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and Construction Matters Since 1893.
Oles Morrison

Agency Protests: A Contractor’s Secret Weapon

By on | Posted in Bid Protests

What do you do when the Agency has made a mistake in the solicitation for a contract requirement or not selected your company for award of the contract?  Most contractors think of filing a protest to Government Accountability Office (GAO) or the Court of Federal Claims (COFC) and therefore do not avail themselves of the secret weapon in bid protests—an agency protest.

Smart contractors utilize agency protests which are, cheaper, quicker, not revealed to other offerors, and have little downside on pre-award issues.  While there are risks, an agency protest provides another protest weapon to gain an edge for a contractor in the fight for contracts.

The FAR Council Adopts a New Rule on Reporting Counterfeit Parts and Major or Critical Nonconforming Common Items in the Supply Chain

By on January 6, 2020 | Posted in Legislative and Regulatory Developments

After more than five years in the making, DoD, GSA, and NASA recently issued a final rule amending the Federal Acquisition Regulation (FAR) to require contractors and subcontractors to report to the Government-Industry Data Exchange Program (GIDEP) certain counterfeit or suspect counterfeit parts and “common items” with major or critical […]

President Trump Revokes Rule on Nondisplacement of Qualified Workers Under Service Contracts

By on November 26, 2019 | Posted in Bid Protests

On Halloween Day of 2019, President Trump signed Executive Order 13897, titled “Improving Federal Contractor Operations by Revoking Executive Order 13495.” (84 Fed. Reg. 59709 (Oct. 31, 2019)). This Order revoked, effective immediately, Executive Order 13495 on “Nondisplacement of Qualified Workers Under Service Contracts,” which was issued by President Obama. […]

GAO Says Contractors Must “Diligently Pursue” Agency Debriefing or Potentially Lose Right to Protest

By on November 8, 2019 | Posted in Bid Protests

The Government Accountability Office (GAO) recently issued a decision holding that a bidder’s failure to “diligently pursue” its request for a debriefing rendered its protest untimely. GAO’s bid protest regulations are strict about the time in which a contractor can file a protest. If the protest is alleging improprieties in […]

DoD Puts Further Limits on Use of LPTA

By on October 28, 2019 | Posted in

On October 1, 2019, the Department of Defense (DoD) issued a final rule (DFARS 215.101-2-70) that implemented limitations on its ability to use the Lowest Price Technically Acceptable (LPTA) method of procurement. In a LPTA procurement, a contact is awarded to the offeror with the lowest price who submitted a […]

Default Termination Ruled Invalid Based on Contracting Officer Representative’s “Hostility” and “History of Dishonesty”

By on September 25, 2019 | Posted in Claims and Disputes

Despite acknowledging that an “objective inquiry” and not “subject beliefs” is appropriate to determine the validity of a default termination, the Court of Federal Claims ruled that the government’s default termination was invalid based in part on the Contracting Officer Representative’s (COR) “hostility” towards the contractor and “history of dishonesty” […]

Oles Morrison presents “Navigating Federal Government Contracts Northwest 2019” on October 30

By on September 9, 2019 | 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 […]

New Buy American Act Executive Order Ups the Ante on Domestic Preferences – What Construction Contractors Should Know

By on July 24, 2019 | Posted in Buy American Act

As anticipated, the Trump Administration has continued to build on its emphasis for domestic preference requirements on projects that are subject to the Buy American Act – both for projects that are directly funded by the federal government, or pursuant to the Administration’s January 31, 2019 Executive Order, “Strengthening Buy American Preferences for Infrastructure Projects,” potentially also to projects that are indirectly funded by the government.   The Administration’s latest efforts in this area have come in the form of a July 15, 2019 Executive Order, “Maximizing Use of American-Made, Goods, Products, and Materials.”  While this most recent Executive Order on this subject contains a number of proposed changes, which will need to be implemented through regulations, it proposes two changes that may have significant ramifications for the construction industry.  This alert summarizes the key considerations for construction contractors.