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Important Final Recovery Act Amendments to the FAR
Today, the FAR Councils published several final rules in Federal Acquisition Circular (FAC) 2005-42 (75 Federal Register 115, Jun. 16, 2010), including several important final rules dealing with transparency and accountability in the use of Recovery Act funds. The most significant new rules are summarized below.
1. American Recovery and Reinvestment Act of 2009 - Publicizing Contract Actions (FAR Case 2009-010). Implements earlier OMB guidance for increased accountability and transparency by publicizing certain contracting actions in connection with contracts funded by the Recovery Act.
2. American Recovery and Reinvestment Act of 2009 - GAO/IG Access (FAR Case 2009-011). Gives the Comptroller General authority to audit contracts, subcontracts, supplemental agreements, and task or delivery-order contracts and to interview contractor and subcontractor employees under contracts using Recovery Act funds. Agency Inspectors General receive the same authorities, except the authority to interview subcontractor employees.
3. American Recovery and Reinvestment Act of 2009 - Whistleblower Protections (FAR Case 2009-012). Prohibits non-Federal employers from discharging, demoting, or discriminating against an employee for disclosing information concerning wrongdoing in connection with contracts funded under the Recovery Act.
4. New Designated Country - Taiwan (FAR Case 2009-014). Allows contracting officers to purchase goods made in Taiwan, if the acquisition is covered by the World Trade Organization Agreement on Government Procurement.
5. Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts - Section 844 of the National Defense Authorization Act for Fiscal Year 2008 (FAR Case 2008-003). Requires that a justification for using noncompetitive "brand name" specifications must be posted with the solicitation for at least 30 days.
6. Electronic Subcontracting Reporting System (eSRS) (FAR Case 2005-040). Implements the Electronic Subcontracting Reporting System (eSRS); replacing the Standard Forms (SF) 294 and 295 as the mechanism for submitting reports required by the small business subcontracting program.
FAC 2005-42 is available at http://edocket.access.gpo.gov/2010/pdf/2010-14184.pdf.
For more information, please contact Tim Coinnelly at
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, or by phone at (612) 236-0160.
Click here for upcoming government contracting events.
The law firm of Eckland & Blando LLP was founded to serve the needs of corporations, partnerships and individuals based in the Upper Midwest who do business with government agencies at all levels. We are the only law firm in the region that devotes its practice to government procurement law and related forms of dispute resolution with government agencies.
Your Midwest Connection to the World of Government Contracts
1020 Lumber Exchange, 10 South Fifth Street,
Minneapolis, MN 55402
612-236-0160
EcklandBlando.com
Disclaimer
This article is intended for general information purposes only. It should not be construed as legal advice or a legal opinion on any specific facts or circumstances. An attorney-client relationship is not created by reading this article. Attorneys of Eckland & Blando LLP will be pleased to provide further information regarding the matters discussed herein. |
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Department of Labor Publishes New Rule Requiring Federal Contractors and Subcontractors to Notify Employees of Rights under Federal Labor Laws
On Wednesday, May 19, 2010, the U.S. Department of Labor published a final rule requiring all Federal contractors and subcontractors to notify their employees about their rights under the National Labor Relations Act (NLRA). The rule, found at 29 C.F.R. Part 471, also states that all Federal contracts and subcontracts must include a provision requiring Federal contractors and subcontractors to post the notice. The rule, which implements Executive Order 13496, signed by President Obama on January 30, 2009, states that notices to employees must be physically posted in and around plants and offices where other notices to employees are posted. The rule applies to prime contractors as well as all tiers of subcontractors, based on the broad definition of "contract" set forth in the rule. Moreover, the term "subcontract" is to be construed broadly to encompass contracts for commercial items as defined in the Federal Acquisition Regulations, 48 CFR § 2.101.
The required notice (i) lists the right of employees under the NLRA to form, join, and support a union and to bargain collectively with their employer; (ii) provides examples of unlawful employer and union conduct that interferes with those rights; and (iii) indicates how employees can contact the National Labor Relations Board with questions or to file a complaint. Possible sanctions for noncompliance with the notice requirement include the suspension or cancellation of an existing contract and debarment from future Federal contracts and subcontracts. Exceptions to the posting requirement exist for prime contracts under the Simplified Acquisition Threshold, currently at $100,000, and subcontracts below $10,000.
