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Post-Award Challenge to Solicitation Defect Upheld

Client Alert | less than 1 min read | 06.15.15

In Per Aarsleff A/S v. United States (June 5, 2015), the Court of Federal Claims sustained protests against the Air Force's award of a contract to operate, maintain, and support an air base in Greenland and enjoined performance by a Danish subsidiary of an American company when the court interpreted an eligibility requirement to prohibit award to non-Danish primes. The court rejected the Air Force's argument that the rule of Blue & Gold Fleet barred offerors from raising the solicitation defect post-award, because the ambiguity was latent and the Air Force had discovered it three months prior to award but had failed to correct it. 


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Client Alert | 2 min read | 03.23.26

ACTS Survey Compliance Deadline Temporarily Extended: What Higher Education Institutions Need to Know

On March 13, a Massachusetts federal district court temporarily blocked the Trump Administration from requiring higher education institutions to respond to the Admissions and Consumer Transparency Supplement (“ACTS”) survey — a new data collection effort mandating that institutions disclose detailed admissions information regarding students’ race and sex to the federal government. In Commonwealth of Massachusetts v. Department of Education, 1:26-cv-11229 (D. Mass.), the court extended the deadline for institutions to respond to the survey from March 18th to March 25th to allow time to consider the case....