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HTMLDoes an "Unrealistically Low" Price For a Fixed Price Contract Permit an Agency to Simply Eliminate a Proposal from Competition?
Alan I. Saltman; Smith, Currie & Hancock LLP;
Legal Alert/Article
January 5, 2016, previously published on December 4, 2015
The Court of Federal Claims just issued a significant opinion in KWR Construction Inc. v. United States, regarding an agency's rejection of a proposal on the basis that the offeror's price was unrealistically low. The procurement was for a multiple-award construction contract and was set aside for...


HTMLAre Public-Private Partnerships Subject to Prevailing Wage Laws?
Stephen J. Kelleher; Smith, Currie & Hancock LLP;
Legal Alert/Article
November 17, 2015, previously published on November 4, 2015
Public-Private Partnerships, often referred to as P3s or PPPs, are experiencing a growing popularity in construction. One reason for this is quite straightforward: as public entities, whether they be cities, states or public agencies, continue to experience tightening budgets, creative means of...


HTMLWho Owes What to Whom? Liability and Alternative Project Delivery
Laura J. Stipanowich; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 9, 2015, previously published on June 12, 2015
Alternative project delivery methods, such as design-build, are increasingly prevalent in the modern construction industry. Occasionally, the design-build team consists of a constructor that, pursuant to a prime contract with the project owner, is the “single point of responsibility”...


HTMLSBA Proposed Rules Small Business Mentor-Protégé Program
Stephen J. Kelleher, Steven L. Reed, Alan I. Saltman; Smith, Currie & Hancock LLP;
Legal Alert/Article
May 13, 2015, previously published on February 5, 2015
On February 5, 2015, the Small Business Administration issued proposed rules that would establish a government wide mentor-protégé program for all small business types, including participants in the HUBZone, Women-Owned Small Business and Service Disabled Veteran Owned Small Business...


HTMLCONCESSION LAW NEWS: GAO Reiterates Its Jurisdiction to Hear Bid Protests Regarding Some NPS Concessions Contracts; but Totally Denies the Protest
Alan I. Saltman; Smith, Currie & Hancock LLP;
Legal Alert/Article
May 13, 2015
A Government Accountability Office (GAO) bid protest decision issued last week in DNC Parks & Resorts at Yosemite, Inc., reveals that the National Park Service (NPS) is continuing its approach of thumbing its nose at GAO. That is, asserting once again, that GAO does not have jurisdiction over...


HTMLLicensing Challenges for Multi-State Design Practices
Kathleen Hsu; Smith, Currie & Hancock LLP;
Legal Alert/Article
February 18, 2015, previously published on February 10, 2015
Architects and engineers typically contract to provide professional design services in a number of states and are, therefore, subject to each state’s licensure laws. It is important for design professionals to be aware of state-specific differences in licensing before entering into contracts...