Under the new rule, Federal government contractors must be sure to include the notice requirement in all subcontracts. Additionally, all Federal contractors and subcontractors should post the required notice immediately in physical form as well as electronic form if notices to employees are currently posted electronically. Copies of the required notice can be acquired from (1) the Federal contracting departments and agencies; (2) OLMS at (202) 693-0123 or www.olms.dol.gov; or (3) field offices of the Department of Labor's OLMS or Office of Federal Contract Compliance Programs.
The full text of the Department of Labor's new rule is available at: http://www.dol.gov/olms/regs/compliance/EO13496.htm. For more information, please contact Mark Blando at (612) 236-0160 or
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.
Click here for upcoming government contracting events.
The law firm of Eckland & Blando LLP was founded to serve the needs of corporations, partnerships and individuals based in the Upper Midwest who do business with government agencies at all levels. We are the only law firm in the region that devotes its practice to government procurement law and related forms of dispute resolution with government agencies.
Your Midwest Connection to the World of Government Contracts
1020 Lumber Exchange, 10 South Fifth Street,
Minneapolis, MN 55402
612-236-0160
EcklandBlando.com
Disclaimer
This article is intended for general information purposes only. It should not be construed as legal advice or a legal opinion on any specific facts or circumstances. An attorney-client relationship is not created by reading this article. Attorneys of Eckland & Blando LLP will be pleased to provide further information regarding the matters discussed herein. |
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GAO Resolves Tie Between Bidders By Drawing Lots
The GAO recently resolved a challenge to a procurement of the Army Corps of Engineers for an aquatic herbicide by drawing lots among three of four offers with identical proposed unit prices. In Vetcorp, Inc., B-402519 (May 14, 2010), the GAO approved the agency's reliance on FAR 14.408-6, Equal Low Bids, and rejected the protester's contention that it should have received a HUBZone evaluation preference. In this unusual case, the agency contended that the solicitation was a sealed bid acquisition under FAR Part 14 to justify its reliance on FAR 14.408-6. The GAO, noting that the solicitation inclu ded some typical commercial item clauses and that the agency did not open the offers in public as is required in a sealed bid acquisition, found instead that the solicitation was a form of commercial item acquisition under FAR Part 12. The GAO went on to find that an agency may use procedures in FAR Parts 13 ("Simplified Acquisition Procedures"), 14 ("Sealed Bidding") or 15 ("Contracting By Negotiation") in a commercial item acquisition.
In this case, the GAO said that the Corps was allowed to use the equal low bids rule at FAR 14.408-6, which gave a preference, in order, to small business concerns in labor surplus areas, and then to other small business concerns. If this order of precedence does not resolve the tie, FAR 14.408-6 requires that the agency award the contract by drawing lots in front of three witnesses, which the agency did in this case. The protester also contended that it should have received an evaluation preference of 10% based on the HUBZone rules at FAR 19.1307(a). After consulting with the Small Business Administration, however, the GAO concluded that the HUBZone evaluation preference could not be used to favor one small business concern over another.
Contractors should be aware of the differences between sealed bids and proposals, and recognize that when contracting for commercial items under FAR Part 12, the government may use simplified acquisition procedures, sealed bidding procedures or negotiated acquisition procedures. A careful review of the solicitation, including the synopsis, the evaluation criteria, and other key elements is often necessary to ensure a contractor understands how its response will be evaluated.
For additional information, please contact Jeff Eckland at (612) 236-0160 or
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. The GAO decision is available at http://www.wifcon.com/cgen/402519.pdf.
Click here for upcoming government contracting events.
The law firm of Eckland & Blando LLP was founded to serve the needs of corporations, partnerships and individuals based in the Upper Midwest who do business with government agencies at all levels. We are the only law firm in the region that devotes its practice to government procurement law and related forms of dispute resolution with government agencies.
Your Midwest Connection to the World of Government Contracts
1020 Lumber Exchange, 10 South Fifth Street,
Minneapolis, MN 55402
612-236-0160
EcklandBlando.com
Disclaimer
This article is intended for general information purposes only. It should not be construed as legal advice or a legal opinion on any specific facts or circumstances. An attorney-client relationship is not created by reading this article. Attorneys of Eckland & Blando LLP will be pleased to provide further information regarding the matters discussed herein. |
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Department of Agriculture Proposes Rules for Biobased Products Preference in Federal Procurements
Yesterday, the Department of Agriculture (USDA) issued proposed rules to establish a preference for its 6th round of "biobased" items in federal procurements. 75 Fed. Reg. 6796 (Feb. 10, 2010). For a list of previously identified categories of products with a USDA determined minimum specified amount of biobased material, see http://www.biopreferred.gov/ProposedAndFinalItemDesignations.aspx. If the currently proposed designations are approved, the preference will become effective one-year after the publication of the final rule, and federal agencies and federal contractors will then be required to acquire the recently identified products.
