By Howard W. Roth on August 26, 2022 | Posted in
Oles Morrison’s Howard Roth and Jedidiah Blake set new protest jurisdiction precedent at the U.S. Court of Federal Claims in Hydraulics International, Inc. v. United States!
The court held it had jurisdiction over a bid protest challenging an Other Transaction Authority (OTA) award made in connection with a potential future procurement. For the first time, the court exercised its jurisdiction over a prototype OTA. The Government spends billions of dollars on prototype OTAs, which are transactions that can result in the exclusion of a bidder from consideration for a follow-on production contract. The decision is noteworthy because the court found the OTA language at issue — i.e., “may result in a production contract” — is sufficient for the court to have jurisdiction. Such language is standard in OTA prototype awards, therefore the court’s decision opens the door for contractors to challenge prototype OTA awards to competitors at the court
By Howard W. Roth on June 9, 2022 | Posted in
A guide for Government contractors on how to deal with the high inflation currently impacting the U.S economy.
By Howard W. Roth on February 8, 2022 | Posted in
Requests for Equitable Adjustments (REAs) and Contract Disputes Act (CDA) Claims share many key similarities, but important differences. This webinar presented by Oles Morrison attorney Howard Roth, will focus on recent developments and explore best strategies for contractors to get paid additional costs and recover time for delays incurred during […]
By Howard W. Roth on October 26, 2021 | Posted in Bid Protests
Choosing the correct forum is the first step in winning a bid protest. Both the Government Accountability Office (“GAO”) and U.S. Court of Federal Claims (“COFC”) have unique advantages and disadvantages. Knowing which forum is likely to yield the best results is imperative. This post aims to advise when and why a protester should file a bid protest at the GAO.
By Howard W. Roth on September 9, 2021 | Posted in Bid Protests
[Return to Oles Morrison Bid Protest Practice] A Concise Guide to Bid Protests at the Court of Federal Claims Government contractors have three options for bid protests, file a protest directly with the contracting agency, file a protest with the Government Accountability Office (“GAO”), or file a complaint with the […]
By Howard W. Roth on February 18, 2021 | Posted in Buy American Act
A new, much tougher Buy American final rule soon applies to new solicitations issued by the Government. The final rule implements former President Trump’s “Maximizing Use of America-Made Goods, Products, and Materials” Executive Order (EO). Previously we reported on the January 22, 2021 Biden EO, “Buy American Executive Order Doubles […]
By Howard W. Roth 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 […]
By Howard W. Roth 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 […]
By Howard W. Roth 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.
By Howard W. Roth on October 20, 2017 | Posted in Buy American Act
Howard Roth authored an article on Buy America and Buy American for the Seattle Daily Journal of Commerce. Below, learn about the differences between the two acts and why they matter to contractors. In this first year of Donald Trump’s administration, American sourcing requirements are receiving heightened focus that impacts […]
By Howard W. Roth 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 […]
By Howard W. Roth on June 1, 2017 | Posted in Claims and Disputes
A Request for Equitable Adjustment (REA) is not defined by the Federal Acquisition Regulation (FAR), but is only referenced therein. What then, is an REA? REAs are requests for additional monies or time based on contract clauses that provide for such relief, for instance the Changes clause of the contract […]
By Howard W. Roth on April 27, 2017 | Posted in Buy American Act
On April 18, 2017, President Trump signed the “Buy American Hire American” Executive Order (“EO”). The EO restates the policy of the government to buy American. Federal agencies are required to make an assessment of what the EO calls the “Buy American Laws” aimed at maximum use of United States […]
Possible Constitutional Issues with Proposed State/Local Sanctions Against Contractors Working on President Trump’s Border Wall
By Howard W. Roth 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 Howard W. Roth 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 […]