By Oles Morrison on October 2, 2017 | Posted in False Claims Act
Escobar was initially feared as authorizing another avenue for plaintiffs bringing False Claims Act (FCA) claims. Some federal district courts, however, have used the two-step test of Escobar as a stringent requirement for an implied certification theory for proceeding against a contractor. Other courts, however, have charted a different pathfinding that […]
By Oles Morrison on September 21, 2017 | Posted in Claims and Disputes
A recent case makes clear the importance of focusing on the fundamentals, such as knowing the rules on who the government is required to pay on a government contract. In The Hanover Insurance v. United States, the U.S. Court of Federal Claims recently found that a surety’s letter to the […]
By Oles Morrison on September 12, 2017 | Posted in Legislative and Regulatory Developments
Under the National Defense Authorization Acts (NDAAs), Congress provides legislation on various aspects of how the Department of Defense (DOD) defines and purchases commercial items. In July, Government Accountability Office (GAO) released a study on detailing (1) trends in the DOD’s acquisition of commercial items; and (2) recent NDAA changes […]
By Oles Morrison on August 31, 2017 | Posted in Buy American Act
Oles Morrison attorney Howard W. Roth commented to the L.A. Times on proposed “Buy American” provisions in NAFTA. Howard explained that while proponents for “Buy American” cite a Government Accountability Office review stating that the U.S. has available twice as much government procurement to foreign companies, a lot of other countries just […]
By Oles Morrison on August 23, 2017 | Posted in Bid Protests
With every new administration, there is both great uncertainty and opportunity in federal government contracting. To help you navigate the rough seas of doing business with the federal government in this new administration, we have assembled nationally recognized practitioners who will cover topics relevant to government contractors large and small, novice […]
By Oles Morrison on August 18, 2017 | Posted in Labor
On July 25, 2017, the U.S. Department of Labor (DOL), Wage and Hour Division, issued a memorandum increasing the health and welfare fringe benefits rate for contracts covered by the McNamara-O’Hara Service Contract Act (SCA). The SCA requires contractors and subcontractors performing work on federally funded prime contracts in excess […]
By Oles Morrison on August 1, 2017 | Posted in Labor
In April, we wrote about how President Trump’s estimated $1 trillion infrastructure plan may come with possible repeal or suspension of the Davis Bacon Act (DBA). A few months later, and the Trump Administration seems to be singing a different tune. More recently, comments from Transportation Secretary Elaine Chao suggest that […]
By Oles Morrison on June 22, 2017 | Posted in Claims and Disputes
Following Executive Order 13788 issued April 18, 2017, “Buy American and Hire American,” contractors and subcontractors should prepare for increased enforcement of the Buy American Act (BAA), Buy America legislation, the “Little Buy American Acts,” and related civil or criminal prosecution under the False Claims Acts (FCA). In recent years, […]
By Oles Morrison on June 20, 2017 | Posted in Claims and Disputes
It is common for corporations to compensate executives (and other employees) based upon stock price performance. Tax implications lend support for this practice with respect to high-paid employees, as executive compensation is only deductible up to a limit of $1 million per year, so companies are inclined to compensate executives […]
By Oles Morrison on June 15, 2017 | Posted in Bid Protests
This post is the second in a multi-part series discussing the fundamental steps that protesters (and their outside counsel) can take to enhance their chances of success at GAO. Previously, in Part 1 of this series, we discussed the importance of making the most of your debriefing. Today, in Part 2 of […]
By Oles Morrison on June 14, 2017 | Posted in Bid Protests
In a decision publicly released June 5, 2017, the U.S. Government Accountability Office (GAO) ruled in favor of Oles Morrison Rinker & Baker LLP’s (“Oles Morrison”) client, TOTE Services, Inc. (TOTE), in a bid protest challenging the U.S. Navy – Military Sealift Command’s (MSC) award of $32 million O/M contract […]
By Oles Morrison 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 […]
By Oles Morrison 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 […]
By Oles Morrison 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 […]
By Oles Morrison on April 19, 2017 | Posted in Labor
Nearly 100 days into the new presidency, all eyes are on which of his campaign promises President Trump will implement next. One such promise put into motion is the President’s estimated $1 trillion infrastructure plan. Touted during his campaign as a means to stimulate job growth, the President’s plan may […]