Technical Excellence in Government Contracts
and Construction Matters Since 1893.
Oles Morrison
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Adam Lasky helps clients across the nation navigate and win government contracts. With extensive experience litigating federal and state bid protests, Adam has a notable track record of success in multiple protests before the U.S. Court of Federal Claims, GAO and state/local agencies. These successes coupled with his attention to detail and problem-solving capabilities make him the ideal resource for organizations seeking comprehensive counsel on government contracts. Government contractors and subcontractors look to Adam for counsel on how to enhance the chances of receiving contract awards, ensure compliance with the FAR and SBA regulations, and proactively administer a contract and minimize risks that arise during contract performance. He has advised clients on a wide variety of federal, state and local procurements covering all kinds of industries.

A respected thought leader in the government contracts industry, Adam is the author of several articles and chapters in books on bid protests, including “A Practitioner’s Road Map to GAO Bid Protests” (The Construction Lawyer) and the bid protests chapter of “Federal Government Construction Contracts” (ABA 2d ed.). He is also the editor of Oles Morrison’s government contracts blog, The Procurement Playbook.

Representative matters

Bid Protests

Successful pre-award bid protest challenging FHWA decision to re-solicit and re-evaluate proposals based on revised criteria set forth in an amendment to the solicitation. The U.S. Court of Federal Claims held FHWA’s actions to be arbitrary and capricious and issued a permanent injunction in favor of our client. Professional Service Industries, Inc. v. U.S., 129 Fed. Cl. 190 (2016)

Successfully protested FHWA’s award of $18 million laboratory support services contract on basis that awardee’s proposed key personnel fail to meet the RFP’s minimum qualification requirements. GAO sustained our protest and awarded our client its attorneys’ fees. Professional Service Industries, Inc., B-412721.2 et al., 2016 CPD ¶ 234, 2016 WL 4582238 (Comp. Gen. July 21, 2016)

Successfully protested the Army’s award of an approx. $90 million small business set-aside contract for logistical support services in Hawaii. The U.S. Court of Federal Claims found there were ample grounds to sustain our client’s bid protest. Dellew v. U.S., 127 Fed. Cl. 85 (2016)

After we protested the Navy’s award of a nearly $70 million contract for janitorial and custodial services at Walter Reed Medical Center to the incumbent contractor, the Navy took corrective action, revaluated proposals and awarded our client the contract. We then successfully defended that award against a bid protest by the incumbent contractor at the U.S. Court of Federal Claims. NVE, Inc. v. U.S., 121 Fed. Cl. 169 (2015)

Successfully protested the GSA’s award of a contract for a multi-site custodial and maintenance services contract in Texas, which was set-aside for service-disabled, veteran-owned small businesses. GAO sustained the bid protest and awarded our client their attorneys’ fees. Quality Services International, LLC, B-410156, et al., 2014 CPD ¶ 330, 2014 WL 6657714 (Comp. Gen. Nov. 3, 2014)

Successfully protested the Navy’s elimination of our client from the competitive range in a procurement for base operations services valued at nearly $350 million. GAO sustained our bid protest and awarded our client its attorneys’ fees. West Sound Services Group, LLC, B-406583.2, B-406583.3, 2013 CPD ¶ 276, 2013 WL 6247506 (Comp. Gen. July 3, 2013)

Successfully represented a materials testing and engineering contractor challenging FHWA’s improper sole source award of a laboratory support services task order to another contractor. After we filed a GAO protest and obtained a CICA stay of performance of the protested contract, the government announced it was going to override the CICA stay. We went to the U.S. Court of Federal Claims and successfully obtained a temporary restraining order prohibiting the government from overriding the CICA stay during pendency of a GAO protest. As a result, the government took corrective action, canceled the task order award we had protested, and awarded the client a task order for the work.

Successful pre-award protest challenging experience requirements as unduly restrictive of competition in the RFP for the Guantanamo Bay BOS contract. The Navy took corrective action in response to our protest by eliminating the protested restriction.

Successfully defended against a bid protest challenging the award of laundry services contract to our client by the Army. GAO granted our motion to dismiss the protest based the protestor’s failure to comply with GAO filing deadlines.

