1. Home
  2. |Insights
  3. |Hurricanes Helene and Milton Put a Spotlight on Disaster Response Contracting Efforts

Hurricanes Helene and Milton Put a Spotlight on Disaster Response Contracting Efforts

Client Alert | 1 min read | 10.09.24

The federal government’s response to Hurricanes Helene and Milton will increase its reliance upon government contractor support to perform critical tasks in the coming months.  The Federal Emergency Management Agency and other federal, state, and local agencies charged with disaster response and recovery will look to contractors to provide everything from logistics to housing, construction, and security services.  National disaster contracting provides contractors with immediate opportunities to assist in the recovery effort, but given the time sensitivity, evolving customer needs, and critical nature of the work, contractors must be prepared to: (i) perform under tight deadlines and high scrutiny; (ii) seek clarity with respect to the scope of work they are asked to perform; (iii) properly manage contract and change order documentation; and (iv) maintain contract files for subsequent audits and other inquiries which can take place years after the recovery effort has ended.  One of the most common contract risks associated with disaster response efforts is the inevitable “scope creep” as contractors encounter ever-changing events on the ground, which puts an emphasis on record keeping and timely communications with government customers, to ensure payment for work performed.

In addition, when responding to disasters, agencies typically turn first to regional or local businesses to rapidly support relief efforts.  Contractors, especially small businesses getting involved for the first time, can prepare for these recovery opportunities by making sure they are registered in SAM.gov and added to the Disaster Response Registry.  Additional information on participating in the Disaster Response Registry is available here:  Disaster Response Registry | Acquisition.GOV

Insights

Client Alert | 3 min read | 03.03.25

HHS Suggests It Will Provide Less Notice and Opportunity for Comment on Grant and Contract Rules

On February 28, the Department of Health and Human Services (HHS) announced that it was rescinding the Richardson Waiver, a policy in place since 1971 which said HHS would provide notice of proposed rulemaking in certain cases where it was not otherwise required to do so by law. This announcement signals a policy shift for the agency and suggests that where permitted by law, HHS will generally now issue rules relating to “agency management or personnel or to public property, loans, grants, benefits, or contracts” without providing notice and comment to stakeholders, and may otherwise find good cause to forego notice and comment procedures....