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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 […]

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 […]

Join Howard Roth June 1st for “Teaming & Joint Venturing for Government Contracting Success” sponsored by Washington PTAC and Tri-City Regional Chamber of Commerce.  This seminar will be held at the Tri-Cities Business & Visitor Center Bechtel Board Room 7130 W. Grandridge Blvd., Kennewick WA 99338 from 10am to 12pm.  For more information […]

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 […]

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 […]

In Roy Allen Slurry Seal, Inc. v. American Asphalt South, Inc., (2017) 2 Cal.5th 505, the California Supreme Court recently ruled that disappointed bidders could not state a claim for the tort of intentional interference with prospective economic advantage against companies that obtain public contracts based on business practices that […]

Contractors often sign modifications and change orders without being fully aware of the rights they may be waiving under the modifications’ terms. While the federal government’s standard modification form (Standard Form 30) does not contain waiver language, government agencies generally add such language to ensure that the modification forecloses future […]

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 […]

Oles Morrison attorney, Adam K. Lasky,  has been invited to present at the Alliance Northwest 2017 Conference on Thursday, March 19 at the Washington State Fairgrounds Showplex. His presentation, “A Contractor’s Guide to Mitigating Negative Past Performance Reviews” will provide contractors with a roadmap for dealing with negative past performance reviews, […]

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. […]

As past performance reviews become an increasingly important part of the bid evaluation process, the performance assessments catalogued in the Contractor Performance Assessment Reporting System (“CPARS”) will have greater significance than ever before. CPARS reviews generally set forth the Government’s evaluation of a contractor’s performance based on several factors, including […]

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 […]

Sea Sheppard Conservation Society (“Sea Sheppard”) recently found itself in the unfortunate situation of being in an auction bidding war against a single ineligible bidder in a General Services Administration (“GSA”) auction, resulting in Sea Sheppard having to pay a substantially higher sum for two vessels than if only eligible buyers had been allowed […]

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 […]

On Wednesday, November 16, Howard Roth will present an interactive workshop at the Tri-Cities Regional Chamber of Commerce that will provide essential information small businesses need to know to protect their business.  Learn about recent updates including the SBA’s new Mentor/Protégé Program, Affiliation rules and Teaming/Joint Venturing.  To register for […]