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Oles Morrison

GAO’s Refusal to Apply the Christian Doctrine to Solicitations May Reflect a Split with the U.S. Court of Federal Claims

By on February 5, 2016 | Posted in Bid Protests

In 1963, the U.S. Court of Claims established a rule known as the “Christian Doctrine,” which provides that certain mandatory contract clauses are incorporated, by law, into an otherwise validly awarded contract, even if the contracting agency accidentally omits that clause from the solicitation.  Over the past 60 years, the “Christian Doctrine,” has […]

Bid Protest Sustains at GAO Hit a 20-Year High in the First Quarter of Fiscal Year 2016

By on January 26, 2016 | Posted in Bid Protests

Recently, the U.S. Government Accountability Office (“GAO”) released its annual bid protest report for Fiscal Year (FY) 2015, which reflected a slight decrease in the protest “sustain” rate, and a slight increase in the protest “effectiveness” rate, from FY 2014 to FY 2015.  While the statistics in GAO’s annual report are certainly interesting, what […]

SBA Overturns Past Precedent – Minority Shareholder Deemed Affiliated Despite Quorum Requirement

By on January 25, 2016 | Posted in Small Business

In a size appeal decision released this past week, the United States Small Business Administration Office of Hearing and Appeals (“SBA-OHA”) took the rare step of overturning its past precedent in the process of affirming a finding of affiliation.  In Size Appeal of Tenax Aerospace, LLC, SBA No. SIZ-5701 (2015), the SBA […]

Department of Justice Reports on Another Busy Year of False Claims Act Activity

By on December 8, 2015 | Posted in False Claims Act

In Fiscal Year (“FY”) 2015, the Department of Justice (“DOJ”) raked in $3.6 billion in settlements and judgments from civil actions filed under the False Claims Act (“FCA”).  This marks the fourth consecutive year that the United States’ recovery under the FCA exceeded $3.5 billion.   This trend suggests that aggressive […]

Court of Federal Claims Applies Laches Doctrine to Deny Post-Award Bid Protest

By on December 7, 2015 | Posted in Bid Protests

A recent Court of Federal Claims (“COFC” or “Court”) decision denied a post-award bid protest applying the rarely successful equitable defense of laches.  In addition to finding the protest failed on the merits, COFC found that the disappointed bidder unreasonably delayed in bringing the protest by waiting more than eight months after […]

SBA’s Expanded Mentor-Protégé Program to be Launched as a “Pilot Program” in Summer 2016?

By on December 2, 2015 | Posted in Legislative and Regulatory Developments

As many readers may know, in February 2015, the U.S. Small Business Administration (“SBA”) released its proposed rule to establish a mentor-protégé program for all small businesses.  Currently available only to participants of the SBA’s 8(a) Program, the SBA’s proposed rule would create a new mentor-protégé program open to all […]

Thou Shalt Not Wait Until the Last Minute to Submit an 8(a) Joint Venture Agreement to SBA for Approval

By on November 4, 2015 | Posted in Bid Protests

A recent decision by GAO in FedServ-RBS JV, LLC, B-411790, provides yet another reminder to 8(a) joint ventures to submit proposed joint venture agreements to the U.S. Small Business Administration (“SBA”) for approval as early as possible.  This case shows that waiting until the last minute to submit your joint venture agreement to SBA […]

ASBCA Fiscal Year 2015 Annual Report: Sustain Rate of Appeals Remains over 50% and ASBCA Resolves More Appeals

By on October 29, 2015 | Posted in Claims and Disputes

On October 20, 2015, the Armed Services Board of Contract Appeals (ASBCA) released its Annual Report of Transactions and Proceedings for the fiscal year ending 30 September 2015.  The report indicates that the number of appeals pending have more than doubled since 2011, but that the increase has slowed considerably […]

GAO: No OCI When Proprietary Information Obtained is of “No Relevance or Competitive Usefulness”

By on October 15, 2015 | Posted in Bid Protests

A recent Government Accountability Office (GAO) bid protest decision provides yet another example of the importance for contractors to identify potential organizational conflicts of interest (OCI) when submitting a proposal in response to a federal government solicitation. In DV United, LLC, B-411620, B-411620.2, Sept. 16, 2015, GAO denied a bid protest […]

SBA Proposes to Allow Prime Contractors to Count Lower-Tier Subcontracts Towards Small Business Subcontracting Goals

Yesterday, the Small Business Administration (“SBA”) issued a proposed rule to amend its regulations to implement Section 1614 of the National Defense Authorization Act for Fiscal Year 2014 (the “2014 NDAA”). The amendment proposes to expand the credit prime contractors may receive towards their small business subcontracting goals for subcontracts […]

Your GAO Protest Can Be Untimely Even if You Follow the Plain Language of GAO’s Protest Regulations

By on October 6, 2015 | Posted in Bid Protests

Have you ever had a contract dispute and looked back at the contract only to realize that you hadn’t contemplated that type of dispute occurring, and the contract is essentially silent on the issue?  It seems that this is the type of situation that GAO recently encountered with its bid protest regulations.  Unfortunately, this […]

How an Offeror’s Attempt to Avoid a Formal Bid Protest Can Backfire

By on October 1, 2015 | Posted in Bid Protests

In a recent bid protest decision, Coulson Aviation (USA), Inc., the Government Accountability Office (“GAO”) injected uncertainty regarding informal communications between a prospective offeror and the agency expressing concern about a solicitation provision. Unfortunately, this decision may punish contractors that seek to resolve concerns about a solicitation outside the protest […]

FY2014 Interagency Suspension and Debarment Committee Report: The Numbers Part 2

By on June 2, 2015 | Posted in Suspension and Debarment

Last week we discussed the FY2014 Interagency Suspension and Debarment Committee Report released in April, and discussed how the data in that report is compiled. This week we are breaking down the numbers in the report.  FY 2014 saw an increase in overall numbers of suspensions, proposed debarments, and debarments. There […]

FY2014 Interagency Suspension and Debarment Committee Report: The Compliance Trend Continues Part 1

By on May 28, 2015 | Posted in Suspension and Debarment

It’s the time of year again to obsess over numbers that are mostly irrelevant. On April 1, the Interagency Suspension and Debarment Committee released its FY2014 report releasing the number of exclusion actions government-wide that agencies initiated. These numbers include suspensions, proposed debarments, and debarments as well as administrative agreements. […]