Ambiguous Instructions Give Disqualified Offeror A Second Chance
Client Alert | less than 1 min read | 06.12.07
The Court of Federal Claims in Heritage of Am., LLC v. U.S. (May 31, 2007) set aside a disqualification of an offeror when the solicitation instructions were unclear about the coverage and labor rates required in the multiple regions solicited, requiring a recompetition with unambiguous instructions. In the prior, related GAO protest, GAO had refused to consider this issue because it was "untimely," but Judge George Miller in this opinion joins the solid majority of the CFC judges holding that GAO timeliness requirements are inapplicable in court protests.
Insights
Client Alert | 4 min read | 03.05.26
The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of January 2021. The proposed rule would also apply the narrower analysis to worker classifications under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The comment period closes in late April 2026; until then, the 2024 rule remains in effect for purposes of private litigation.
Client Alert | 8 min read | 03.05.26
Client Alert | 4 min read | 03.04.26
Sixth Circuit Finds EFAA Arbitration Bar to Entire Case — Not Just Sexual Harassment Claims
Client Alert | 3 min read | 03.02.26
