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Government Contract Alerts

E&B Alerts – Government Contracts

More American than Ever: Biden Administration Proposes the Most Significant Changes to the Buy American Act in Decades

9.13.21 – Posted on E&B Alerts – Government Contracts

In what President Biden claims would be the “biggest enforcement changes to the Buy American Act in 70 years,”

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Supreme Court’s Nestle Decision Signals New Risks for Government Contractors with Foreign Operations

8.6.21 – Posted on E&B Alerts – Government Contracts

Can U.S. corporations, including government contractors, be held liable for human rights violations that occurred in their supply chain overseas?

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SBA Proposes New Size Standards for Wholesale and Retail Trade Industries

7.12.21 – Posted on E&B Alerts – Government Contracts

Qualifying as a small business under the Small Business Administration’s (“SBA”) size standards opens a wealth of opportunities for businesses seeking to contract with the federal government.

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HUBZone Program Updates Bring Needed Efficiency to the FAR

7.12.21 – Posted on E&B Alerts – Government Contracts

After the SBA updated its regulations three years ago to increase the use of HUBZone small business concerns across the country, updates are finally coming to the FAR. The Department of Defense (DoD).

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USML No More: 9th Circuit Ruling Moves 3-D Printed Weapons and Ammunition from the USML to the CCL

6.30.21 – Posted on E&B Alerts – Government Contracts

Any business involved with 3-D printed firearms, ammunition, and technical data will now have its products subject to the Commerce Control List instead of the United States Munitions List following a Ninth Circuit ruling.

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Proposed DOD Rule Would Enhance Post-Award Debriefing Rights

6.25.2021 – Posted on E&B Alerts – Government Contracts

Department of Defense contractors may soon enjoy expanded debriefing rights, greater transparency over award decisions, and much needed clarity over the timeframes

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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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