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Oles Morrison

What is a Small Business Administration (SBA) Size Protest?

By on October 27, 2021 | Posted in Bid Protests

If you reasonably believe the awardee of a small business set-aside is really a large business, then you can file a Small Business Administration (“SBA”) size protest. The federal government reserves a portion of its procurement dollars for purchasing products or services from small businesses. These set-asides help small businesses compete for federal government contracts. Not surprisingly, however, some businesses who are initially awarded these contracts are actually large businesses posing as small business concerns. A size protest presents a quick and economical option to challenge the award to such a large business.

Choosing the Best Forum for Filing Your Bid Protest – GAO vs. Court of Federal Claims

By on October 26, 2021 | Posted in Bid Protests

Choosing the correct forum is the first step in winning a bid protest. Both the Government Accountability Office (“GAO”) and U.S. Court of Federal Claims (“COFC”) have unique advantages and disadvantages. Knowing which forum is likely to yield the best results is imperative. This post aims to advise when and why a protester should file a bid protest at the GAO.

How to Win Your Bid Protest – Free Webinar

By on April 12, 2021 | Posted in Bid Protests

Protests are an important weapon in a contractor’s arsenal, whether as a successful awardee or disappointed bidder, contractor’s must understand the bid protest process to successfully defend their rights to full and open competition as a protester or defend their contract awards from protest. We will cover these key points: […]

Agency Protests: A Contractor’s Secret Weapon

By on February 11, 2020 | 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.

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 […]

The Section 809 Panel Recommends Substantial Changes to DoD Bid Protests

By on February 5, 2019 | Posted in Bid Protests

The Section 809 Panel, which is tasked with developing and providing recommendations to improve and enhance the efficiency of the Department of Defense procurement system, issued the third volume of its report and recommendations Jan. 15, 2019.  Among the numerous recommendations for streamlining DoD acquisitions, several of which relate to […]

GAO Upholds Agency’s Rejection Of Protestor’s CAGE-Y Proposal

By on October 23, 2018 | Posted in Bid Protests

It is not uncommon for government contractors to have one or more related companies (e.g., parent/subsidiary companies) involved in the industry.  One way the government keeps track of such related entities is to utilize Commercial and Government Entity (CAGE) codes.  These codes are used for a variety of purposes, including facility clearances. […]

Adam Lasky to Present “Road Map to Federal Bid Protests” a PNDC Webinar – Sept. 17, 2018

By on September 11, 2018 | Posted in Bid Protests

Join Oles Morrison partner Adam Lasky for Road Map to Federal Bid Protests, a webinar presented by the Pacific Northwest Defense Coalition (PNDC), on Monday, September 17, 2018, from 11:00AM – 12:15PM PDT. This webinar will provide contractors a look behind the curtain at GAO and U.S. Court of Federal Claims bid protests. Attendees will leave with […]

Why Judge Kavanaugh’s Confirmation Could be Good News for Government Contractors

By on September 4, 2018 | Posted in Bid Protests

Many politically charged issues are likely to steal the headlines during the confirmation hearings for President Trump’s nominee for the U.S. Supreme Court, D.C. Circuit Court of Appeals Judge Brett Kavanaugh.  However, one issue unlikely to make headlines is the impact that Judge Kavanaugh’s confirmation may have on the doctrine […]

Senate’s Proposed FY2019 NDAA Includes No Major Bid Protests Reforms (Despite DoD’s Request for Legislation to Curtail Second-Bite Protests)

By on June 11, 2018 | Posted in Bid Protests

It seems like a yearly ritual.  The U.S. Senate Armed Services Committee (“SASC”) drafts and passes a version of the annual National Defense Authorization Act (“NDAA”) that includes reforms aimed at curtailing bid protests, while the House Armed Services Committee (“HASC”) drafts and passes a version of the NDAA that […]

Adam Lasky to Moderate ABA Panel Discussing the Future of Small Business Bid Protests – May 3rd

By on April 27, 2018 | Posted in Bid Protests

In the RAND Corporations’s 2018 report on DoD bid protests, RAND highlighted some concerning statistics regarding bid protests filed by small businesses. RAND discovered that more than 50% of protests were being filed by small businesses (more than double the percentage of prime contract dollars going to small businesses), and […]