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and Construction Matters Since 1893.
Oles Morrison

Know What You’re Signing Up For—The Miller Act Is Now Part of Your Federal Government Construction Project

By 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 […]

That’s a Wrap—When the United States tells the Supreme Court Your Qui Tam Suit is a Goner

By 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 […]

Getting Your Priorities Straight: Managing the Effects of the Defense Priority Allocation System

By 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, […]

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 […]

Benefits and Pitfalls of Government Design-Build Project Delivery

By 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 […]

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 […]

SBA’s Upcoming Pilot Program for Small Business Subcontractor Past Performance Reviews – Potential Benefits for Small Business Subcontractors and Large Business Primes

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 […]

DoD Begins Implementation of Enhanced Post-Award Debriefing Rights

By 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 […]

An Overview of Cooperative Agreements in Federal Contracting

By 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 […]

Texas Gets Burned: Court of Federal Claims Finds State’s Randolph-Sheppard Act Protest Premature

By 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 […]

House and Senate Strike Deal on Bid Protest Reforms in FY 2018 NDAA

By on November 12, 2017 | Posted in Bid Protests

Earlier this year, the U.S. Senate and House of Representatives passed different versions of the National Defense Authorization Act for Fiscal Year 2018 (“FY 2018 NDAA”).  The Senate version contained dramatic bid protest reforms that, with the exception of the reforms to debriefing, were largely unpopular in the government contracting community.  The House […]

GAO Reports Decrease in Department of Defense Commercial Item Acquisitions

By on September 12, 2017 | Posted in Legislative and Regulatory Developments

Under the National Defense Authorization Acts (NDAAs), Congress provides legislation on various aspects of how the Department of Defense (DOD) defines and purchases commercial items. In July, Government Accountability Office (GAO) released a study on detailing (1) trends in the DOD’s acquisition of commercial items; and (2) recent NDAA changes […]

Federal Government Contracts: How to Navigate in the New Administration – Seminar/Webinar – Nov. 16, 2017

By on August 23, 2017 | Posted in Bid Protests

With every new administration, there is both great uncertainty and opportunity in federal government contracting. To help you navigate the rough seas of doing business with the federal government in this new administration, we have assembled nationally recognized practitioners who will cover topics relevant to government contractors large and small, novice […]

Possible Constitutional Issues with Proposed State/Local Sanctions Against Contractors Working on President Trump’s Border Wall

By on April 25, 2017 | Posted in Procurement Issues

President Trump has signed Executive Order 13767 that directs a wall to be built on the Mexico-United States border.  The Department of Homeland Security has sought proposals to design and build a prototype of the border wall, and many contractors have submitted offers.  At the same time, several state and local […]