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

SBIR DOD Contracts – Protecting Your Company’s Valuable Intellectual Property

By on June 5, 2020 | Posted in Small Business

The Small Business Innovation Research (SBIR) Program is designed to facilitate opportunities for small businesses to work with the Federal Government on research and development (R&D) projects.  (Similarly, the Small Business Technology Transfer Program (STTR) facilitates public/private partnerships for R&D.)  These programs are exceptional vehicles for bringing new technology to […]

President Trump Answers Small Business’ Prayers; Signs CARES Act with Payroll Protection Program

By on March 30, 2020 | Posted in Legislative and Regulatory Developments

As this is a fast moving topic, please note that this article is current as at 03/30/20.  On Friday March 27, President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The Act includes a lifeline for small businesses fighting to keep workers on the payroll during the […]

Agency Protests: A Contractor’s Secret Weapon

By on February 11, 2020 | Posted in Bid Protests

What do you do when the Agency has made a mistake in the solicitation for a contract requirement or not selected your company for award of the contract?  Most contractors think of filing a protest to Government Accountability Office (GAO) or the Court of Federal Claims (COFC) and therefore do not avail themselves of the secret weapon in bid protests—an agency protest.

Smart contractors utilize agency protests which are, cheaper, quicker, not revealed to other offerors, and have little downside on pre-award issues.  While there are risks, an agency protest provides another protest weapon to gain an edge for a contractor in the fight for contracts.

Which Courts have Jurisdiction to Consider Appeals of Maritime CDA Claims?

By on June 6, 2017 | Posted in Claims and Disputes

Maritime government contracting is a multi-billion dollar industry involving the Navy, Army, Coast Guard and other agencies. Most contractors are familiar with the Federal Acquisition Regulation (FAR) 33.211 provision at the end of each contracting officer’s (“CO’s”) decision on a Contract Disputes Act (“CDA”) claim stating: “Instead of appealing to the […]

Possible Constitutional Issues with Proposed State/Local Sanctions Against Contractors Working on President Trump’s Border Wall

By on April 25, 2017 | Posted in Procurement Issues

President Trump has signed Executive Order 13767 that directs a wall to be built on the Mexico-United States border.  The Department of Homeland Security has sought proposals to design and build a prototype of the border wall, and many contractors have submitted offers.  At the same time, several state and local […]

President Trump Puts Buy America and Buy American Acts in the Spotlight – What Contractors Need to Know

By on March 13, 2017 | Posted in Buy American Act

In these early days of Donald Trump’s administration, domestic sourcing requirements are receiving heightened focus.  President Trump’s Jan. 24, 2017, “Presidential Memorandum Regarding Construction of American Pipelines” asks the Secretary of Commerce to “develop a plan under which all new pipelines . . . inside the borders of the United […]

Implementation of the Fair Pay and Safe Workplaces Final Rule Temporarily Halted by a Federal Court

By on October 26, 2016 | Posted in Labor

Starting October 25th many new federal government contract solicitations were to contain the clauses required under the Fair Pay and Safe Workplaces Final Rule based on the Executive Order put in place by the Obama administration.  These clauses would impose significant new compliance and reporting obligations on federal contractors (and […]

Department of Defense Rescinds 2015 Commercial Items Guidance

By on September 12, 2016 | Posted in Legislative and Regulatory Developments

On September 2, 2016, the Department of Defense (the “DoD”) issued a memorandum entitled “Guidance on Commercial Item Determinations and the Determination of Price Reasonableness for Commercial Items.”  This new guidance effectively rescinds prior guidance issued by the DoD in February 2015 regarding commercial item determinations, and to preview guidance […]

Protecting IP Rights in Technical Data and Computer Software – An Overview for Defense Contractors

By on March 4, 2016 | Posted in Intellectual Property

From a contractor’s perspective, intellectual property (IP) is a valuable corporate asset that can be used to generate revenue, create a competitive advantage, create barriers to entry by competitors, and act as a deterrent to litigation.  The Government also needs to consider IP issues during the acquisition planning process to […]

ASBCA Fiscal Year 2015 Annual Report: Sustain Rate of Appeals Remains over 50% and ASBCA Resolves More Appeals

By on October 29, 2015 | Posted in Claims and Disputes

On October 20, 2015, the Armed Services Board of Contract Appeals (ASBCA) released its Annual Report of Transactions and Proceedings for the fiscal year ending 30 September 2015.  The report indicates that the number of appeals pending have more than doubled since 2011, but that the increase has slowed considerably […]