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Oles Morrison

Dissecting the Changes to SBA’s Mentor-Protégé Program: Do the New Past Performance/Experience Rules for Joint Ventures Actually Benefit Mentor-Protégés?

By on July 29, 2016 | Posted in Legislative and Regulatory Developments

Yesterday, we provided an overview of eleven of the biggest changes coming as a result of SBA’s release of its final rule expanding the mentor-protégé program to all small business.  One of the changes we noted was that, in small business set-asides procurements, agencies will be required to consider projects performed by […]

Eleven Major Changes Coming to SBA’s Mentor-Protégé Program

By on July 28, 2016 | Posted in Legislative and Regulatory Developments

This week, the U.S. Small Business Administration (SBA) published its long awaited final rule providing for a major expansion of its mentor-protégé program.  These regulations, which represent monumental changes to the federal contracting landscape (for small and large businesses), will go into effect August 24, 2016.  In the coming days and weeks we […]

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 […]

Government’s Duty of Good Faith and Fair Dealing Does Not Absolve Contractor of Costs of Complying with Kuwaiti Labor Laws

By on March 24, 2016 | Posted in Claims and Disputes

In the recent ASBCA case Appeal of SupplyCore, Inc., ASBCA No. 58676, the government successfully defended against a claim for post-termination labor costs, where the contractor argued that the government had violated the duty of good faith and fair dealing with regard to the timing of the Army’s decision to […]

SBA Commissioned Study Prompts Expansion of Set-Aside Opportunities for Women-Owned Small Businesses

By on March 18, 2016 | Posted in Small Business

Timely given that last week was National Women in Construction Week, the United States Small Business Administration (SBA) recently published a notice in the Federal Register expanding the use of 113 new North American Industry Classification System (NAICS) Industry groups for women-owned business (WOSB) set-asides.  Such a determination was made following a study […]

Failing to Promptly Respond to a Size Protest: The Easiest Way to Lose a Contract Award

By on March 9, 2016 | Posted in Procurement Issues

Recently, the United States Small Business Administration Office of Hearing and Appeals (“SBA-OHA”) provided a reminder of the risk that a contract awardee takes by not promptly responding to a size protest.  The awardee in Size Appeal of OxyHeal Medical Systems, Inc, SBA No. SIZ-5707 (2016) learned the hard way when, after it failed […]

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- […]

Protecting IP Rights in Technical Data and Computer Software – An Overview for Defense Contractors

From a contractor’s perspective, intellectual property (IP) is a valuable corporate asset that can be used to generate revenue, create a competitive advantage, create barriers to entry by competitors, and act as a deterrent to litigation.  The Government also needs to consider IP issues during the acquisition planning process to […]