Successfully protested the Army’s failure to award our client an IDIQ contract to our client in a MATOC procurement for a design-build medical facility construction valued at $585 million. After the U.S. Court of Federal Claims issued a preliminary injunction, the Army took corrective action and awarded an IDIQ contract to our client.

Successfully represented a specialty manufacturer challenging the award of contract for a Navy landing craft. As a result of the protest we filed at GAO, the Navy took corrective action requested, resulting in award of a contract to our client.

Successfully represented a medical services contractor protesting the award of a contract for operation and maintenance services at U.S. Army medical facilities located in a foreign country to another contractor. The Army took corrective action in response to our GAO protest, canceled the protested contract award, and eventually awarded the contract to our client.

Successfully represented a telecommunications contractor protesting the elimination of its proposal from a competition for a NASPO multiple-award contract to supply communications equipment to state and local agencies across the country. As a result of our public records requests, bid protests and letters to the Washington state attorney general, the lead procuring agency took corrective action and conducted a brand-new procurement, ultimately resulting in award of a contract to our client.

Successfully represented a contractor protesting the City of New Orleans’s failure to award the client a spot in the City’s engineering and material services contract pool for construction projects. As a result of our protest, the City canceled all the awards under the RFQ and announced it would conduct a brand new procurement.

Represented a construction contractor challenging a local agency’s elimination of our client’s proposal as non-responsible in a procurement for a port facility. After we obtained a temporary restraining order, the agency offered to award our client a portion of the contract and pay a portion of client’s attorneys’ fees.

Successfully represented a construction contractor protesting the elimination of its bid, and award of a contract to another contractor, to build a waste treatment facility for failing to comply with the Washington State subcontractor listing statue. After we filed a bid protest challenging the government’s decision to eliminate our client’s bid, the government took corrective action by canceling the award and agreeing to re-bid the project.

Successfully represented a developer protesting the award of a long term development and property management contract for one of the most sought after public land developments in Seattle. As a result of our protest, the awardee and our client negotiated a contract to co-develop the project.

Successfully protested U.S. Navy Military Sealift Command’s award of a $32 million O/M contract for the SBX-1 – the floating, self-propelled, mobile radar system used by the U.S. Missile Defense Agency to detect and track incoming ICBMs fired at the United States. GAO sustained our protest, finding that agency had made numerous errors in the evaluation of the awardee’s past performance, and awarded our client its attorneys’ fees. TOTE Services, Inc., B-414295, B-414295.2, 2017 WL 2417191 (Comp. Gen. April 25, 2017).

Suspension and Debarment

Defended laundry services contractor against debarment action brought by the Department of Labor for Service Contract Act violations. As a result of our efforts the Department of Labor dropped its debarment action and entered into an administrative agreement with our client.

Claims and Disputes

Represented a construction contractor in an ASBCA appeal involving claims valued at over $25 million for defective specifications, differing site conditions and cardinal change on a design-build construction contract for large residential facilities at an Air Force base.

Represented housekeeping contractor in bid mistake claim against the Air Force at the ASBCA.

Represented a construction contractor in a bid mistake claim against the Navy at the ASBCA.

Represented prime contractor in disputes with the U.S. Army and its subcontractor regarding an HVAC system for a highly sensitive research laboratory.

Represented large JV on $150 million plus design-build project for a new section of highway including several bridges, for a state DOT. Involved throughout project with major differing site conditions claims leading to substantial change orders and ultimately an agreed termination.

Represented prime contractor in litigation against the City of Seattle and subcontractors concerning the construction of a driving range.

Small Business and Socio-Economic Programs

Defended our client against claims of affiliation in a size protest and size appeal concerning the award of a Navy janitorial contract set-aside for small business. The SBA ruled in our favor and confirmed our client was eligible for the contract award. Size Appeal of NVE, Inc., SBA No. SIZ-5638 (2015)

Successfully defended a construction contractor against a size protest challenging the award of U.S. Department of State small business set-aside contract based on allegations that our client was an ineligible foreign corporation and large due to affiliation. SBA denied the size protest on all grounds, affirming the contract award to our client.

