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and Construction Matters Since 1893.
Oles Morrison

Department of Justice Reports on Another Busy Year of False Claims Act Activity

By on December 8, 2015 | Posted in False Claims Act

In Fiscal Year (“FY”) 2015, the Department of Justice (“DOJ”) raked in $3.6 billion in settlements and judgments from civil actions filed under the False Claims Act (“FCA”).  This marks the fourth consecutive year that the United States’ recovery under the FCA exceeded $3.5 billion.   This trend suggests that aggressive […]

Court of Federal Claims Applies Laches Doctrine to Deny Post-Award Bid Protest

By on December 7, 2015 | Posted in Bid Protests

A recent Court of Federal Claims (“COFC” or “Court”) decision denied a post-award bid protest applying the rarely successful equitable defense of laches.  In addition to finding the protest failed on the merits, COFC found that the disappointed bidder unreasonably delayed in bringing the protest by waiting more than eight months after […]

SBA’s Expanded Mentor-Protégé Program to be Launched as a “Pilot Program” in Summer 2016?

By on December 2, 2015 | Posted in Legislative and Regulatory Developments

As many readers may know, in February 2015, the U.S. Small Business Administration (“SBA”) released its proposed rule to establish a mentor-protégé program for all small businesses.  Currently available only to participants of the SBA’s 8(a) Program, the SBA’s proposed rule would create a new mentor-protégé program open to all […]

GAO: No OCI When Proprietary Information Obtained is of “No Relevance or Competitive Usefulness”

By on October 15, 2015 | Posted in Bid Protests

A recent Government Accountability Office (GAO) bid protest decision provides yet another example of the importance for contractors to identify potential organizational conflicts of interest (OCI) when submitting a proposal in response to a federal government solicitation. In DV United, LLC, B-411620, B-411620.2, Sept. 16, 2015, GAO denied a bid protest […]

How the AbilityOne Program Provides Federal Contracting Jobs to Individuals with Disabilities

By on January 7, 2015 | Posted in Procurement Issues

The National Industrial Recovery Act, part of the New Deal policies in 1934, allowed businesses employing individuals with disabilities to pay less than minimum wage to their disabled workers. This “sub-minimum” wage policy was buttressed by the 1938 Fair Labor Standards Act which allows employers to apply for Section 14(c) […]

OFCCP Extends Equal Protection Rights Prohibiting Discrimination Based on Sexual Orientation and Gender Identity

By on December 17, 2014 | Posted in Labor

On December 9, 2014, the U.S Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published a final rule implementing Executive Order (EO) 13672 effectively amending EO 11246, which previously only prohibited discrimination by federal contractors and subcontractors on the bases of race, color, religion, sex, and national origin.  […]

Proposed Bill Would Give “Preferential Points” to Federal Contractors for Good Labor Practices – Could Lead to Tug O’ War with Incoming “Pro-Contractor” Congress

By on November 19, 2014 | Posted in Labor

As Congress reconvenes it will consider a new bill that would direct federal agencies to give preferential points in the bidding process to federal government contractors based on their labor practices. The bill, proposed by Rep. Eleanor Holmes Norton (D-D.C.), would give points to companies that pay their employees a […]

Nearly 1,650 Additional Firms to Become Eligible for Small Business Set-Asides under SBA’s Proposed Size Standard Revisions

By on October 23, 2014 | Posted in Legislative and Regulatory Developments

Over the past two months the U.S. Small Business Administration (“SBA”) has published two proposed rules to revise small business size standards in the North American Industry Classification System (“NAICS”).  If the proposed rules are adopted, nearly 1,650 additional firms will become eligible for small business contracting programs and SBA small business loans. […]

ASBCA Dismisses Subcontractor’s Appeal that wasn’t Sponsored by Prime Contractor

By on October 2, 2014 | Posted in Claims and Disputes

When subcontractor claims arise on a federal contract, it is not uncommon for the prime to then assert those claims as pass-through claims against the government.  In such circumstances, it is important for subcontractors to remember that while they have rights to proceed against the prime contractor for those claims, […]

Common Bid Protest Mistakes: Extension of the Due Date for Comments Does Not Toll Timeliness Requirements for Asserting Supplemental Protest Grounds

By on September 24, 2014 | Posted in Bid Protests

This is the first in a series of posts highlighting common mistakes made (by protestors) in bid protests at GAO.  Today’s post discusses a mistake related to the deadline for filing supplemental protests when an extension is granted for filing comments on the agency report.  This mistake is made by […]

SBA Increases Women-Owned Small Business Opportunities

An interim rule, with immediate effect, will amend regulations to the U.S. Small Business Administration’s (“SBA”) Federal Contract Program, allowing for increased access to federal contracting opportunities for women-owned small businesses. This change comes as a result of the National Defense Authorization Act (“NDAA”) signed in January 2013. (For more […]