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

Responsibility Criteria v. Contract Performance Requirements – When Can You Protest?

By on June 8, 2017 | Posted in Bid Protests

Imagine a scenario in which a solicitation, calling in part for certain vehicle storage by bidders, requires that “[t]he contractor shall provide evidence that it has complied with all laws and ordinances associated with vehicle storage.  Applicable permits shall be kept current throughout the terms of the contract.”  Imagine then that a […]

Fundamentals to Winning Bid Protests at GAO — Part 1: Make Your Debriefing Count

By on June 1, 2017 | Posted in Bid Protests

In FY 2016, there were 2,789 bid protests filed at the Government Accountability Office (“GAO”) challenging federal procurement decisions.  In approximately 46% of these protests, the protester obtained some or all of the relief it was seeking, either through the protest being sustained by GAO, or through the federal agency […]

Join Howard Roth June 1st for “Teaming & Joint Venturing for Government Contracting Success”

By on May 31, 2017 | Posted in News

Join Howard Roth June 1st for “Teaming & Joint Venturing for Government Contracting Success” sponsored by Washington PTAC and Tri-City Regional Chamber of Commerce.  This seminar will be held at the Tri-Cities Business & Visitor Center Bechtel Board Room 7130 W. Grandridge Blvd., Kennewick WA 99338 from 10am to 12pm.  For more information […]

Tribal Employees Potentially Liable Under False Claims Act, Washington Federal Court Finds

By on April 13, 2017 | Posted in False Claims Act

A federal judge in the Western District of Washington has ruled that tribal employees may still be liable in their individual capacities under the False Claims Act, even if Native American tribes themselves are protected from such suits by sovereign immunity. This interpretation could have important implications for Alaska Native-owned […]

Army’s Broad Waiver in Bilateral Modification Waives its own Right to Recover Overpayments

By on April 7, 2017 | Posted in Claims and Disputes

Contractors often sign modifications and change orders without being fully aware of the rights they may be waiving under the modifications’ terms. While the federal government’s standard modification form (Standard Form 30) does not contain waiver language, government agencies generally add such language to ensure that the modification forecloses future […]

Breakdown in Communication Leads to Rule 11 Dispute in Bid Protest of Telecommunications Contract

By on March 25, 2017 | Posted in Bid Protests

Communication is key to any protest or lawsuit.  While it is common for parties in a legal dispute to hold their cards close to the vest, significant problems arise when strategic discretion becomes closer to manipulation of facts.  In Level 3 Communications, LLC v. United States, the United States Court of Federal […]

Adam Lasky to Present at Alliance NW Conference

By on February 27, 2017 | Posted in News

Oles Morrison attorney, Adam K. Lasky,  has been invited to present at the Alliance Northwest 2017 Conference on Thursday, March 19 at the Washington State Fairgrounds Showplex. His presentation, “A Contractor’s Guide to Mitigating Negative Past Performance Reviews” will provide contractors with a roadmap for dealing with negative past performance reviews, […]

Application of the Presumption of Affiliation Based on Identity of Interest Requires Clear Notice to Protested Firm

By on January 17, 2017 | Posted in Small Business

In the Size Appeal of Gregory Landscape Services, Inc., the U.S. Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) heard an appeal following a Size Determination in which the SBA Area Office held that Gregory Landscape Services, Inc. (“Appellant”) was not a small business under the applicable size standard associated with the subject procurement. […]

ASBCA Opens the Door to Contractors Seeking Monetary Damages for Unfair CPARS Reviews

By on January 4, 2017 | Posted in Claims and Disputes

As past performance reviews become an increasingly important part of the bid evaluation process, the performance assessments catalogued in the Contractor Performance Assessment Reporting System (“CPARS”) will have greater significance than ever before. CPARS reviews generally set forth the Government’s evaluation of a contractor’s performance based on several factors, including […]

Export-Import Bank Proposes to Adopt Small Business Jobs Act Standard for Size Determination

By on December 29, 2016 | Posted in Legislative and Regulatory Developments

Recently, the U.S. Export-Import Bank (EXIM) issued a proposal that would align its size standards for determining whether a business qualifies as a “small business” with the Small Business Administration’s (SBA) current SBA Loan Program standards. Such a change would decrease inconsistencies among the entities, and potentially increase EXIM lending […]

Government Auction Bidders Beware: CBCA Denies Relief to Bidder Whose Bid Price was Driven Up by an Ineligible Bidder

By on December 23, 2016 | Posted in Claims and Disputes

Sea Sheppard Conservation Society (“Sea Sheppard”) recently found itself in the unfortunate situation of being in an auction bidding war against a single ineligible bidder in a General Services Administration (“GSA”) auction, resulting in Sea Sheppard having to pay a substantially higher sum for two vessels than if only eligible buyers had been allowed […]

Federal Court Enters Nationwide Injunction Halting DOL Overtime Rule

By on December 14, 2016 | Posted in Legislative and Regulatory Developments

On Nov. 22, 2016—just 10 days before the rule was scheduled to go into effect—U.S. District Judge Amos L. Mazzant entered a nationwide preliminary injunction preventing implementation of the Department of Labor’s (DOL) final rule increasing the minimum salary level required to qualify as exempt under the Fair Labor Standards […]

Join Howard Roth at Washington PTAC’s “Small Business Contracting & Legal Issues”

By on November 14, 2016 | Posted in News

On Wednesday, November 16, Howard Roth will present an interactive workshop at the Tri-Cities Regional Chamber of Commerce that will provide essential information small businesses need to know to protect their business.  Learn about recent updates including the SBA’s new Mentor/Protégé Program, Affiliation rules and Teaming/Joint Venturing.  To register for […]