Who is a government contractor for purposes of submitting a claim against the Government under the Contract Disputes Act (CDA)? A decision from the Civilian Board of Contract Appeals (CBCA) in an appeal handled by Oles Morrison highlights the “operation of law” exception to the Anti-Assignment Act under a merger. Read More…
WHEN: October 12-13
8:30AM – 11:45AM (PT, each day)
WHERE: Online
COST: $25
The Federal Contracting Seminar is brought to you by a partnership with Oles Morrison Rinker Baker LLP, Pacific NW Defense Coalition, AGC, and Washington PTAC with the goal of providing high quality training to businesses throughout the region. Read More…
Oles Morrison’s Howard Roth and Jedidiah Blake set new protest jurisdiction precedent at the U.S. Court of Federal Claims in Hydraulics International, Inc. v. United States!
The court held it had jurisdiction over a bid protest challenging an Other Transaction Authority (OTA) award made in connection with a potential future procurement. For the first time, the court exercised its jurisdiction over a prototype OTA. The Government spends billions of dollars on prototype OTAs, which are transactions that can result in the exclusion of a bidder from consideration for a follow-on production contract. The decision is noteworthy because the court found the OTA language at issue — i.e., “may result in a production contract” — is sufficient for the court to have jurisdiction. Such language is standard in OTA prototype awards, therefore the court’s decision opens the door for contractors to challenge prototype OTA awards to competitors at the court
Since the onset of the COVID-19 pandemic, the construction industry has been in flux. Mandatory health and safety protocols, supply chain delays slowing down delivery of materials, and other problems combined to impact and delay projects nationwide. While the United States recovers from the pandemic, rising inflation has led to materials and fuel prices skyrocketing, Read More…
A guide for Government contractors on how to deal with the high inflation currently impacting the U.S economy.
On March 11, 2020, the World Health Organization declared COVID-19 a global pandemic. In the United States, positive cases rose at an alarming rate and hospitals met or exceeded capacity. The economy plummeted as various industries shut down, causing nationwide delays and shortages. For government contractors, Read More…
Requests for Equitable Adjustments (REAs) and Contract Disputes Act (CDA) Claims share many key similarities, but important differences. This webinar presented by Oles Morrison attorney Howard Roth, will focus on recent developments and explore best strategies for contractors to get paid additional costs and recover time for delays incurred during contract performance. Read More…
If you reasonably believe the awardee of a small business set-aside is really a large business, then you can file a Small Business Administration (“SBA”) size protest. The federal government reserves a portion of its procurement dollars for purchasing products or services from small businesses. These set-asides help small businesses compete for federal government contracts. Not surprisingly, however, some businesses who are initially awarded these contracts are actually large businesses posing as small business concerns. A size protest presents a quick and economical option to challenge the award to such a large business.
Choosing the correct forum is the first step in winning a bid protest. Both the Government Accountability Office (“GAO”) and U.S. Court of Federal Claims (“COFC”) have unique advantages and disadvantages. Knowing which forum is likely to yield the best results is imperative. This post aims to advise when and why a protester should file a bid protest at the GAO.
A Concise Guide to Bid Protests at the Court of Federal Claims
Government contractors have three options for bid protests, file a protest directly with the contracting agency, file a protest with the Government Accountability Office (“GAO”), or file a complaint with the Court of Federal Claims (“COFC”). Read More…