Under the proposed rule, procuring agencies are generally required to purchase USDA-designated items if the purchase price exceeds $10,000 or the purchased value of such items (or functionally equivalent items) over the preceding year was $10,000 or more. Exceptions to the preference exist if the agency determines that the product (1) is not reasonably available, (2) fails to meet reasonable performance standards, or (3) is not available at reasonable price.
The USDA is proposing to designate the following items for preferred procurement, with a proposed minimum biobased content for each:
Disposable tableware (with a minimum biobased content of 72%);
Expanded polystryrene (EPS) foam recycling products (90%);
Heat transfer fluids (89%);
Ink removers and cleaners (79%);
Mulch and compost materials (95%);
Multipurpose lubricants (88%);
Office paper (95%);
Topical pain relief products (91%); and
Turbine drip oils (87%).
Under the proposed rule, manufacturers of the specific items will "self-certify" that their products contain qualifying percentages of biobased material, or "feedstock." The USDA intends to develop a monitoring process for the certifications.
In the future, the USDA will consider additional classes of items for designation as preferred bio-based products by comparing them to program criteria developed by the USDA, and evaluating product cost, availability and performance using information obtained from a variety of sources. Comments to the proposed rule will be accepted through April 12, 2010.
For more information on the program, please contact Dave Laidig at (612) 236-0160 or
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. Information on the program, such as how to register products, can also be located at http://www.biopreferred.gov.
Click here for upcoming government contracting events.
The law firm of Eckland & Blando LLP was founded to serve the needs of corporations, partnerships and individuals based in the Upper Midwest who do business with government agencies at all levels. We are the only law firm in the region that devotes its practice to government procurement law and related forms of dispute resolution with government agencies.
Your Midwest Connection to the World of Government Contracts
1020 Lumber Exchange, 10 South Fifth Street,
Minneapolis, MN 55402
612-236-0160
EcklandBlando.com
Disclaimer
This article is intended for general information purposes only. It should not be construed as legal advice or a legal opinion on any specific facts or circumstances. An attorney-client relationship is not created by reading this article. Attorneys of Eckland & Blando LLP will be pleased to provide further information regarding the matters discussed herein. |
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VA Issues Significant Changes to Veteran Business Verification Rules
Yesterday the Department of Veteran Affairs (VA) adopted as final its interim rules on verification of veteran-owned small businesses and service-disabled veteran-owned small businesses. The final rules apply to VA determinations of federal government contractor eligibility to be entered into the VetBiz VIP database. Contractors in the VetBiz VIP database are eligible to receive preferential treatment in VA contracting programs under 38 U.S.C. § 8127, including set asides and sole-source awards.
The rules published on Monday included several important changes intended to address comments received by the VA during the rule making process. These changes include:
-- A requirement that an eligible veteran work full-time in the business seeking
verification. Full time employment is defined as "working at the business
during normal working hours, which equate to Monday through Friday,
approximately 9 a.m. to 5 p.m."
-- Guidance on resolving conflicts between VA verification as an eligible service-
disabled veteran-owned business and a contrary finding by the Small Business
Administration (SBA) under the protest process of Part 19.3 of the Federal
Acquisition Regulation. The new rule unequivocally states that a firm will be
removed from the VetBiz VIP database if the firm is found ineligible as a result
of a protest to the SBA.
-- A one-year limitation on eligibility for listing in the VetBiz VIP database,
effectively requiring businesses to reapply for verification annually, just as a
contractor must annually certify its small business size status in the Central
Contractor Registry.
-- Treatment of shares of stock in an Employee Stock Ownership Plan ("ESOP")
as "excluded stock" in certain closely-held businesses. In such cases, the
required veteran ownership of 51% will be examined with reference solely to
non-excluded stock.
The new rules have added significance for Minnesota-based veteran-owned businesses. Under a 2009 law, Minnesota provides the same bidding preference to veteran-owned businesses that "targeted group" businesses receive in bidding on state contracts. To be eligible for the Minnesota veteran-owned business preference, a contractor must pass the VA verification process.
These rules reflect the VA's continuing concern that veteran-owned businesses be truly independent and not simply a representative or "pass through" for a non-eligible firm. Although the new rules are effective as of February 8, 2010, the VA will accept comments on the interim final rules until March 10, 2010. The final rules are available at 75 Fed. Reg. 6098.
