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and Construction Matters Since 1893.
Oles Morrison

SBA’s Upcoming Pilot Program for Small Business Subcontractor Past Performance Reviews – Potential Benefits for Small Business Subcontractors and Large Business Primes

Back when Congress passed the FY2017 NDAA, they included a provision (Section 1822) requiring SBA to create a pilot program to provide opportunities for qualified subcontractors to obtain past performance ratings. Specifically, Congress mandated that SBA create a 3-year pilot program whereby small business concerns without a past performance rating […]

New Rule, Same Requirements? – The Department of Defense’s New Rule on Voluntary Disclosures of Defective Pricing Matters

By on May 23, 2018 | Posted in Cost and Pricing

The Department of Defense (“DoD”) recently issued a final rule regarding contractor disclosures of defective pricing issues on DoD contracts, which can arise where the contractor’s certified cost or pricing data is inaccurate, incomplete or is not current.  In such cases, these errors and omissions can result in significant contract […]

Contractor Escapes Total Dismissal For Failure To Certify $500,000 “Severable” Claim

By on May 8, 2018 | Posted in Claims and Disputes

Often times the most difficult part of the government contract claims process is checking all the procedural “boxes” of a certified claim.  Failure to file a claim within six years of accrual, request a contracting officer’s final decision, or include a wet ink signature are just a few of the procedural […]

Oles Morrison to Present at AGC Federal Contractors Conference in D.C. – May 1st

By on April 29, 2018 | Posted in Claims and Disputes

On May 1, 2018, Oles Morrison partner Adam Lasky will be on a panel discussing “Tips for Avoiding Litigation on Federal Construction Projects,” together with Paul Varela (Varela, Lee, Metz & Guarino), Neil O’Donnell (Rogers, Joseph O’Donnell, PC), and Jennifer Fiore (Dunlap Fiore, LLC), at the AGC Federal Contractors Conference 2018.  Adam and the panel […]

Adam Lasky to Moderate ABA Panel Discussing the Future of Small Business Bid Protests – May 3rd

By on April 27, 2018 | Posted in Bid Protests

In the RAND Corporations’s 2018 report on DoD bid protests, RAND highlighted some concerning statistics regarding bid protests filed by small businesses. RAND discovered that more than 50% of protests were being filed by small businesses (more than double the percentage of prime contract dollars going to small businesses), and […]

Threat of Contractor Death Penalty Does Not Toll the CDA Statute of Limitations

By on April 19, 2018 | Posted in False Claims Act

The case of Green Valley Company, ASBCA No. 61275, presents an interesting conundrum for contractors facing fraud allegations who also have a contract claim against the government.  In 2006, the contractor presented invoices for payment to the government.  In 2017, the contractor converted those invoices into a certified claim requesting payment.  Under the […]

Adam Lasky to Present at NCMA’s Webinar on “Maximizing Teaming Under SBA’s Joint Venture Rules” – April 19th

Oles Morrison partner Adam Lasky will co-present with Shene Commodore, president of Commodore Consulting, LLC during National Contract Management Association’s “Maximizing Teaming Under SBA’s Joint Venture Rules” webinar. Hear about new rules and major changes the U.S. Small Business Administration (SBA) has made to its joint venture programs. Learn: SBA’s […]

SBA to Consolidate its All-Small and 8(a) Mentor-Protege Programs?

By on April 5, 2018 | Posted in Legislative and Regulatory Developments

As we were reviewing the regulatory agendas of various federal agencies for upcoming regulations that might impact federal contractors, we noticed that the U.S. Small Business Administration’s (“SBA”) most recent regulatory agenda included an upcoming proposed regulation entitled “Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments.”  Specifically, SBA’s […]