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1
The RAND Bid Protest Study Performed Pursuant To The 2017 NDAA Fails To Support The Pentagon's Desired Restrictions On Contractors' Ability To Challenge Agency Procurement Decisions
Large contractors are not clogging up the Government's procurement system by filing a disproportionately large numbers of bid protests.
United States
9 Jan 2018
2
Fifth Circuit "Materiality" Ruling Recognizes FCA Limitations On Relators' Ability To Second Guess Agency Decisions
On September 29, 2016, a Fifth Circuit panel unanimously reversed one of the most astonishing FCA awards in recent years.
United States
5 Jan 2018
3
Fifth Circuit "Materiality" Ruling Recognizes FCA Limitations On Relators' Ability To Second Guess Agency Decisions
Should whistleblowers be permitted to recover hundreds of millions of dollars when the Government steadfastly insists that the factual underpinnings of a False Claims Act relator's allegations are flatly incorrect?
United States
4 Oct 2017
4
What And How Obamacare Is Doing At The Court Of Federal Claims
Millions of Americans who were able to obtain health insurance as a result of the Patient Protection and Affordable Care Act are waiting to learn the extent to which Congress...
United States
16 Feb 2017
5
Supreme Court Rejects The Government's Expansive Interpretation Of "Official Act" For Honest Services Fraud And Bribery Allegations
The former governor was convicted of violating several federal laws, including committing "honest services fraud."
United States
1 Jul 2016
6
US Supreme Court Rejects Government's Expansive Interpretation Of "Official Act" For Honest Services Fraud And Bribery Allegations
The Court vacated the conviction of the former governor of Virginia, Bob McDonnell, because it was based on an improperly expansive interpretation of "official act" as used in the federal bribery statute.
United States
30 Jun 2016
7
Supreme Court Upholds Implied Certification Theory of Falsity for FCA Claims
Today, in Universal Health Services v United States ex rel. Escobar, the Supreme Court resolved a circuit split on a question of great importance for government contractors: ..
United States
16 Jun 2016
9
United States
6 Jan 2016
10
New Interim Cyber Rules Expand Obligations Of DoD Contractors
A few days ago, on August 26, DoD issued new interim rules amending the Defense Federal Acquisition Regulations (DFARS) with respect to "network penetration reporting and contracting for cloud services."
United States
1 Sep 2015
11
KBR Wins Second Mandamus Challenge to DC District Court Rulings on Attorney Client Privilege, Denying a False Claims Act Relator the Contractor's Internal Investigation Materials
Government contractors face ever-increasing pressure to develop robust compliance programs that, among other things, detect potential violations of laws and regulations—which they are then obliged to report to the agency inspector general and the contracting officer.
United States
17 Aug 2015
12
Tricks Of The Protest Trade: A Required "Explanation" Does Not Toll GAO's Limitations Period - As A Mandatory "Debriefing" Does
Yet another unwary government contractor has been turned away by GAO because it failed to file its protest on time.
United States
5 Jun 2015
13
Tricks of the Protest Trade: A Required "Explanation" Does Not Toll GAO's Limitations Period—As a Mandatory "Debriefing" Does
Yet another unwary government contractor has been turned away by GAO because it failed to file its protest on time. Unsuccessful offerors that contest evaluation issues (rather than solicitation defects) have 10 days to file protests at GAO. That generally applicable 10-day deadline is tolled when a "debriefing" is required in FAR Part 15 (and certain Part 16) procurements.
United States
3 Jun 2015
14
In an Important Victory for Government Contractors, the Supreme Court Holds that WSLA Does Not Toll the FCA's Statute of Limitations
Government contractors and health care companies have become increasingly concerned about the application of the Wartime Suspension of Limitations Act ("WSLA"), 18 U.S.C. § 3287, and the Department of Justice's ("DOJ") and False Claims Act ("FCA") relators' arguments ..
United States
27 May 2015
15
The Federal Circuit Addresses Interesting Damages Issues in Its Second SUFI Network Opinion
Last Friday, the Federal Circuit issued another decision in the relatively long-running saga of the SUFI Network Services, Inc. v. U.S. litigation, which relates to a telephone network installed by SUFI Network for guests in Air Force lodging facilities in Germany.
United States
28 Apr 2015
16
Questionable Criticism Of A Government Contractor—And Unfounded Calls For Severe Punishment
Last week, several press outlets, a well-regarded legal blog (albeit one that does not generally focus on Government contracts law/policy), and at least one politician criticized the IRS for the award of a relatively small IT services contract to a company called CGI Federal.
United States
28 Jan 2015
17
FAR Council Issues Interim Rule Regarding the Prohibition on Certain Corporate Inversions
Yesterday, the FAR Council issued an interim regulation addressing inverted corporations involved in government contracting.
United States
16 Dec 2014
18
Recent Annual Reports On FCA And Bid Protest Activity
Although this blog focuses on numerous issues of interest to the Government contracts community, two types of disputes that get significant attention here are False Claims Act lawsuits and bid protests.
United States
15 Dec 2014
19
The Fine $10M Jurisdictional Line for Task Order Protests at GAO
On Friday, GAO issued a short decision in Goldbelt Glacier Health Services, LLC that merits a brief post. As readers of this blog likely know, FASA, as amended by the 2012 NDAA, authorizes bid protests exclusively at GAO for a task "order valued in excess of $10,000,000."
United States
29 Sep 2014
20
The Eighth Circuit’s Decision In Planned Parenthood And The Extent Of The Circuit Split Regarding The Rule 9(B) Heightened Pleading Requirement In FCA Cases
The FCA relators’ and defense bars have been battling for some time about the extent of a relator’s obligation under Rule 9(b) to plead the details of her/his claim with particularity.
United States
15 Sep 2014
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