For further information, please contact Tim Connelly at (612) 236-0160 or
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.
Click here for upcoming government contracting events.
The law firm of Eckland & Blando LLP was founded to serve the needs of corporations, partnerships and individuals based in the Upper Midwest who do business with government agencies at all levels. We are the only law firm in the region that devotes its practice to government procurement law and related forms of dispute resolution with government agencies.
Your Midwest Connection to the World of Government Contracts
1020 Lumber Exchange, 10 South Fifth Street,
Minneapolis, MN 55402
612-236-0160
EcklandBlando.com
Disclaimer
This article is intended for general information purposes only. It should not be construed as legal advice or a legal opinion on any specific facts or circumstances. An attorney-client relationship is not created by reading this article. Attorneys of Eckland & Blando LLP will be pleased to provide further information regarding the matters discussed herein. |
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Significant Increases to FAR Dollar Thresholds Under Proposed Rule
On February 4, 2010, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued a proposed rule to amend the Federal Acquisition Regulation (FAR). 75 Fed. Reg. 5716 (Feb. 4, 2010). The amendment would implement Section 807 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, which mandates five-year adjustments for inflation to acquisition-related thresholds based on the Consumer Price Index ("CPI"). The proposed rule covers both increases to statutory thresholds and increases to other dollar thresholds that appear only in the FAR. However, thresholds related to the Davis-Bacon Act, Service Contract Act, and trade agreements are excepted from the increases.
Thresholds that would be increased by the proposed rule include:
? Increasing the Simplified Acquisition Threshold from $100,000 to $150,000
(FAR 2.201);
? Increasing the Cost and Pricing data threshold from $650,000 to $700,000
(FAR 15.403-4); and
? Increasing the prime contractor Subcontracting Plan floor from $550,000 to
$650,000, and the Construction Threshold from $1,000,000 to $1,500,000
(FAR 19.702).
Notably, the micro-purchase threshold of $3,000 (FAR 2.101) would not be changed. The proposed increases are based on a projected CPI of 222 as of April 2010. If the CPI turns out to be higher, additional adjustments will be made to the increases set forth in the current version of the proposed rule.
To see a complete list of the affected thresholds, visit www.regulations.gov and search for "FAR Case 2008-024." Comments regarding the proposed amendment may be submitted through www.regulations.gov. The deadline for submitting comments is April 5, 2010. For further information regarding the proposed rule, please contact Mark Blando at (612) 236-0160 or
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.
Click here for upcoming government contracting events.
The law firm of Eckland & Blando LLP was founded to serve the needs of corporations, partnerships and individuals based in the Upper Midwest who do business with government agencies at all levels. We are the only law firm in the region that devotes its practice to government procurement law and related forms of dispute resolution with government agencies.
Your Midwest Connection to the World of Government Contracts
1020 Lumber Exchange, 10 South Fifth Street,
Minneapolis, MN 55402
612-236-0160
EcklandBlando.com
Disclaimer
This article is intended for general information purposes only. It should not be construed as legal advice or a legal opinion on any specific facts or circumstances. An attorney-client relationship is not created by reading this article. Attorneys of Eckland & Blando LLP will be pleased to provide further information regarding the matters discussed herein. |
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2009 GAO Bid Protest Statistics Show Decrease in Sustain Rates But Dramatic Increase in ADR Success Rates
The Government Accountability Office ("GAO") recently released its bid protest statistics for calendar year 2009. According to the data, there was a 20.4% increase in protests in 2009 (1989 cases filed) when compared to data from 2008 (1652 cases filed), and a 41% increase over 2007 (1411 cases filed). The percentage of decisions on the merits (those cases that are not dismissed for lack of jurisdiction, failure to follow the GAO's exacting timelines or because the contracting agency grants the relief sought by the contractor) on protests increased by only 8% from 2008. Overall, while 20.4% more protests were filed in 2009 than in 2008, the percentage of GAO protests sustained dropped from 21% to 18% over this same period. Likewise, the percentage of protests filed in which the agency issued a decision on the merits dropped from 17.6% in 2008 to 15.8% in 2009. From this data, it appears that contractors may be filing more protests to protect potential business opportunities in lean times. At the same time, fewer protests are being decided on their merits, and, of those for which the GAO does issue a decision, the success rate of protestors decreased slightly over the last year - although both numbers are within historical trends for the past several years.
