News & Resources

E&B Alerts – Government Contracts

Formatting Violations in Quote Lead GAO To Overturn $348 Million Award

6.24.2016 - Posted on E&B Alerts – Government Contracts

On May 2, 2016, the GAO sustained in part the protests of DKW Communications, Inc. (DKW) against the award of three fixed-price task orders to Criteri

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ASBCA Rules Undergo First Major Re-write in Decades

7.25.2014 - Posted on E&B Alerts – Government Contracts

The Department of Defense ("DOD") issued a final rule on Monday, July 21, 2014, amending the Defense Federal Acquisition Regulation Supplement ("DFARS

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New Equal Pay Certificates Required for Contracting with Minnesota Agencies

7.25.2014 - Posted on E&B Alerts – Government Contracts

Effective August 1, 2014, businesses will be required to obtain an Equal Pay Certificate before contracting with a department or agency of Minnesota,

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

12.23.2013 - Posted on E&B Alerts – Government Contracts

Eckland & Blando LLP Overturns $29.8 Million Contract Award

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Past Performance Evaluation and Reporting Criteria Standardized Under New FAR Rule

8.20.2013 - Posted on E&B Alerts – Government Contracts

Past Performance Evaluation and Reporting Criteria Standardized Under New FAR Rule

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

5.23.2013 - Posted on E&B Alerts – Government Contracts

On May 21, 2013 the Department of Defense adopted a final amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) implementing &sec

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Proposed Rule Would Impose Substantial Reporting Requirements on Service Contractors

4.17.2013 - Posted on E&B Alerts – Government Contracts

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

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Great Lakes Dredging: Congressional Neglect Leads to Shipping Industry Crisis

10.8.2012 - Posted on E&B Alerts – Government Contracts

For decades, Congress has refused to allocate the necessary funding to maintain the Great Lakes shipping ports. "Years of inadequate funding for dredg

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

6.28.2012 - Posted on E&B Alerts – Government Contracts

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 gov

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Supreme Court Issues Opinion Regarding Government Contracts and State Secrets

5.26.2011 - Posted on E&B Alerts – Government Contracts

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,

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GAO Orders Reimbursement of Contractors' Costs and Fees in Meritorious Bid Protests

5.20.2011 - Posted on E&B Alerts – Government Contracts

This week the Government Accountability Office (GAO) issued two decisions dealing with a disappointed bidder's right to recover its costs - including

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New Rules of the Armed Services Board of Contract Appeals (ASBCA) Expand the Availability of Simplified and Expedited Claims Resolution Procedures

5.12.2011 - Posted on E&B Alerts – Government Contracts

Earlier this week, the Department of Defense (DOD) issued a final rule updating the Rules of the Armed Services Board of Contract Appeals (ASBCA).

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Interim DFARS Rule Aimed at Accelerating Payments to Small Businesses

4.28.2011 - Posted on E&B Alerts – Government Contracts

The Department of Defense ("DoD") issued on April 27, 2011 an interim rule that amends the DoD FAR Supplement ("DFARS") to accelerate payments to all

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New Proposed Organizational Conflicts of Interest ("OCI") Rules Published Today

4.26.2011 - Posted on E&B Alerts – Government Contracts

Today, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration, acting as the FAR Council, publi

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OMB Publishes Last-Minute Guidance to Federal Agencies in Anticipation of a Government Shutdown

4.8.2011 - Posted on E&B Alerts – Government Contracts

Yesterday, the Office of Management and Budget ("OMB") sent a memorandum to the heads of executive departments and agencies addressing various procedu

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The Court of Federal Claims Clarifies Standards for Evaluating the Timeliness of Electronically Submitted Proposals

4.5.2011 - Posted on E&B Alerts – Government Contracts

As the oft-quoted standard on submitting government contract bids and proposals goes, "Late is Late."  See 48 C.F.R. § 52.215-1(c)(3)(ii)(A)

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Key Interim FAR Rules Issued - Targeted at Wasteful Contracting Practices

4.1.2011 - Posted on E&B Alerts – Government Contracts

The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration ("DoD", "GSA", and "NASA") joint

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Key Revisions to Section 8(a) Program Go Into Effect Today

3.14.2011 - Posted on E&B Alerts – Government Contracts

The first comprehensive revision to the Section 8(a) Business Development Program regulations in over ten years will go into effect today, March 14, 2

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UPDATE: The Women-Owned Small Business Program Takes Effect February 4!

