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Oles Morrison

The Section 809 Panel Recommends Substantial Changes to DoD Bid Protests

By on February 5, 2019 | Posted in Bid Protests

The Section 809 Panel, which is tasked with developing and providing recommendations to improve and enhance the efficiency of the Department of Defense procurement system, issued the third volume of its report and recommendations Jan. 15, 2019.  Among the numerous recommendations for streamlining DoD acquisitions, several of which relate to […]

President Trump Expands Buy American Act – Another Wrench in the Works?

By on February 1, 2019 | Posted in Buy American Act

While domestic preference requirements in federal procurements, namely the Buy America and Buy American Acts, are not new their increased emphasis are.  As has been well publicized, a central focus of the Trump Administration has been to encourage and increase the use of domestically sourced products and materials in connection […]

Government Allowed Contractor to “Twist in the Wind,” Violating Duty of Good Faith and Fair Dealing

By on August 28, 2018 | Posted in Claims and Disputes

Contractors frequently claim that owners have breached the implied duty of good faith and fair dealing, largely as an alternative to more specific claims for constructive change or breach. These good faith and fair dealing claims are difficult to recover on, largely because courts and the boards have required a […]

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 […]

Supreme Court Denial Highlights Risk to Contractors of Rule Giving Deference to Agency’s Interpretation of Regulations

By on March 29, 2018 | Posted in Legislative and Regulatory Developments

Since at least 1945, the U.S. Supreme Court has upheld the unique ability of government agencies to create binding, unwritten interpretations of their own regulations. What is most troubling about this is that the agency can make or amend its regulations during the course of a contractor’s performance.  This government interpretation […]

An Overview of Cooperative Agreements in Federal Contracting

By on March 1, 2018 | Posted in Procurement Issues

“Cooperative Agreements” are legal instruments that facilitate the transfer of something of value from federal executive agencies to states, local governments, and private recipients for a public purpose or benefit. Cooperative Agreements are distinct from traditional procurement contracts and thus are not subject to the Federal Acquisition Regulation (FAR). Like […]

An Overview of “Other Transaction Authority”

By on February 5, 2018 | Posted in Other Transaction Authority

Other Transaction Authority (“OTA”) describes the streamlined procedures that federal agencies may use to procure innovative research or prototypes, without the constraints of a typical contract, grant, or cooperative agreement. This flexibility has made OTA an increasingly popular choice for federal acquisitions in recent years. OTA helps open the door […]

Contractor Waives its Right to Pursue Claim Through its Invoice for Final Payment

By on February 1, 2018 | Posted in Claims and Disputes

The Armed Services Board of Contract Appeals (the “Board”) recently issued another reminder in [Redacted], ASBCA No. 61065, that government contractors need to specifically reserve their rights to Contract Disputes Act claims in modifications and releases for final payment. While its name doesn’t quite rival the best of those associated […]

Tribal Employees Potentially Liable Under False Claims Act, Washington Federal Court Finds

By on April 13, 2017 | Posted in False Claims Act

A federal judge in the Western District of Washington has ruled that tribal employees may still be liable in their individual capacities under the False Claims Act, even if Native American tribes themselves are protected from such suits by sovereign immunity. This interpretation could have important implications for Alaska Native-owned […]