By Oles Morrison on July 13, 2023 | Posted in
The Court of Appeals breathes new life into the Spearin doctrine, but contractors beware, as future owners may seek to shift design risks to unsuspecting contractors in their construction agreements.
By Joseph Haughney on July 5, 2023 | Posted in Bid Protests
What are the advantages and disadvantages of offering expert opinions in your bid protest? In order to win your bid protest, this article explores the rules behind expert opinions on complex or technical subjects in bid protests before either the Court of Federal Claims (COFC) or the Government Accountability Office […]
By Trevor Lane on May 8, 2023 | Posted in
On November 15, 2021, the Biden-Harris Administration enacted the Build America, Buy America Act (“BABA”), which represents the latest and most expansive statue implementing what is commonly referred to as “Buy America,” a phrase used to describe the growing number of statutes obligating certain Federal agencies to require goods, products, […]
By Joseph Haughney on April 19, 2023 | Posted in
In federal procurement, bidders or offerors who are not awarded a contract have the right to protest contract award with the Government Accountability Office (“GAO”), Court of Federal Claims (”COFC”), or procuring agency itself. In specific circumstances, bidders or offerors may also file a protest prior to award.
By Sydney Sullivan on April 6, 2023 | Posted in
GAO Reaffirms the Stringent Standards of Challenging an Agency’s Technical Evaluation and Best-Value Tradeoff in the Design-Build Construction of Coast Guard Homeport in Oregon The U.S. Government Accountability Office (“GAO”), decision https://www.gao.gov/assets/730/723577.pdf, on Caddell-Nova, A Joint Venture’s (“Caddell”), protest of the Department of Homeland Security (DHS), United States Coast Guard’s […]
By Nicole Wolfe on March 22, 2023 | Posted in Bid Protests
When a small business concern is competing for a government contract that is set aside for small businesses, the SBA determines a company’s size status on the date of self-certification in its proposal. However, long before this certification, companies need to take a close look at their family relationships in order to ensure that they will not be considered affiliated with companies owned by their spouse, parents, children or siblings, consequently risking their status as “small” for the purposes of the solicitation. The SBA rules on affiliation among spouses and close family members are quite specific and require good up-front planning of even the smallest items.
By Joseph Haughney on November 8, 2022 | Posted in Claims and Disputes
Who is a government contractor for purposes of submitting a claim against the Government under the Contract Disputes Act (CDA)? A decision from the Civilian Board of Contract Appeals (CBCA) in an appeal handled by Oles Morrison highlights the “operation of law” exception to the Anti-Assignment Act under a merger. […]
By Oles Morrison on September 30, 2022 | Posted in News
WHEN: October 12-13 8:30AM – 11:45AM (PT, each day) WHERE: Online COST: $25 The Federal Contracting Seminar is brought to you by a partnership with Oles Morrison Rinker Baker LLP, Pacific NW Defense Coalition, AGC, and Washington PTAC with the goal of providing high quality training to businesses throughout the region. REGISTER NOW AGENDA: October 12, 2021 […]
By Howard W. Roth on August 26, 2022 | Posted in
Oles Morrison’s Howard Roth and Jedidiah Blake set new protest jurisdiction precedent at the U.S. Court of Federal Claims in Hydraulics International, Inc. v. United States!
The court held it had jurisdiction over a bid protest challenging an Other Transaction Authority (OTA) award made in connection with a potential future procurement. For the first time, the court exercised its jurisdiction over a prototype OTA. The Government spends billions of dollars on prototype OTAs, which are transactions that can result in the exclusion of a bidder from consideration for a follow-on production contract. The decision is noteworthy because the court found the OTA language at issue — i.e., “may result in a production contract” — is sufficient for the court to have jurisdiction. Such language is standard in OTA prototype awards, therefore the court’s decision opens the door for contractors to challenge prototype OTA awards to competitors at the court
By Oles Morrison on July 28, 2022 | Posted in
Since the onset of the COVID-19 pandemic, the construction industry has been in flux. Mandatory health and safety protocols, supply chain delays slowing down delivery of materials, and other problems combined to impact and delay projects nationwide. While the United States recovers from the pandemic, rising inflation has led to […]
By Howard W. Roth on June 9, 2022 | Posted in
A guide for Government contractors on how to deal with the high inflation currently impacting the U.S economy.
By Oles Morrison on February 10, 2022 | Posted in Procurement Issues
On March 11, 2020, the World Health Organization declared COVID-19 a global pandemic. In the United States, positive cases rose at an alarming rate and hospitals met or exceeded capacity. The economy plummeted as various industries shut down, causing nationwide delays and shortages. For government contractors, health and safety […]
By Howard W. Roth on February 8, 2022 | Posted in
Requests for Equitable Adjustments (REAs) and Contract Disputes Act (CDA) Claims share many key similarities, but important differences. This webinar presented by Oles Morrison attorney Howard Roth, will focus on recent developments and explore best strategies for contractors to get paid additional costs and recover time for delays incurred during […]
By Nicole Wolfe on October 27, 2021 | Posted in Bid Protests
If you reasonably believe the awardee of a small business set-aside is really a large business, then you can file a Small Business Administration (“SBA”) size protest. The federal government reserves a portion of its procurement dollars for purchasing products or services from small businesses. These set-asides help small businesses compete for federal government contracts. Not surprisingly, however, some businesses who are initially awarded these contracts are actually large businesses posing as small business concerns. A size protest presents a quick and economical option to challenge the award to such a large business.
By Howard W. Roth on October 26, 2021 | Posted in Bid Protests
Choosing the correct forum is the first step in winning a bid protest. Both the Government Accountability Office (“GAO”) and U.S. Court of Federal Claims (“COFC”) have unique advantages and disadvantages. Knowing which forum is likely to yield the best results is imperative. This post aims to advise when and why a protester should file a bid protest at the GAO.