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Technical Excellence in Government Contracts
and Construction Matters Since 1893.
Oles Morrison

Contract Interpretation Using Extrinsic Evidence Sinks Contractor’s Claim at the CBCA

By on February 26, 2018 | Posted in Claims and Disputes

In a recent decision, NOAA Maryland, LLC v. General Services Administration, the Civilian Board of Contract Appeals (“CBCA”) looked to “extrinsic” evidence outside the contract to interpret whether the government was required to pay real estate taxes.  This case provides a reminder to contractors that while the CBCA is reluctant to […]

Texas Gets Burned: Court of Federal Claims Finds State’s Randolph-Sheppard Act Protest Premature

By on January 25, 2018 | Posted in Bid Protests

The Randolph-Sheppard Act (“RSA”) grants blind persons, operating through State Licensing Agencies, mandatory priority in the award of contracts for the operation of vending facilities on federal property so long as the SLA contractor satisfies criteria established by the RSA’s implementing regulations prescribed by the U.S. Secretary of Education.  In its recent […]

Responsibility Criteria v. Contract Performance Requirements – When Can You Protest?

By on June 8, 2017 | Posted in Bid Protests

Imagine a scenario in which a solicitation, calling in part for certain vehicle storage by bidders, requires that “[t]he contractor shall provide evidence that it has complied with all laws and ordinances associated with vehicle storage.  Applicable permits shall be kept current throughout the terms of the contract.”  Imagine then that a […]

Breakdown in Communication Leads to Rule 11 Dispute in Bid Protest of Telecommunications Contract

By on March 25, 2017 | Posted in Bid Protests

Communication is key to any protest or lawsuit.  While it is common for parties in a legal dispute to hold their cards close to the vest, significant problems arise when strategic discretion becomes closer to manipulation of facts.  In Level 3 Communications, LLC v. United States, the United States Court of Federal […]

Application of the Presumption of Affiliation Based on Identity of Interest Requires Clear Notice to Protested Firm

By on January 17, 2017 | Posted in Small Business

In the Size Appeal of Gregory Landscape Services, Inc., the U.S. Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) heard an appeal following a Size Determination in which the SBA Area Office held that Gregory Landscape Services, Inc. (“Appellant”) was not a small business under the applicable size standard associated with the subject procurement. […]

SBA’s 8(a) Program Survives Constitutionality Challenge … For Now

By on October 6, 2016 | Posted in Procurement Issues

Last month, the U.S. Court of Appeals for the D.C. Circuit handed down an opinion in Rothe Development, Inc. v. U.S. Department of Defense affirming a lower court’s 2015 decision denying a challenge to the constitutionality of Small Business Administration’s (“SBA”) 8(a) business development program (“8(a) Program”). However, reading the majority and […]