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Oles Morrison

“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 […]

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 Proposes Significant Amendments to its Bid Protest Regulations

By on April 18, 2016 | Posted in Bid Protests

Last Friday, the Government Accountability Office (GAO) released a Federal Register notice setting forth proposed amendments to the GAO Bid Protest Regulations (4 C.F.R. Part 21).   Below, we review the major proposed changes to the GAO Bid Protest Regulations you should know about: Electronic Protest Docketing System On January 17, […]

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 […]

Adam Lasky and Shaun Kennedy to Present at Alliance NW Conference

By on March 4, 2016 | Posted in Procurement Issues

Oles Morrison attorneys, Adam K. Lasky and Shaun C. Kennedy, have been invited to co-present at the Alliance Northwest 2016 Conference on Thursday, March 10, 2016. Their presentation, “Make Your Debriefing Count: How to Use the Debriefing Process,” will cover best practices and strategies to help decision-makers during the pre- […]

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 […]

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 […]

SBA Proposes to Allow Prime Contractors to Count Lower-Tier Subcontracts Towards Small Business Subcontracting Goals

Yesterday, the Small Business Administration (“SBA”) issued a proposed rule to amend its regulations to implement Section 1614 of the National Defense Authorization Act for Fiscal Year 2014 (the “2014 NDAA”). The amendment proposes to expand the credit prime contractors may receive towards their small business subcontracting goals for subcontracts […]

When a false certification may not be “false” under the False Claims Act

By on March 26, 2013 | Posted in False Claims Act

Government contractors routinely provide certifications during the contracting process. For example, these certifications ask the contractor to verify that the cost or pricing data or claims submitted are true and honest. Submitting a false claim can create liability under the Federal False Claims Act (“FCA”). See 31 U.S.C. § 3729. […]