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...
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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...
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...
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...
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...
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...
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....
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...
GAO Orders Reimbursement of Contractors’ Costs and Fees in Meritorious Bid Protests
This week the Government Accountability Office (GAO) issued two decisions dealing with a disappointed bidder's right to recover its costs - including attorneys' fees - when it prevails in a bid protest action. Under the GAO's Bid Protest Regulations at 4 C.F.R. §...
New Rules of the Armed Services Board of Contract Appeals (ASBCA) Expand the Availability of Simplified and Expedited Claims Resolution Procedures
Earlier this week, the Department of Defense (DOD) issued a final rule updating the Rules of the Armed Services Board of Contract Appeals (ASBCA).The final rule updates the ASBCA Rules to conform to changes in the Contract Disputes Act (CDA), the statute that permits...