By Oles Morrison on January 24, 2019 | Posted in
The partial government shutdown is now the longest running shutdown in history and there is no clear end in sight. Some 800,000 federal employees have been affected by the shutdown. They have either been furloughed, or even if they are working, they are going without pay. However, although affected federal […]
By Oles Morrison on January 17, 2019 | Posted in Small Business
One of the more significant developments in 2018 for both small business primes and large companies with small business subcontractors was the passage of the Small Business Runway Extension Act (the “Act”), which was signed into law December 17, 2018. The Act, in amending the Small Business Act, increases the […]
By Oles Morrison on January 10, 2019 | Posted in Procurement Issues
One of the biggest differences between federal government and commercial contracting is that certain clauses may be incorporated by reference (and hence controlling) in a federal contract even if the clause was not expressly included in the contract by the parties. In a departure from the general principle that contracts […]
By Oles Morrison on December 20, 2018 | Posted in Procurement Issues
Following Escobar, the issue of materiality remains at the forefront of False Claims Act motion practice at both the pleadings and judgment stage. Escobar emphasized that the FCA materiality requirement is demanding. In the case of Gilead Sciences, Inc. v. United States Ex Rel. Jeffrey Campie, et al. the respondents, qui […]
By Oles Morrison on December 12, 2018 | Posted in
As yet another government shutdown looms on the horizon, contractors must again prepare for the ramifications of a shutdown. At present, the President does not look likely to sign a budget bill unless Congress includes significant appropriations for a border wall which also does not appear likely. If no compromise […]
By Oles Morrison on December 4, 2018 | Posted in Bid Protests
If you bid, but lost out, on a solicitation issued by the Federal Aviation Administration (FAA), you may be thinking of filing a protest to challenge the award. However, FAA procurements are unique in the sense that protests of such procurements are not decided by either the U.S. Government Accountability […]
By Oles Morrison on November 20, 2018 | Posted in Procurement Issues
Every manufacturing contract, including construction contracts, with the government contains a myriad of terms and conditions and other requirements, including the numerous provisions set forth in the Federal Acquisition Regulation (FAR) that are often incorporated expressly or by reference into the contract. Understandably, contractors focus on the contract’s specifications, schedule, […]
By Oles Morrison on October 31, 2018 | Posted in Legislative and Regulatory Developments
Today, the SBA issued major proposed rule changes to the HUBZone program. This is the first comprehensive revision to the HUBZone rules since the program’s implementation nearly 20 years ago, and the changes are intended to improve the predictability and stability of the program for participants. In general, to qualify […]
By Oles Morrison on October 23, 2018 | Posted in Bid Protests
It is not uncommon for government contractors to have one or more related companies (e.g., parent/subsidiary companies) involved in the industry. One way the government keeps track of such related entities is to utilize Commercial and Government Entity (CAGE) codes. These codes are used for a variety of purposes, including facility clearances. […]
By Oles Morrison on October 18, 2018 | Posted in False Claims Act
The Ninth Circuit Court of Appeals in the recently issued case of United States ex. rel. Rose v. Stephens Institute (Rose) held that the two-step test of Universal Health Services, Inc. v. United States ex rel. Escobar (Escobar) is mandatory in implied false certification cases brought under the False Claims […]
By Oles Morrison on October 16, 2018 | Posted in Technology
Customers will frequently want you to complete performance sooner than may be required by the contract. When presented with such a dilemma, contractors face the challenge of keeping the customer happy while performing the work in a manner that will meet specifications and the contractor’s business expectations. To navigate this […]
By Oles Morrison on October 14, 2018 | Posted in News
To help you navigate the rough seas of doing business with the federal government in the Trump administration, Washington PTAC, Pacific Northwest Defense Coalition, AGC of Washington, and the Government Contracts team at Oles Morrison have assembled a group of nationally recognized government contracts professionals for a seminar covering topics relevant to government contractors across […]
By Oles Morrison on October 8, 2018 | Posted in News
So-called “sovereign acts” may soon affect the performance of a wide swath of government contracts by shielding the federal government from the fallout of President Trump’s newest tariffs. The sovereign acts doctrine is rarely discussed, but it can have a profound impact on contract profitability. While a contractor might normally […]
By Oles Morrison on September 26, 2018 | Posted in False Claims Act
Regardless of your industry, companies that have business dealings with the federal government face the persistent risk of False Claims Act (FCA) investigations and lawsuits. The FCA, 31 U.S.C. §§ 3729 – 3733, imposes civil and criminal liability for knowingly making a false or fraudulent claim to the United States […]
By Oles Morrison on September 11, 2018 | Posted in Bid Protests
Join Oles Morrison partner Adam Lasky for Road Map to Federal Bid Protests, a webinar presented by the Pacific Northwest Defense Coalition (PNDC), on Monday, September 17, 2018, from 11:00AM – 12:15PM PDT. This webinar will provide contractors a look behind the curtain at GAO and U.S. Court of Federal Claims bid protests. Attendees will leave with […]