2.4.2011 - Posted on E&B Alerts – Government Contracts

Today, the Small Business Administration's (SBA) rule regarding the Women-Owned Small Business program (described in the E&B Alert dated October 1

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VA Finalizes Verification Rules for Veteran-Owned Small Businesses with More Practical "Ownership and Control" Standard.

1.19.2011 - Posted on E&B Alerts – Government Contracts

Today the Department of Veterans Affairs (VA) adopted final verification guidelines for Veteran-Owned Small Businesses (VOSBs) participating in contra

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New Access to Federal Subcontracting Data

12.9.2010 - Posted on E&B Alerts – Government Contracts

In the July 21, 2010 E&B Alert, we reported that the Federal Funding and Transparency Act ("the Act") had been amended to incorporate subcontract

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2010 Bid Protest Statistics Show Record Number of Protests Filed

12.3.2010 - Posted on E&B Alerts – Government Contracts

The Government Accountability Office ("GAO") recently released its bid protest statistics for fiscal year 2010.

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Minnesota State Court Dismisses Various State Law Claims on the Basis of the FAR's Continuity of Services Clause

11.29.2010 - Posted on E&B Alerts – Government Contracts

In what is believed to be a case of first impression, the law firm of Eckland & Blando LLP recently obtained the dismissal of a civil action alleg

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A Decade Later, Final Rule for Women-Owned Small Business Program Published

10.19.2010 - Posted on E&B Alerts – Government Contracts

The Small Business Administration recently published its long-awaited final rule regarding the Women-Owned Small Business (WOSB) program, also referre

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Recent GAO Decision Underscores Importance of Understanding Buy American Act

10.7.2010 - Posted on E&B Alerts – Government Contracts

The Buy American Act (BAA) requires that federal agencies purchase only domestic-manufactured end products for public use, subject to certain exceptio

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The Final Chapter: President Signs Law Creating Equal Treatment for HUBZone and Other SBA Preference Categories

9.28.2010 - Posted on E&B Alerts – Government Contracts

Yesterday, President Obama signed the Small Business Jobs Act of 2010 (H.R. 5297) which mandates equal treatment for HUBZone and other Small Business

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"Caveat Vendor": Contract Specialist Cannot Override FAR and Invitation for Bids

9.10.2010 - Posted on E&B Alerts – Government Contracts

Last week the GAO upheld the Department of Veteran's Affair's decision to reject a facsimile bid, even though the government official assigned to answ

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FAR Dollar Thresholds Will Significantly Increase Effective October 1, 2010

8.30.2010 - Posted on E&B Alerts – Government Contracts

Today, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council announced the final rule to amend key dollar thresholds

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FAR Dollar Thresholds Will Significantly Increase Effective October 1, 2010

8.30.2010 - Posted on E&B Alerts – Government Contracts

Today, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council announced the final rule to amend key dollar thresholds

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Proposed Amendment to FAR Part 4 Would Require Government-Wide Standardization of Unique Procurement Instrument Identifiers (PIID)

8.26.2010 - Posted on E&B Alerts – Government Contracts

Recently the Civilian Agency Acquisition Council (CAAC) and the Defense Acquisition Regulations Council (DARC) proposed an amendment to FAR Part 4 whi

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Court of Federal Claims Reaffirms the Small Business Act's Preference for HUBZone Business Concerns

8.17.2010 - Posted on E&B Alerts – Government Contracts

On Friday, the Court of Federal Claims reaffirmed the Small Business Act's  ("the Act") preference for HUBZone businesses over 8(a) businesses.

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Disappointed Bidder Must Challenge SDVOSBC Eligibility before the Department of Veteran's Affairs - Not the GAO

8.11.2010 - Posted on E&B Alerts – Government Contracts

The  GAO recently denied a bid protest alleging an apparent bid winner was not eligible for a contract set aside exclusively for service-disabled

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FAR Rule Amended to Require Subcontract and Executive Compensation Reporting

7.21.2010 - Posted on E&B Alerts – Government Contracts

Recently, the Federal Acquisition Regulation (FAR) § 52.204-10, "Reporting Executive Compensation and First-Tier Subcontract Awards," was amended

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Minnesota False Claims Act Goes Into Effect Today

