Mark J. Blando

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Biography

Mark Blando has dedicated his career to pursuing all forms of litigation against government entities. He had the unique opportunity to act as counsel in both of the key U.S. Supreme Court cases involving attempts by the Federal government to avoid its contractual obligations through legislation, having represented subsidized housing owners in Franconia Associates v. United States, 536 U.S. 129 (2002), both before the Supreme Court and at trial, and thrift institutions in United States v. Winstar Corp., 518 U.S. 839 (1996). The Franconia case alone has yielded recoveries of nearly $800 million for Mark’s clients.

Mark also has litigated a wide variety of traditional government contract cases at the federal and state level, including False Claims Act litigation, bid protests, performance disputes, and termination actions. He also advises contractors and subcontractors on a wide range of transactional matters, including Federal Supply Schedules, asset purchases, intellectual property issues, and internal compliance investigations. Mark also has pursued numerous other types of government claims, including Fifth Amendment takings claims, Federal Tort Claims Act cases, and actions under the Administrative Procedures Act. He also has substantial trial experience in a number of other areas, including construction, subsidized housing, real estate, insurance defense, and general commercial litigation.

Mark graduated from Boston College, magna cum laude, in 1992, and from the George Washington University Law School, with honors, in 1995, where he served as Managing Editor of the Environmental Lawyer. He has been admitted to practice in Minnesota, Washington, D.C., Maryland, the United States Court of Federal Claims, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Supreme Court. He is a member of the American Bar Association, Public Contracts Law Section, and the National Contract Management Association, where he served as the President and National Director of the Twin Cities Chapter. Mark writes and lectures frequently on a variety of government contract topics.

Practice Areas

Bar Admissions

Maryland, 1995
District of Columbia, 1997
U.S. Court of Appeals for the Federal Circuit, 1999
U.S. Court of Federal Claims, 1999
Minnesota, 2000
U.S. District Court for the District of Minnesota, 2000
U.S. Supreme Court, 2002

Education

George Washington University Law School, Washington, District of Columbia
- J.D. – 1995
- Honors: With Honors
Boston College
- B.A. – 1992
- Honors: magna cum laude
- Major: English

Publications

Guide to State Procurement: A 50-State Primer on Purchasing Law, Processes and Procedures, ABA Section of Public Contract Law (contributing author), 3^rd ed., 2022
Legal Focus: Government Contracts, Lawyer Monthly, 2016
Guide to State Procurement: A 50-State Primer on Purchasing Law, Processes and Procedures, ABA Section of Public Contract Law (contributing author), 2^nd ed., 2011
Government Contractors & Environmental Liability, ABA Section of Environment, Energy & Resources, 2002
E-Sign’s growing Impact on Government Procurement, Contract Management Magazine, 2001
Attention Contractors: You Will Be Graded, Faegre & Benson, 2001
Direct and Cross-Examination of Scheduling Experts, in Judging the Scheduling Experts, ABA Public Contract Law Section, Construction Claims Committee Conference, 1998
International Arbitration in Bermuda, ABA Litigation Section, Insurance Coverage Committee, 1999
Note, Land Exchanges Under the Federal Land Exchange Facilitation Act, 1 The Environmental Lawyer 327, 1994

Cases

U.S. Supreme Court

Franconia Assoc. v. United States, 536 U.S. 129 (2002).

Appellate Courts

Callaway Manor Apts. v. United States, 940 F.3d 650 (Fed. Cir. 2019).
Airport Rd. Assoc. v. United States, 866 F.3d 1346 (Fed. Cir. 2017).
Chancellor Manor v. United States, 331 F.3d 891 (Fed. Cir. 2003).
Kvaerner ASA v. Bank of Tokyo-Mitsubishi, 210 F.3d 262 (4th Cir. 2000).
Eastover Ridge, L.L.C. v. Metric Constructors, Inc., 533 S.E.2d 827 (N.C. App. 2000).

Trial Courts

BAE Sys. Land & Armaments, L.P. v. Ibis Tek, LLC, 192 F. Supp. 3d 978 (D. Minn. 2016).
Ramona Inv. Grp. v. United States, 115 Fed. Cl. 704 (2014).
Carpenter v. United States, 69 Fed. Cl. 718 (2006).
Grass Valley Terrace v. United States, 69 Fed. Cl. 341 (2005).
Chancellor Manor v. United States, 67 Fed. Cl. 434 (2005).
Franconia Assoc. v. United States, 61 Fed. Cl. 718 (2004).
Allegre Villa v. United States, 60 Fed. Cl. 11 (2004).
Grass Valley Terrace v. United States, 51 Fed. Cl. 436 (2002).
Cooley v. United States, 46 Fed. Cl. 538 (2002).
Adams v. United States, 44 Fed. Cl. 772 (1999).

Unpublished

Covanta Hennepin Energy Res. Co. v. County of Hennepin, No. 16-3086, 2016 WL 7155737 (D. Minn. 2016).
Epiphany Studio Productions d/b/a Open Window Theatre v. Metropolis Minneapolis, LLC, No. 27-CV-16-14865 (Henn. Cnty. Dist. Ct. 2016).
Ramona Inv. Grp. II v. United States, No. 12-652C, 2014 WL 7129717, (Fed. Cl. Dec. 15, 2014).
Minneapolis Public Housing Authority v. United States of America, No. 14-170C (Fed. Cl. 2014).
Computerized Assessments & Learning, LLC v. Data Recognition Corp., No. 27-CV-11-24418, 2013 WL 4658376 (D. Minn. 2013).

