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and Construction Matters Since 1893.
Oles Morrison

GAO Upholds Agency’s Rejection Of Protestor’s CAGE-Y Proposal

By on October 23, 2018 | Posted in Bid Protests

It is not uncommon for government contractors to have one or more related companies (e.g., parent/subsidiary companies) involved in the industry.  One way the government keeps track of such related entities is to utilize Commercial and Government Entity (CAGE) codes.  These codes are used for a variety of purposes, including facility clearances. […]

Trump’s New Supreme Court Pick and Implications for the Davis Bacon Act

By on August 7, 2018 | Posted in Labor

Six months into Trump’s presidency, we wrote about how Trump’s $1 trillion infrastructure plan was likely to include more federal deregulation, including possible repeal or suspension of the Davis Bacon Act (DBA).  Two months after that article, comments from the House Transportation and Infrastructure Committee suggested Trump had changed his […]

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 […]

You Don’t Always Get What You Pay For: Government Waives a Credit for Work Not Performed

By on January 22, 2018 | Posted in Claims and Disputes

In Appeal of American West Construction, LLC, the Armed Services Board of Contract Appeals considered whether the U.S. Army Corps of Engineers (Government) lost its right to claim a credit under the Changes Clause by waiving its right to insist on compliance with the contract specifications prior to insisting on […]

Compensation for Changed Work Not Enough to Fully Compensate for Unchanged Work According to CBCA

By on December 7, 2017 | Posted in Claims and Disputes

  In Industrial Maintenance Services, CBCA 5618, the Civilian Board of Contract Appeals (CBCA) found a contractor was entitled to additional payment where the Agency paid certain direct costs associated with a change in the critical path of performance, but failed to include the costs of impacted, unchanged work in […]

Department of Labor Increases Health and Welfare Fringe Benefit Rates for Contracts Covered by the Services Contract Act

By on August 18, 2017 | Posted in Labor

On July 25, 2017, the U.S. Department of Labor (DOL), Wage and Hour Division, issued a memorandum increasing the health and welfare fringe benefits rate for contracts covered by the McNamara-O’Hara Service Contract Act (SCA). The SCA requires contractors and subcontractors performing work on federally funded prime contracts in excess […]

Trump’s Infrastructure Plan Likely to Retain Davis Bacon Act Requirements

By on August 1, 2017 | Posted in Labor

In April, we wrote about  how President Trump’s estimated $1 trillion infrastructure plan may come with possible repeal or suspension of the Davis Bacon Act (DBA).  A few months later, and the Trump Administration seems to be singing a different tune.  More recently, comments from Transportation Secretary Elaine Chao suggest that […]

President Trump’s Comments Stir Rumors of Possible Repeal or Suspension of the Davis Bacon Act

By on April 19, 2017 | Posted in Labor

Nearly 100 days into the new presidency, all eyes are on which of his campaign promises President Trump will implement next.  One such promise put into motion is the President’s estimated $1 trillion infrastructure plan.  Touted during his campaign as a means to stimulate job growth, the President’s plan may […]

Export-Import Bank Proposes to Adopt Small Business Jobs Act Standard for Size Determination

By on December 29, 2016 | Posted in Legislative and Regulatory Developments

Recently, the U.S. Export-Import Bank (EXIM) issued a proposal that would align its size standards for determining whether a business qualifies as a “small business” with the Small Business Administration’s (SBA) current SBA Loan Program standards. Such a change would decrease inconsistencies among the entities, and potentially increase EXIM lending […]

Federal Court Enters Nationwide Injunction Halting DOL Overtime Rule

By on December 14, 2016 | Posted in Legislative and Regulatory Developments

On Nov. 22, 2016—just 10 days before the rule was scheduled to go into effect—U.S. District Judge Amos L. Mazzant entered a nationwide preliminary injunction preventing implementation of the Department of Labor’s (DOL) final rule increasing the minimum salary level required to qualify as exempt under the Fair Labor Standards […]

SBA Commissioned Study Prompts Expansion of Set-Aside Opportunities for Women-Owned Small Businesses

By on March 18, 2016 | Posted in Small Business

Timely given that last week was National Women in Construction Week, the United States Small Business Administration (SBA) recently published a notice in the Federal Register expanding the use of 113 new North American Industry Classification System (NAICS) Industry groups for women-owned business (WOSB) set-asides.  Such a determination was made following a study […]

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 […]

OFCCP Extends Equal Protection Rights Prohibiting Discrimination Based on Sexual Orientation and Gender Identity

By on December 17, 2014 | Posted in Labor

On December 9, 2014, the U.S Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published a final rule implementing Executive Order (EO) 13672 effectively amending EO 11246, which previously only prohibited discrimination by federal contractors and subcontractors on the bases of race, color, religion, sex, and national origin.  […]

Proposed Bill Would Give “Preferential Points” to Federal Contractors for Good Labor Practices – Could Lead to Tug O’ War with Incoming “Pro-Contractor” Congress

By on November 19, 2014 | Posted in Labor

As Congress reconvenes it will consider a new bill that would direct federal agencies to give preferential points in the bidding process to federal government contractors based on their labor practices. The bill, proposed by Rep. Eleanor Holmes Norton (D-D.C.), would give points to companies that pay their employees a […]