7.1.2010 - Posted on E&B Alerts – Government Contracts

The Minnesota False Claims Act ("MFCA") takes effect today: Thursday, July 1, 2010.  The MFCA allows the state, and certain private parties suing

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Important Final Recovery Act Amendments to the FAR

6.18.2010 - Posted on E&B Alerts – Government Contracts

Today, the FAR Councils published several final rules in Federal Acquisition Circular (FAC) 2005-42 (75 Federal Register 115, Jun. 16, 2010), includin

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Department of Labor Publishes New Rule Requiring Federal Contractors and Subcontractors to Notify Employees of Rights under Federal Labor Laws

5.26.2010 - Posted on E&B Alerts – Government Contracts

On Wednesday, May 19, 2010, the U.S. Department of Labor published a final rule requiring all Federal contractors and subcontractors to notify their e

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GAO Resolves Tie Between Bidders By Drawing Lots

5.19.2010 - Posted on E&B Alerts – Government Contracts

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 off

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Obama Administration Remains Committed to Recovery Act Oversight

5.5.2010 - Posted on E&B Alerts – Government Contracts

Yesterday, the Office of Management and Budget ("OMB") issued a Memorandum containing detailed guidance for federal agencies' monitoring of ARRA recip

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Rule Requiring Bid Protests to be Filed Prior to the Close of Solicitation Reaffirmed and Expanded by Court of Federal Claims

5.3.2010 - Posted on E&B Alerts – Government Contracts

The Court of Federal Claims recently reaffirmed an important rule for contractors who challenge the award of a federal government contract based on an

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Government Proposes Policy Defining"Inherently Governmental Functions"

4.22.2010 - Posted on E&B Alerts – Government Contracts

The Office of Federal Procurement Policy (OFPP) recently issued a proposed policy letter (the "policy") to provide guidance to Executive Departme

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FAR Amended to Implement New, Enhanced Contractor Evaluation System

4.14.2010 - Posted on E&B Alerts – Government Contracts

On April 22, 2010, the Federal Acquisition Regulations ("FAR") will implement a new, enhanced system for performing contractor evaluations: the Federa

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Supreme Court Resolves Circuit Split by Limiting Qui Tam Actions under the False Claims Act - At Least for Now

4.1.2010 - Posted on E&B Alerts – Government Contracts

Information available in state or local government reports cannot form the basis of a qui tam action under the False Claims Act, the Supreme Court rul

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Department of Labor Issues Proposed Rules on Nondisplacement of Qualified Workers Under Service Contracts

3.25.2010 - Posted on E&B Alerts – Government Contracts

The Department of Labor ("DOL") recently issued proposed regulations implementing the requirements of Executive Order 13495 ("EO 13495"). 

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Court of Federal Claims Determines that HUBZone Small Businesses Have Priority over Other SBA Preference Categories

3.16.2010 - Posted on E&B Alerts – Government Contracts

The Court of Federal Claims recently weighed in on the growing conflict between the Executive Branch and the GAO involving a protest filed by Mission

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Department of Agriculture Proposes Rules for Biobased Products Preference in Federal Procurements

2.11.2010 - Posted on E&B Alerts – Government Contracts

Yesterday, the Department of Agriculture (USDA) issued proposed rules to establish a preference for its 6th round of "biobased" items in federal procu

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VA Issues Significant Changes to Veteran Business Verification Rules

2.9.2010 - Posted on E&B Alerts – Government Contracts

Yesterday the Department of Veteran Affairs (VA) adopted as final its interim rules on verification of veteran-owned small businesses and service-disa

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Significant Increases to FAR Dollar Thresholds Under Proposed Rule

2.5.2010 - Posted on E&B Alerts – Government Contracts

On February 4, 2010, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued a proposed rule to amend the Feder

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2009 GAO Bid Protest Statistics Show Decrease in Sustain Rates But Dramatic Increase in ADR Success Rates

2.1.2010 - Posted on E&B Alerts – Government Contracts

The Government Accountability Office ("GAO") recently released its bid protest statistics for calendar year 2009.

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DOD Approves New Procurement Thresholds for Trade Agreements

1.15.2010 - Posted on E&B Alerts – Government Contracts

The value of a federal government contract determines the applicability of various trade agreements.