Drafted and helped negotiate numerous SBA mentor-protégé joint venture agreements.

Drafted a joint venture agreement between three small businesses to compete together for a SDVOSB set-aside.

Regularly advise small business contractors on SBA compliance issues and avoiding affiliation.

Commercial Litigation

Successfully defended plumbing contractor against trademark infringement suit. We obtained complete summary judgment in favor of our client, and then successfully defended that judgment on appeal.

Publications & Presentations

Publications

  • Author, “Choosing the Best Forum for Filing Your Bid Protest; GAO vs. Court of Federal Claims,” Government Contracting, Washington PTAC, Thurston Economic Development Council, March 2017
  • Co-Author, “A Practitioner’s Road Map to GAO Bid Protests,” The Construction Lawyer, Winter 2010
  • Author, “How An Attempt To Avoid Formal Bid Protest Can Backfire,”Law360, October 6, 2015
  • Author, “Shedding Light on Suspensions and Debarments: Why the “Corporate Death Penalty” is on the Rise, and How Contractors Can Avoid Being Suspended or Debarred,”Contract Management, February 2013
  • Author, “Legislation Could Impact Bidding on State Contracts,” Daily Journal of Commerce, March 9, 2012
  • Contributing Author, “Construction Law Update: Case Law & Legislation Affecting the Construction Industry,” ABA Forum on the Construction Industry, 2010 – 2011
  • Contributing Author, Construction Law Update,” Aspen Publishing, eds. 2009, 2010, 2011 & 2012
  • Author, “Your Protest Can Be Untimely Even If You Follow GAO Rules,” Law360, October 14, 2015
  • Co-Author, “Federal Government Construction Contracts,” ABA Publishing, 2d ed., 2010 (Federal Bid Protests Chapter)

Presentations

  • Presenter, “A Contractor’s Guide to Mitigating Negative Past Performance Reviews,” NCMA West Sound, Silverdale, WA, July 27, 2017
  • Presenter, “A Contractor’s Guide to Mitigating Negative Past Performance Reviews,” NCMA World Congress, Chicago, IL, July 25, 2017
  • Presenter, “Maximizing Teaming Under the Small Business Administration’s New Joint Venture Rules,” NCMA World Congress, Chicago, IL, July 24, 2017
  • Presenter, “A Contractor’s Guide to Mitigating Negative Past Performance Reviews,” Alliance Northwest Conference, Puyallup, WA, March 9, 2017
  • Presenter, “Dissecting the Monumental Changes to SBA’s Mentor-Protégé Program,” Washington PTAC, Webinar, October 2016
  • Co-Presenter, “Avoiding Cost and Price Analysis Pitfalls in Source Selection,” NCMA World Congress, Orlando, FL, July 2016
  • Presenter, “A Federal Contractor’s Guide to Avoiding Affiliation,” Washington PTAC Annual Meeting, Lacey, WA, June 2016
  • Co-Presenter, “Make Your Debriefing Count – How to Use the Debriefing Process to Win Bid Protests and Contract Awards,” National 8(a) Association Summer Conference, Anchorage, AK, June 2016
  • Presenter, “The Bidding Process – Source Selection in Alternative Public Works,” Bidding Public Works and Construction Contracts, The Seminar Group, Seattle, WA, March and May 2016
  • Co-Presenter, “Make Your Debriefing Count – How to Use the Debriefing Process to Win Bid Protests and Contract Awards,” Alliance Northwest Conference, Puyallup, WA, March 2016
  • Presenter, “Lessons Learned from Source Selections Gone Wrong,” National Contract Management Association – West Sound, Bremerton, WA, 2013

Affiliations

  • Board Member, Legal Employers Advancing Diversity in Washington
  • V.P. Education, National Contract Management Association, West Sound Chapter
  • American Bar Association, Public Contract Law Section
  • Court of Federal Claims Bar Association
  • Associated Builders & Contractors, Western Washington Chapter
  • Associated General Contractors of Washington

Awards & Honors

  • Rising Star, Government Contracts, Super Lawyers, 2014 – 2017

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