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Equal Treatment Applies Even If Minimum Discussions Threshold Met

Client Alert | less than 1 min read | 08.06.10

In AMEC Earth & Envtl., Inc. (Dec. 22, 2009), GAO sustained a protest of a contract award by the Coast Guard for construction services because the agency had engaged in unequal discussions. GAO concluded that, while FAR § 15.306 establishes that the agency must, at a minimum, address "significant weakness and deficiencies" during discussions, if the agency opts to conduct broader discussions than the minimum, it must do so in an equal fashion and may not rely on the minimum threshold in the FAR to excuse disparate treatment.

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Client Alert | 3 min read | 01.13.26

Colorado Judge Quashes DOJ Gender-Related Care Subpoena

On January 5, 2026, District of Colorado Magistrate Judge Cyrus Chung issued a recommendation that the district court grant a motion to quash a Department of Justice (DOJ) administrative subpoena that sought records about the provision of gender-related care by Children’s Hospital Colorado (Children’s) in In re: Department of Justice Administrative Subpoena No. 25-1431-030, U.S. District Court for the District of Colorado, No. 1:25-mc-00063. The court concluded that the DOJ had failed to carry its “light” burden, noting that no other courts that had considered the more than 20 similar subpoenas issued by DOJ had ruled in the DOJ’s favor.  ...