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DOD Enters Into New, Revised 8(a) Partnership Agreement with SBA

12.31.2009 - Posted on E&B Alerts – Government Contracts

On December 29, 2009, the Department of Defense (DoD) announced a new 8(a) Partnership Agreement ("Agreement") with the Small Business Administration

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GAO Sustains Bid Protest of $3 Billion Contract to Oshkosh Corporation

12.14.2009 - Posted on E&B Alerts – Government Contracts

The Government Accountability Office ("GAO") announced today that it has sustained the bid protest submitted by Navistar Defense, LLC ("Navistar") and

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New Rule Expands Opportunities for Veteran-Owned Small Businesses

12.8.2009 - Posted on E&B Alerts – Government Contracts

Today, the Department of Veterans Affairs (VA) issued a final rule which provides increased contracting opportunities for service-disabled veteran-own

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GAO Finds Fraud and Abuse by Companies Claiming to be Service-Disabled Veteran-Owned Small Businesses

11.20.2009 - Posted on E&B Alerts – Government Contracts

Yesterday, the United States Government Accountability Office ("GAO") publicly released a report revealing that fraud and abuse have resulted in milli

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GAO on Sole Source Procurement: Agency's Failure to Plan Does Not Qualify as an Emergency

10.30.2009 - Posted on E&B Alerts – Government Contracts

The GAO provided further guidance this week on sole source contracting in Matter of RBC Bearings Inc., B-401661; B-401661.2 (October 27, 2009).

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OMB's Latest Guidance on Reforming Federal Procurement Practices

10.28.2009 - Posted on E&B Alerts – Government Contracts

On October 27, 2009, the Office of Management and Budget (OMB) issued updated guidance on its efforts to reform government procurement.

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GAO Sustains Protest Based on Misclassified Solicitation

10.1.2009 - Posted on E&B Alerts – Government Contracts

In TMI Management Systems, Inc., B-401530 (September 28, 2009), the Government Accountability Office (GAO) sustained a bid protest based upon the misc

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New GAO Report: Additional Oversight of Defense Contractor Ethics Programs Recommended

9.23.2009 - Posted on E&B Alerts – Government Contracts

The GAO released a report yesterday recommending improvements to the oversight of contractor ethics programs, entitled "Defense Contracting Integrity:

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PAST PERFORMANCE INFORMATION RETRIEVAL SYSTEM: Proposed Regulation Released September 2, 2009

9.4.2009 - Posted on E&B Alerts – Government Contracts

A proposed regulation to require additional contractor information to be stored in the Past Performance Information Retrieval System (PPIRS) was relea

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E-Verify System Rule Goes Into Effect September 8, 2009

8.31.2009 - Posted on E&B Alerts – Government Contracts

Last week, in Chamber of Commerce of the United States v. Napolitano, Civil Action No. AW-08-3444 (Aug. 26, 2009), the U.S. District Court for the Dis

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Executive Branch Review Of Recent GAO Decisions Prioritizing HUBZone Small Businesses Over Other Preference Categories Under Way

7.16.2009 - Posted on E&B Alerts – Government Contracts

The Executive Branch is reviewing a recent GAO determination, discussed in the E&B Alert of May 11th, that HUBZone has priority over other federal

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New Regulation Authorizes Federal Contract Awards Only To Those Employers Using E-Verify To Process Employee Work Authorization

7.9.2009 - Posted on E&B Alerts – Government Contracts

Effective September 8, 2009, government contracts will be awarded only to those employers who use E-Verify to check employee work authorization. 

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DoD Revising Important Commercial Item Guidance

7.1.2009 - Posted on E&B Alerts – Government Contracts

Under the Federal Acquisition Streamlining Act of 1994 ("FASA"), Congress required federal agencies to purchase commonly available products and servic

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Veteran-Owned Small Business Joint Venture Fights for Procurement

6.19.2009 - Posted on E&B Alerts – Government Contracts

This week the United States Court of Federal Claims denied a pre-award bid protest brought by Totolo/King, a Joint Venture ("Totolo") for a Department

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Veteran-Owned Small Business Joint Venture State of Minnesota Joins Growing Movement to Promote Veteran-Owned Businesses

5.19.2009 - Posted on E&B Alerts – Government Contracts

On May 16th Minnesota Governor Pawlenty signed into law HF1122, the Agriculture and Veterans Affairs Omnibus Bill.

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