By Oles Morrison on February 10, 2022 | Posted in Procurement Issues
On March 11, 2020, the World Health Organization declared COVID-19 a global pandemic. In the United States, positive cases rose at an alarming rate and hospitals met or exceeded capacity. The economy plummeted as various industries shut down, causing nationwide delays and shortages. For government contractors, health and safety […]
By Nicole Wolfe 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.
By Oles Morrison on August 13, 2021 | Posted in Procurement Issues
Oles Morrison Rinker Baker Attorneys Douglas Oles and Alix Town were published in the Global Legal Group. The International Comparative Legal Guides are released annually, and the Construction and Engineering Guide includes a practical cross-border insight into construction and engineering law in various countries. The USA section, authored by our Oles Morrison Rinker & Baker LLP Attorneys, covers common issues in construction and engineering laws and regulations —including making construction projects, supervising construction contracts, and dispute resolution — in 20 jurisdictions.
By Oles Morrison 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: […]
By Oles Morrison on January 10, 2019 | Posted in Procurement Issues
One of the biggest differences between federal government and commercial contracting is that certain clauses may be incorporated by reference (and hence controlling) in a federal contract even if the clause was not expressly included in the contract by the parties. In a departure from the general principle that contracts […]
By Oles Morrison on December 20, 2018 | Posted in Procurement Issues
Following Escobar, the issue of materiality remains at the forefront of False Claims Act motion practice at both the pleadings and judgment stage. Escobar emphasized that the FCA materiality requirement is demanding. In the case of Gilead Sciences, Inc. v. United States Ex Rel. Jeffrey Campie, et al. the respondents, qui […]
By Oles Morrison on November 20, 2018 | Posted in Procurement Issues
Every manufacturing contract, including construction contracts, with the government contains a myriad of terms and conditions and other requirements, including the numerous provisions set forth in the Federal Acquisition Regulation (FAR) that are often incorporated expressly or by reference into the contract. Understandably, contractors focus on the contract’s specifications, schedule, […]
By Oles Morrison on October 8, 2018 | Posted in News
So-called “sovereign acts” may soon affect the performance of a wide swath of government contracts by shielding the federal government from the fallout of President Trump’s newest tariffs. The sovereign acts doctrine is rarely discussed, but it can have a profound impact on contract profitability. While a contractor might normally […]
By Oles Morrison 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 […]
By Oles Morrison on August 30, 2018 | Posted in Procurement Issues
The federal regulations and procurement framework for design-build project delivery concerning direct government procurements, and indirect federal projects where the government provides funding but does not procure the construction, has been in place for the past twenty-two years (The Clinger-Cohen Act passed in 1996, part of Federal Acquisition Regulation at […]
By Oles Morrison 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 […]
By Oles Morrison on May 30, 2018 | Posted in Legislative and Regulatory Developments
Back when Congress passed the FY2017 NDAA, they included a provision (Section 1822) requiring SBA to create a pilot program to provide opportunities for qualified subcontractors to obtain past performance ratings. Specifically, Congress mandated that SBA create a 3-year pilot program whereby small business concerns without a past performance rating […]
By Oles Morrison on April 2, 2018 | Posted in Bid Protests
As we previously discussed, when Congress passed the FY 2018 NDAA it required the Department of Defense (“DoD”) to issue regulations providing for enhanced post-award debriefing rights on certain DoD procurements. Specifically, Congress mandated enhanced content requirements, a follow-up question process, and corresponding changes to the time to file a […]
By Oles Morrison on March 1, 2018 | Posted in Procurement Issues
“Cooperative Agreements” are legal instruments that facilitate the transfer of something of value from federal executive agencies to states, local governments, and private recipients for a public purpose or benefit. Cooperative Agreements are distinct from traditional procurement contracts and thus are not subject to the Federal Acquisition Regulation (FAR). Like […]
By Oles Morrison on January 25, 2018 | Posted in Bid Protests
The Randolph-Sheppard Act (“RSA”) grants blind persons, operating through State Licensing Agencies, mandatory priority in the award of contracts for the operation of vending facilities on federal property so long as the SLA contractor satisfies criteria established by the RSA’s implementing regulations prescribed by the U.S. Secretary of Education. In its recent […]