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and Construction Matters Since 1893.
Oles Morrison

DOL Issues Final Rule Establishing $10.10/hour as Minimum Wage for Federal Contractors

By on October 28, 2014 | Posted in Labor

This month, the United States Department of Labor (“DOL”) issued a Final Rule establishing a minimum wage of $10.10 per hour for certain federal contractors beginning January 1, 2015. The rule implements Executive Order 13658 signed by President Obama earlier this year. The Final Rule applies to: Procurement contracts for […]

Nearly 1,650 Additional Firms to Become Eligible for Small Business Set-Asides under SBA’s Proposed Size Standard Revisions

By on October 23, 2014 | Posted in Legislative and Regulatory Developments

Over the past two months the U.S. Small Business Administration (“SBA”) has published two proposed rules to revise small business size standards in the North American Industry Classification System (“NAICS”).  If the proposed rules are adopted, nearly 1,650 additional firms will become eligible for small business contracting programs and SBA small business loans. […]

Court of Federal Claims Sanctions EPA for Backdating Document During Bid Protest

By on October 7, 2014 | Posted in Bid Protests

In a rare move, the U.S. Court of Federal Claims (COFC) imposed sanctions on the United States Environmental Protection Agency (EPA) for its conduct during the bid protest of Coastal Environmental Group, Inc. v. United States.  While the EPA ultimately prevailed on the merits of the protest, the EPA’s conduct was so egregious […]

ASBCA Dismisses Subcontractor’s Appeal that wasn’t Sponsored by Prime Contractor

By on October 2, 2014 | Posted in Claims and Disputes

When subcontractor claims arise on a federal contract, it is not uncommon for the prime to then assert those claims as pass-through claims against the government.  In such circumstances, it is important for subcontractors to remember that while they have rights to proceed against the prime contractor for those claims, […]

Common Bid Protest Mistakes: Extension of the Due Date for Comments Does Not Toll Timeliness Requirements for Asserting Supplemental Protest Grounds

By on September 24, 2014 | Posted in Bid Protests

This is the first in a series of posts highlighting common mistakes made (by protestors) in bid protests at GAO.  Today’s post discusses a mistake related to the deadline for filing supplemental protests when an extension is granted for filing comments on the agency report.  This mistake is made by […]

Terminated for Default? Debarment Could Be In Your Future

By on September 22, 2014 | Posted in Suspension and Debarment

Debarment is not just for ethics violations anymore. Suspending and Debarring Officials are looking to a new source for referrals – Contracting Officers. FAR 9.406-2(b)(1)(i)(A) and FAR 9.406-2(b)(1)(i)(B) allow Suspending and Debarring Officials to debar companies for a history of performance issues or a willful failure to perform in accordance […]

SBA Uses “Adverse Inference” Rule to Find Firm Affiliated with 27 Other Companies

By on July 2, 2014 | Posted in Small Business

One of the most fundamental requirements of Small Business Administration’s (SBA) size protest regulations is that the protested firm must timely produce information/documents that SBA requests to perform its investigation of the firm’s size/status. What is the penalty for failing to provide requested information/documents? SBA may presume the missing information would demonstrate that […]

The Danger of Uniformed and Inaccurate CPARs

By on July 1, 2014 | Posted in Bid Protests

In a recent bid protest decision concerning the Department of Energy’s award of legacy management support services award contract, GAO held that the agency acted reasonably when evaluating protestor WSS’s past performance on the incumbent contract by disregarding two Contractor Performance Assessment Reports (“CPARs”), which reflected “exceptional” performance, in favor of […]

2014 NDAA to Permit Prime Contractors to Count Lower Tier Subcontractors towards their Small Business Subcontracting Goals

Section 1614 of the National Defense Authorization Act for Fiscal Year 2014 (NDAA) offers advantages to small business subcontractors as well as prime contractors, by allowing primes to count second tier small businesses subcontracts toward their small business subcontracting goals. Previously, primes could only count first tier small business subcontractors […]