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Technical Excellence in Government Contracts
and Construction Matters Since 1893.
Oles Morrison

Getting Paid on Government Contracts Fresh Strategies on REAs & Claims

By 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 […]

Choosing the Best Forum for Filing Your Bid Protest – GAO vs. Court of Federal Claims

By 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.

Tougher Buy American Rules: Trump’s Final Rule Passes By Biden EO in the Night

By on February 18, 2021 | Posted in Buy American Act

A new, much tougher Buy American final rule soon applies to new solicitations issued by the Government.  The final rule implements former President Trump’s “Maximizing Use of America-Made Goods, Products, and Materials” Executive Order (EO).  Previously we reported on the January 22, 2021 Biden EO, “Buy American Executive Order Doubles […]

SBIR DOD Contracts – Protecting Your Company’s Valuable Intellectual Property

By on June 5, 2020 | Posted in Small Business

The Small Business Innovation Research (SBIR) Program is designed to facilitate opportunities for small businesses to work with the Federal Government on research and development (R&D) projects.  (Similarly, the Small Business Technology Transfer Program (STTR) facilitates public/private partnerships for R&D.)  These programs are exceptional vehicles for bringing new technology to […]

President Trump Answers Small Business’ Prayers; Signs CARES Act with Payroll Protection Program

By on March 30, 2020 | Posted in Legislative and Regulatory Developments

As this is a fast moving topic, please note that this article is current as at 03/30/20.  On Friday March 27, President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The Act includes a lifeline for small businesses fighting to keep workers on the payroll during the […]

Agency Protests: A Contractor’s Secret Weapon

By on February 11, 2020 | Posted in Bid Protests

What do you do when the Agency has made a mistake in the solicitation for a contract requirement or not selected your company for award of the contract?  Most contractors think of filing a protest to Government Accountability Office (GAO) or the Court of Federal Claims (COFC) and therefore do not avail themselves of the secret weapon in bid protests—an agency protest.

Smart contractors utilize agency protests which are, cheaper, quicker, not revealed to other offerors, and have little downside on pre-award issues.  While there are risks, an agency protest provides another protest weapon to gain an edge for a contractor in the fight for contracts.

Which Courts have Jurisdiction to Consider Appeals of Maritime CDA Claims?

By on June 6, 2017 | Posted in Claims and Disputes

Maritime government contracting is a multi-billion dollar industry involving the Navy, Army, Coast Guard and other agencies. Most contractors are familiar with the Federal Acquisition Regulation (FAR) 33.211 provision at the end of each contracting officer’s (“CO’s”) decision on a Contract Disputes Act (“CDA”) claim stating: “Instead of appealing to the […]

Possible Constitutional Issues with Proposed State/Local Sanctions Against Contractors Working on President Trump’s Border Wall

By on April 25, 2017 | Posted in Procurement Issues

President Trump has signed Executive Order 13767 that directs a wall to be built on the Mexico-United States border.  The Department of Homeland Security has sought proposals to design and build a prototype of the border wall, and many contractors have submitted offers.  At the same time, several state and local […]

President Trump Puts Buy America and Buy American Acts in the Spotlight – What Contractors Need to Know

By on March 13, 2017 | Posted in Buy American Act

In these early days of Donald Trump’s administration, domestic sourcing requirements are receiving heightened focus.  President Trump’s Jan. 24, 2017, “Presidential Memorandum Regarding Construction of American Pipelines” asks the Secretary of Commerce to “develop a plan under which all new pipelines . . . inside the borders of the United […]

Implementation of the Fair Pay and Safe Workplaces Final Rule Temporarily Halted by a Federal Court

By on October 26, 2016 | Posted in Labor

Starting October 25th many new federal government contract solicitations were to contain the clauses required under the Fair Pay and Safe Workplaces Final Rule based on the Executive Order put in place by the Obama administration.  These clauses would impose significant new compliance and reporting obligations on federal contractors (and […]