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and Construction Matters Since 1893.
Oles Morrison

DoD’s Proposed Rule Change to Weighted Guidelines May Lead to Lower Fee Scores on Undefinitized Contracts

By on November 2, 2016 | Posted in Legislative and Regulatory Developments

On October 21st the Department of Defense (DoD) proposed an amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) intended to address “a more transparent means of documenting the impact of costs incurred during the undefinitized period of an undefinitized contract action on allowable profit.” (DFARS Case 2015–D024.)  In other […]

SBA’s 8(a) Program Survives Constitutionality Challenge … For Now

By on October 6, 2016 | Posted in Procurement Issues

Last month, the U.S. Court of Appeals for the D.C. Circuit handed down an opinion in Rothe Development, Inc. v. U.S. Department of Defense affirming a lower court’s 2015 decision denying a challenge to the constitutionality of Small Business Administration’s (“SBA”) 8(a) business development program (“8(a) Program”). However, reading the majority and […]

“Sunset” Date Draws Closer on GAO’s Jurisdiction to Review Bid Protests of Civilian Agency Task Order Procurements

By on September 20, 2016 | Posted in Bid Protests

While we hate to be the bearer of bad news, disappointed bidders may soon face a significant obstacle to protest an agency’s award decision of a task or delivery order.  Barring prompt Congressional action (a phrase that is rarely a good thing), the Government Accountability Office’s (“GAO”) jurisdiction over most […]

Join James Nagle at the 23rd Annual Washington Construction Law Conference on September 15th

By on August 24, 2016 | Posted in Bid Protests

James F. Nagle will give a special presentation at The Seminar Group’s upcoming 23rd Annual Washington Construction Law conference on September 15 at the Hilton Seattle. In Jim’s federal construction law presentation, he will provide an update on the False Claims Act, new programs  from the Small Business Administration and other new developments affecting […]

Adam Lasky to present “Avoiding Cost and Price Analysis Pitfalls in Source Selection” in NCMA Webinar

By on | Posted in Bid Protests

On September 15, join Adam Lasky, partner in Oles Morrison’s Government Contracts Practice Group, along with Laurie Davis, senior contracting officer of Naval Sea Systems Command, as they discuss lessons learned from bid protests concerning cost or price realism analysis. In this webinar, Adam and Laurie will show procurement officers and contractors how they […]

Supreme Court: Implied Certification Theory Can Create Falsity under the False Claims Act…But Only Sometimes

By on June 21, 2016 | Posted in False Claims Act

Last week, the Supreme Court issued its much anticipated opinion in Universal Health Services, Inc. v. U.S. ex rel. Escobar.  As we discussed in a prior blog, the Universal Healthcare case presented two important questions regarding the scope and breadth of the False Claims Act (31 U.S.C. §§ 3729 et […]

Dept. of Energy Proposes DEAR Amendment to Clarify the Nondisplacement of Qualified Workers Under Service Contracts Regulation

Recently, the Department of Energy (DOE) released a Federal Register notice proposing an amendment to the DOE Acquisition Regulation (DEAR) to clarify Federal Acquisition Regulation (FAR) Subpart 22.12, Nondisplacement of Qualified Workers Under Service Contracts.  The proposed amendment explains that FAR Subpart 22.12 shall apply to DOE’s management and operating (M&O) […]

Supreme Court Weighs the Viability of the “Implied Certification” Theory Under the False Claims Act

By on April 22, 2016 | Posted in False Claims Act

A powerful tool to combat fraud, waste, and abuse, the False Claims Act (31 U.S.C. §§ 3729 et seq.) (the “FCA”) imposes civil liability upon any individual or corporation who knowingly submits, or causes the submission of, a false or fraudulent claim to the United States.  As we discussed in a […]

GAO: Awardee of an IDIQ Contract is Not an “Interested Party” to Protest the Award of an IDIQ Contract to a Competitor

By on March 31, 2016 | Posted in Bid Protests

Fiscal Year 2016 marked the seventh straight year that the budget set aside for federal government contracts has decreased.  With fewer bidding opportunities, contractors of all sizes are utilizing aggressive tactics to maximize their chances of winning a federal government contract.  Such was the case in a recent Government Accountability […]

Government’s Duty of Good Faith and Fair Dealing Does Not Absolve Contractor of Costs of Complying with Kuwaiti Labor Laws

By on March 24, 2016 | Posted in Claims and Disputes

In the recent ASBCA case Appeal of SupplyCore, Inc., ASBCA No. 58676, the government successfully defended against a claim for post-termination labor costs, where the contractor argued that the government had violated the duty of good faith and fair dealing with regard to the timing of the Army’s decision to […]

SBA Commissioned Study Prompts Expansion of Set-Aside Opportunities for Women-Owned Small Businesses

By on March 18, 2016 | Posted in Small Business

Timely given that last week was National Women in Construction Week, the United States Small Business Administration (SBA) recently published a notice in the Federal Register expanding the use of 113 new North American Industry Classification System (NAICS) Industry groups for women-owned business (WOSB) set-asides.  Such a determination was made following a study […]

Bid Protest Sustains at GAO Hit a 20-Year High in the First Quarter of Fiscal Year 2016

By on January 26, 2016 | Posted in Bid Protests

Recently, the U.S. Government Accountability Office (“GAO”) released its annual bid protest report for Fiscal Year (FY) 2015, which reflected a slight decrease in the protest “sustain” rate, and a slight increase in the protest “effectiveness” rate, from FY 2014 to FY 2015.  While the statistics in GAO’s annual report are certainly interesting, what […]