The Procurement Playbook

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 […]

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 […]

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 […]

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) […]

The nonmanufacturer rule is one of the more complicated small business rules.  Under 13 CFR § 121.406(b), a small business may qualify as a nonmanufacturer if it 1) does not exceed 500 employees; 2) is primarily engaged in the retail or wholesale trade and normally sells the type of item […]

The National Defense Authorization Act (“NDAA”) is an annual bill that sets forth the policy and budget priorities for the Department of Defense for an upcoming fiscal year.  Striving to achieve bipartisan support, Congress’s task to reach an agreement on the NDAA is a daunting one.  Only after months of […]

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 […]

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, […]

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 […]

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 […]

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 […]

On Tuesday, the Court of Federal Claims sent another reminder of the importance of always marking proprietary information throughout the duration of contract performance and not just during the proposal phase. In Dyncorp International, LLC v. United States, DynCorp protested the Air Force’s release of its proprietary indirect cost and […]

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 […]

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- […]

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 […]