that show first timers are awarded government contracts. The government contracting rules even allow for an emerging small business category. Here, the contracting officer can award projects at $25,000 or less without consideration of past performance. I would say that your chances (given that you have strong advisors) can range from 50-60% Knowing how to market to the government is the first priority. Learning how to be competitive and present your business to the agency is also paramount.

For instance, our team has actually assisted clients that have never been engaged in government contracts in awards. Therefore, it is not impossible to do. Knowing how the game is played is critical. Remember, a contractor should not market to the federal government in the same manner as in the commercial sector.

For additional questions feel free to contact our office at 720.941.7200 or visit our main government contracting website

To file for a divorce in Colorado you must have resided in the state for at least 90 days prior to the filing of your case. As grounds for your case you must allege that the marriage is irretrievably broken. This means that there is no way that you all will get back together. Watson & Associates educates family law clients on what to expect when you file for a Colorado divorce.

What happens after the action is filed?

Colorado divorce law implements an automatic restraining order. Good divorce attorneys will instruct you not to close bank accounts, sell property or move the children out of state. The penalties can be pretty stiff and it will harm the result of your case. If you know that is occurring you should bring this to the attention of your attorney immediately.

The divorce process. How long does it take?

A Colorado divorce court will not grant a divorce until at least 90 days after filing. Having said this, the may be various contested matters such as child custody, marital property or other family law disputes. This just increased the wait time.

You should find an attorney that can help you minimize divorce disputes. This reduces the time that the court has to get involved.

What happens when you can’t agree on terms?

The answer is simple. The court does it for you. During a divorce proceeding, your divorce attorney should focus on resolving matters. Sometimes, you the client may have to compromise. Why? The court may solve the problem in a fashion that you may not like. Remember, comprise means that someone has to give up something and not all or nothing. Contact one of our Denver divorce lawyers today for immediate help or call 720.941.7200.