Most remarkably, the percentage of protests resolved through alternative dispute resolution ("ADR") increased by 91%. While each protest is unique, the data provided by the GAO indicates that the number of protests has continued to rise and that federal agencies are increasingly employing ADR to resolve protests. Although the number of cases resolved through ADR increased 91%, these cases still make up a minority of the protests filed with GAO. In 2009, 1989 protests were filed with the GAO. The report shows that 149 of those protests utilized ADR, roughly 7.5% of all protests. On the other hand, 315 cases went to a decision on the merits, or about 16%. Significantly, unsuccessful offerors seemed to be much more successful in ADR than before the GAO. Protestors achieved at least some form of relief in 93% of the cases resolved by ADR whereas only 18% of protests on which the agency reached a decision on the merits were sustained.
As the economy continues to recover, the number of protests filed in 2010 may well continue to rise. The bid protest process - already a uniquely cost-effective way to challenge the award of a federal government contract - can be a contractor's best chance at ensuring a fair chance to bid on business opportunities with the federal government. The increased successful use of ADR is a positive development for all disappointed bidders. The information in the GAO Report is an important part of the equation to apply when deciding whether or not to protest the award of a government contract.
The complete data on 2009 protests as published by the GAO is available online at www.wifcon.com/protestsgaostat.htm. For more information please contact Jeff Eckland at
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or (612) 236-0160.
Click here for upcoming government contracting events.
The law firm of Eckland & Blando LLP was founded to serve the needs of corporations, partnerships and individuals based in the Upper Midwest who do business with government agencies at all levels. We are the only law firm in the region that devotes its practice to government procurement law and related forms of dispute resolution with government agencies.
Your Midwest Connection to the World of Government Contracts
1020 Lumber Exchange, 10 South Fifth Street,
Minneapolis, MN 55402
612-236-0160
EcklandBlando.com
Disclaimer
This article is intended for general information purposes only. It should not be construed as legal advice or a legal opinion on any specific facts or circumstances. An attorney-client relationship is not created by reading this article. Attorneys of Eckland & Blando LLP will be pleased to provide further information regarding the matters discussed herein. |
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DOD Approves New Procurement Thresholds for Trade Agreements
The value of a federal government contract determines the applicability of various trade agreements. When the value of a contract exceeds the threshold established for a particular agreement, contractors may choose to provide products from countries who are a party to that agreement. Yesterday, the DoD approved an increase in the procurement thresholds for trade agreements applicable to federal contracts. These changes were published in the Federal Register by the United States Trade Representative and took effect on January 1, 2010 (see 74 Fed. Reg. 68907 (Dec. 29, 2009)). Yesterday's action implements the new thresholds throughout the Department of Defense.
The new thresholds replace those found at Federal Acquisition Regulation (FAR) 25.402(b) for Department of Defense contracts. Contracting officers are instructed to use the new thresholds instead of the current FAR 25.402(b) wherever they appear in the FAR or the Defense Federal Acquisition Regulation Supplement (DFARS). The superseding table is available at: http://www.acq.osd.mil/dpap/policy/policyvault/USA000154-10-DPAP.pdf.
It is important for contractors to recognize how the value of a contract affects what contract clauses and laws may apply to the contract. If you have any questions regarding how this change will affect your business, please contact Tim Connelly at
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.
Click here for upcoming government contracting events.
The law firm of Eckland & Blando LLP was founded to serve the needs of corporations, partnerships and individuals based in the Upper Midwest who do business with government agencies at all levels. We are the only law firm in the region that devotes its practice to government procurement law and related forms of dispute resolution with government agencies.
Your Midwest Connection to the World of Government Contracts
1020 Lumber Exchange, 10 South Fifth Street,
Minneapolis, MN 55402
612-236-0160
EcklandBlando.com
Disclaimer
This article is intended for general information purposes only. It should not be construed as legal advice or a legal opinion on any specific facts or circumstances. An attorney-client relationship is not created by reading this article. Attorneys of Eckland & Blando LLP will be pleased to provide further information regarding the matters discussed herein. |
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DOD Enters Into New, Revised 8(a) Partnership Agreement with SBA
On December 29, 2009, the Department of Defense (DoD) announced a new 8(a) Partnership Agreement ("Agreement") with the Small Business Administration (SBA), altering the award process used in previous partnership agreements. Under the terms of the new Agreement, the SBA will no longer review the 8(a) eligibility of all offerors that are within the competitive range. Instead, the SBA will review eligibility of offerors sequentially, beginning with the likely successful offeror, as determined by DoD. This new Agreement is valid through September 30, 2012.
