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Oles Morrison

Why Judge Kavanaugh’s Confirmation Could be Good News for Government Contractors

By on September 4, 2018 | Posted in Bid Protests

Many politically charged issues are likely to steal the headlines during the confirmation hearings for President Trump’s nominee for the U.S. Supreme Court, D.C. Circuit Court of Appeals Judge Brett Kavanaugh.  However, one issue unlikely to make headlines is the impact that Judge Kavanaugh’s confirmation may have on the doctrine […]

Senate’s Proposed FY2019 NDAA Includes No Major Bid Protests Reforms (Despite DoD’s Request for Legislation to Curtail Second-Bite Protests)

By on June 11, 2018 | Posted in Bid Protests

It seems like a yearly ritual.  The U.S. Senate Armed Services Committee (“SASC”) drafts and passes a version of the annual National Defense Authorization Act (“NDAA”) that includes reforms aimed at curtailing bid protests, while the House Armed Services Committee (“HASC”) drafts and passes a version of the NDAA that […]

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 […]

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 […]

DoD Begins Implementation of Enhanced Post-Award Debriefing Rights

By on | Posted in Bid Protests

As we previously discussed, when Congress passed the FY 2018 NDAA it required the Department of Defense (“DoD”) to issue regulations providing for enhanced post-award debriefing rights on certain DoD procurements.  Specifically, Congress mandated enhanced content requirements, a follow-up question process, and corresponding changes to the time to file a […]

House and Senate Strike Deal on Bid Protest Reforms in FY 2018 NDAA

By on November 12, 2017 | Posted in Bid Protests

Earlier this year, the U.S. Senate and House of Representatives passed different versions of the National Defense Authorization Act for Fiscal Year 2018 (“FY 2018 NDAA”).  The Senate version contained dramatic bid protest reforms that, with the exception of the reforms to debriefing, were largely unpopular in the government contracting community.  The House […]

The U.S. Court of Federal Claims Just Changed the Calculus for Deciding Whether to Intervene in a Bid Protest

By on October 24, 2017 | Posted in Bid Protests

Last week, the U.S. Court of Federal Claims (COFC) published an opinion in Sonoran Tech. and Professional Services, LLC, v. United States, dismissing all of Sonoran’s bid protest claims as untimely.  There are a number of timeliness issues discussed in the Sonoran opinion.  One of the holdings from Sonoran that contractors (especially awardees with contracts under protest) need […]

Fundamentals to Winning Bid Protests at GAO — Part 2: Framing Initial Protest Arguments with the Big Picture in Mind

By on June 15, 2017 | Posted in Bid Protests

This post is the second in a multi-part series discussing the fundamental steps that protesters (and their outside counsel) can take to enhance their chances of success at GAO.  Previously, in Part 1 of this series, we discussed the importance of making the most of your debriefing.  Today, in Part 2 of […]

Fundamentals to Winning Bid Protests at GAO — Part 1: Make Your Debriefing Count

By on June 1, 2017 | Posted in Bid Protests

In FY 2016, there were 2,789 bid protests filed at the Government Accountability Office (“GAO”) challenging federal procurement decisions.  In approximately 46% of these protests, the protester obtained some or all of the relief it was seeking, either through the protest being sustained by GAO, or through the federal agency […]

GAO has Jurisdiction to Review Award of an Intergovernmental Support Agreement

By on April 4, 2017 | Posted in Bid Protests

In what appears to be the first litigation concerning “intergovernmental support agreements” (IGSA), the Government Accountability Office (GAO) in Red River Waste Solutions, Inc., B-414367 (March 21, 2017) declared that it has jurisdiction to review the award of IGSAs (in this particular case an IGSA for garbage collection services). Section 331 of […]

Did the U.S. Court of Federal Claims Just Make it Easier to Obtain a TRO in a Bid Protest?

By on March 31, 2017 | Posted in Bid Protests

Unlike bid protests filed at the Government Accountability Office (“GAO”), there is no automatic Competition in Contacting Act (“CICA”) stay that applies to protests filed at the U.S. Court of Federal Claims (“COFC”). Instead, a protester wishing for the contract award to be halted during the pendency of a COFC protest has […]

President Trump Signs H.J. Res. 37 Canceling the Fair Pay and Safe Workplaces (“Blacklisting”) Rule

By on March 28, 2017 | Posted in Labor

Last month, we wrote about the House passing a resolution (H.J. Res. 37) pursuant to the Congressional Review Act to repeal the Fair Pay and Safe Workplaces rule (commonly known as the contractor “Blacklisting” rule). At the time we predicted the resolution would also pass the Senate and be signed by President Trump. On March […]