Department of Labor Announces new Rule Increasing Overtime Payment Obligations

On May 18, 2016, the Department of Labor announced a rule change that will allow over four million of employees to potentially qualify for increased pay for overtime hours. The new rule, called the Final Rule, will take effect on December 1, 2016. The Fair Labor Standards Act (“FLSA”) requires paid overtime for all employees […]

ASBCA Rules Undergo First Major Re-Write in Decades

The Department of Defense (“DOD”) issued a final rule on Monday, July 21, 2014, amending the Defense Federal Acquisition Regulation Supplement (“DFARS”) to update the Rules of the Armed Services Board of Contract Appeals (“ASBCA”). The ASBCA is an administrative tribunal responsible for hearing certain disputes between government contractors and the United States regarding DOD […]

New Equal Pay Certificates Required for Contracting with Minnesota Agencies

Effective August 1, 2014, businesses will be required to obtain an Equal Pay Certificate before contracting with a department or agency of Minnesota, the Metropolitan Counsel, or most other metropolitan agencies. The law will apply to businesses that execute contracts in excess of $500,000 and have 40 or more full-time employees in Minnesota or in […]

When “Meaningful Discussions” Aren’t Meaningful: Eckland & Blando LLP Overturns $29.8 Million Contract Award

Once a solicitation has been issued, exchanges between the Government and offerors are subject to strict requirements under the Federal Acquisition Regulation (FAR). Among other restrictions, Government personnel involved in the acquisition are prohibited from favoring one offeror over another, revealing technical solutions proposed, or disclosing an offeror’s proposed price information without permission.[1] In certain […]

Past Performance Evaluation and Reporting Criteria Standardized Under New FAR Rule

Earlier this month, the Federal Acquisition Regulation (FAR) Council issued a long-awaited final rule amending the FAR to adopt government-wide standards for the collection and recording of Past Performance Information (PPI). See Documenting Contractor Performance, 78 Fed. Reg. 46783 (Aug. 1, 2013). Initiated in response to recommendations from the Government Accountability Office (GAO) and the […]

Government’s Right to Disclose Proprietary Information under “Limited Rights” License Expanded under New DFARS Amendment

On May 21, 2013 the Department of Defense adopted a final amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) implementing § 821 of the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 11-84). Under § 2320, the Government is granted a “limited rights” license that prohibits it from distributing proprietary technical data […]

Proposed Rule Would Impose Substantial Reporting Requirements on Service Contractors

On March 14, 2013, the FAR Council issued a notice soliciting public comments on a proposed rule that would impose new reporting requirements on most service contractors holding prime contracts with the federal government. While the rule was initially proposed in 2011, it is now being submitted for review and approval by the Office of […]

Great Lakes Dredging: Congressional Neglect Leads to Shipping Industry Crisis

For decades, Congress has refused to allocate the necessary funding to maintain the Great Lakes shipping ports. “Years of inadequate funding for dredging have left an estimated 17-plus million cubic yards of sediment clogging the Great Lakes Navigation System. That total is expected to grow to 21 million cubic yards by 2015.”Dredging, overseen by the […]

Supreme Court Affirms the Government’s Contractual Obligations to Tribes under the ISDA

On June 18, 2012, the U.S. Supreme Court enforced the rights of numerous Indian Tribes under their contracts with the government, finding that the government’s obligations under those contracts should be put on equal footing with any other government contract. InSalazar v. Ramah Navajo Chapter, a 5-4 ruling authored by Justice Sotomayor, the high court […]

Supreme Court Issues Opinion Regarding Government Contracts and State Secrets

This week, the Supreme Court handed down its highly-anticipated decision in the decades-old “A-12” case. See General Dynamics Corp. v. United States, 2011 WL 1936073 (May 23, 2011). In a unanimous decision written by Justice Scalia, the Court held that where a government contractor establishes a prima facie superior knowledge defense to a contract termination […]