Pursuant to the Agreement, the DoD contracting officer is first directed to rank the offerors in the competitive range, prior to requesting approval from the SBA as to the offeror's 8(a) eligibility. Once the offerors are ranked, the contracting officer must request an 8(a) eligibility determination of the most likely successful offeror. If the SBA determines that the proposed offeror does not meet the 8(a) program participant requirements, the Agreement states that the SBA is to review the second offeror for eligibility. If this offeror also fails to meet the SBA's eligibility standards, the SBA is directed to review the third offeror for eligibility, and so on. Importantly, the DoD contracting officer may award a contract to an 8(a) program participant only if the officer has received the SBA's approval of the eligibility of the proposed offeror.
The procedural changes introduced in the new Agreement are intended to eliminate unnecessary administrative reviews in the award process. Despite these changes, the Agreement retains many elements of the previous procedures. For example, DoD contracting officers are still permitted to award contracts directly to 8(a) participants. Also, as in the previous partnership agreements, the SBA will remain the prime contractor on all 8(a) awards, modifications, options and purchase orders.
A copy of the new 8(a) Partnership Agreement between the DoD and SBA is available on-line at http://www.acq.osd.mil/dpap/policy/policyvault/USA007271-09-DPAP.pdf. Please contact Tim Connelly at (612) 236-0165 or
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for more information.
Click here for upcoming government contracting events.
The law firm of Eckland & Blando LLP was founded to serve the needs of corporations, partnerships and individuals based in the Upper Midwest who do business with government agencies at all levels. We are the only law firm in the region that devotes its practice to government procurement law and related forms of dispute resolution with government agencies.
Your Midwest Connection to the World of Government Contracts
1020 Lumber Exchange, 10 South Fifth Street,
Minneapolis, MN 55402
612-236-0160
EcklandBlando.com
Disclaimer
This article is intended for general information purposes only. It should not be construed as legal advice or a legal opinion on any specific facts or circumstances. An attorney-client relationship is not created by reading this article. Attorneys of Eckland & Blando LLP will be pleased to provide further information regarding the matters discussed herein. |
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GAO Sustains Bid Protest of $3 Billion Contract to Oshkosh Corp.
The Government Accountability Office ("GAO") announced today that it has sustained the bid protest submitted by Navistar Defense, LLC ("Navistar") and BAE Systems, Tactical Vehicle Systems LP ("BAE") against the Army's award of a contract to Oshkosh Corporation ("Oshkosh"). (Bid Protest B-401865.) The contract to provide up to 23,000 vehicles and trailers to the U.S. Army is valued at $3 billion. Navistar and BAE protested the award on multiple grounds. While denying some of Navistar's and BAE's challenges to the award, the GAO sustained those challenges to the Army's evaluation of (1) Oshkosh's proposal under the capability evaluation factor, and (2) Navistar's past performance, as flawed.
In its decision, the GAO recommends that the Army take the following actions:
(1) reevaluate the proposals under the capability evaluation factor; (2) conduct a new evaluation of Navistar's past performance; and (3) make a new selection decision. If, after complying with the directive that the Army make a new selection decision, Oshkosh is not the awardee, the GAO directs the Army to terminate Oshkosh's contract for convenience. Additionally, the GAO awarded Navistar and BAE their costs incurred in filing and pursuing the successful challenges, including reimbursement of the attorney's fees related to those challenges.
The GAO's decision, issued under a protective order due to proprietary and source-sensitive material contained within the decision, is not yet available to the public. Look for another E&B Alert regarding this bid protest when the protest decision becomes available. For more information, visit: http://www.gao.gov/press/navistar_2009dec14.html or contact Mark Blando at (612) 236-0160 or
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.
Click here for upcoming government contracting events.
The law firm of Eckland & Blando LLP was founded to serve the needs of corporations, partnerships and individuals based in the Upper Midwest who do business with government agencies at all levels. We are the only law firm in the region that devotes its practice to government procurement law and related forms of dispute resolution with government agencies.
Your Midwest Connection to the World of Government Contracts
1020 Lumber Exchange, 10 South Fifth Street,
Minneapolis, MN 55402
612-236-0160
EcklandBlando.com
Disclaimer
This article is intended for general information purposes only. It should not be construed as legal advice or a legal opinion on any specific facts or circumstances. An attorney-client relationship is not created by reading this article. Attorneys of Eckland & Blando LLP will be pleased to provide further information regarding the matters discussed herein. |
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