Presentations

State and Local Bid Protests for Federal Practitioners, ABA Public Procurement Symposium (panel moderator), Austin, TX, 2022
Suing the Sovereign: Claims and Disputes in Public Procurement, Minnesota CLE, 2022
Claims, Disputes, and Protests in Federal Government Contracts, Association of Procurement Technical Assistance Centers, Washington, DC, 2021
Know Your “R & R”: Responsiveness and Responsibility in Government Contracts, Minnesota SADBOC Fair, 2021
Commercial Item Contracting: A Simpler Way To Do Business
with the Government?, Minnesota PTAC, 2020
Suing Uncle Sam: How to Win a Contract Claim Against the Government, Minnesota SADBOC Fair, 2020
Fundamentals of Government Contract Law, Minnesota SADBOC Fair, 2019
Commercial Item Contracting, Minnesota PTAC, 2019
The False Claims Act: Past, Present and Future, University of Minnesota National Seminar on Government Contracts, Minneapolis, MN, 2018
The False Claims Act, Association of Procurement Technical Assistance Centers, Jacksonville, FL, 2018
Government Contract Law 101, Association of Procurement Technical Assistance Centers, San Diego, CA, 2017
Past Performance in Government Contracting, NCMA World Congress, Orlando, FL, 2016
Suing Uncle Sam, National Property Management Association, Minneapolis, MN, 2016
Past Performance Information, Association of Procurement Technical Assistance Centers, St. Louis, MO, 2016
Government Contract Law 101, Minnesota SADBOC Fair, 2015, 2016, & 2017
Commercial Item Acquisitions: 20 Years After FASA, NCMA World Congress, Dallas, TX, 2015
Claims and Disputes in Government Contracts, Association of Procurement Technical Assistance Centers, San Francisco, CA, 2014
Lost Prepayment Rights: A Litigation and Settlement History, Wisconsin Council for Affordable Rural Housing, Madison, WI, 2012
Claims, Disputes and Protests in Government Contracts, Minnesota CLE, Minneapolis, MN, 2011 & 2012
Minnesota Procurement Technical Assistance Counsel, Advanced Contracting Series (various presentations), 2009 – 2012
The False Claims Act: Past, Present and Future, University of Minnesota National Seminar on Government Contracts, Minneapolis, MN, 2018
Government Contract Law 101, Association of Procurement Technical Assistance Centers, San Diego, CA, 2017
Past Performance in Government Contracting, NCMA World Congress, Orlando, FL, 2016
Suing Uncle Sam, National Property Management Association, Minneapolis, MN, 2016
Commercial Item Acquisitions, 20 Years After FASA, NCMA World Congress, Dallas, TX, 2015
SADBOC Annual Government Procurement Fair (various presentations), 2014 – present
Lost Prepayment Rights: A Litigation and Settlement History, Wisconsin Council for Affordable Rural Housing, Madison, WI, 2012
Claims, Disputes and Protests in Government Contracts, Minnesota CLE, Minneapolis, MN, 2011 & 2012
Minnesota Procurement Technical Assistance Counsel, Advanced Contracting Series (various presentations), 2009 – present
NCMA Greater Iowa Spring Seminar (various topics), Cedar Rapids, IA, 2010
Public Contracts and Procurement Regulations: Keeping Pace in the Federal Marketplace, Lormen Education, Bloomington, MN, 2008
Litigation Against the Federal Government in the Court of Federal Claims, California Council for Affordable Housing, Lake Tahoe, CA, 2006
Litigating a Regulatory Taking Claim: A Practitioner’s View, ALI-ABA, Boston, MA, 2005
Prepayment Litigation: A Progress Report, National Leased Housing Association, Miami, FL, 2005
E-Procurement: Electronic Contracting with the Federal Government, University of Minnesota, National Seminar on Government Contracts, St. Paul, MN, 2003
Public Contracting in the Information Age, National Institute of Governmental Purchasing, Bloomington, MN, 2002
Doing Business with the Federal Government, Faegre & Benson Construction Seminar, Minneapolis, MN, 2002
Hot Topics in Government Contract Law, National Contract Management Association, Minneapolis, MN, 2001
Past Performance: Past, Present and Future, University of Minnesota, National Seminar on Government Contracts, St. Paul, MN, 2000
Government Contracts, Minnesota Project Innovation, Minneapolis, MN, 2000
Commercial Pricing: Doing Business with the Federal Government, National Contract Management Association, Denver, CO, 2000
Minnesota Construction Law: Payment and Performance Bonds, Lorman Education Services, Minneapolis, MN, 1999

Associations & Memberships

American Bar Association, Sections of Public Contract Law and Administrative Law
Association of the United States Army
Hennepin County Bar Association, Representative to MSBA Assembly
National Contract Management Association, Twin Cities Chapter
- National Director, 2003 to 2004
- Chapter President, 2002 to 2003
- V.P., Education, 2001 to 2002
- V.P., Education, 2006 to 2007
- Board Member, 2001 to 2007
- Member, 1999 to Present
National Defense Industrial Association

Past Employment

Faegre & Benson LLP, Minneapolis, MN, 1999 to 2004
Spriggs & Hollingsworth, Washington, D.C., 1995 to 1999
U.S. District Court, District of Columbia, 1994
District of Columbia Court of Appeals, 1994
Harvard Mediation program, 1991