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DoD Effectively Recognizes That Issues With Its New IR&D "Technical Interchange" Rule Are More Significant Than Previously Acknowledged
Although the Memorandum addresses certain issues arising out of the IR&D Rule, it remains to be seen whether contractors will encounter different types of problems as the Rule is implemented.
United States
11 Jan 2017
Substantial New Rules Implementing "Fair Pay And Safe Workplaces" Executive Order Create Risks For Contractors And Subcontractors
On August 25, 2016, DoD, GSA, and NASA issued a final rule amending the FAR to implement President Obama's Executive Order on "Fair Pay and Safe Workplaces".
United States
9 Sep 2016
Substantial New Rules Implementing "Fair Pay And Safe Workplaces" E.O. Create Risks For Contractors And Subcontractors
On Thursday, August 25, 2016, the US government issued a final rule amending the Federal Acquisition Regulation to implement President Obama's Executive Order on "Fair Pay and Safe Workplaces."
United States
9 Sep 2016
Federal Circuit Finds ASBCA had Jurisdiction over a Government Affirmative Defense of Fraud—Which the Court Also Characterized as a Defense of Prior Material Breach— ...
The Federal Circuit recently affirmed the ASBCA's grant of summary judgment to the Government based on the Government's affirmative defense that the court described both as a defense of fraud and a defense of prior material breach.
United States
28 Jul 2016
Federal Circuit Emphasizes the Need to File a Pre-Award Protest When Faced with Patently Defective Solicitation Language
The Federal Circuit recently issued a decision in Copenhagen Arctic A/S v. United States that underscores the importance of promptly pursuing bid protests regarding patent defects in a solicitation's language—including questions and answers incorporated into the solicitation.
United States
18 Jul 2016
DoD Advisory Committee Seeks Comments On Broad Range Of Issues Concerning Rights In Technical Data
The Panel must submit its final report and recommendations to the Secretary of Defense no later than September 30, 2016.
United States
29 Jun 2016
Recent Federal Circuit Decision Clarifies When A CDA Claim For Payment Of Money Accrues
The Federal Circuit recently clarified when a CDA claim for payment of money accrues for purposes of determining whether the CDA's 6-year statute of limitations has run.
United States
22 Jun 2016
Second Circuit Adds To Case Law Addressing Whether A Relator's Release Of FCA Claims Is Enforceable
The Second Circuit recently added to case law addressing the issue of whether a relator's release of False Claims Act (FCA) claims prior to the relator's qui tam action is enforceable.
United States
10 Jun 2016
DoD's Public Meeting Concerning a Proposed Rulemaking Related to Independent Research & Development Revealed Numerous Issues and Concerns
In the February 8, 2016 Federal Register, DoD published an Advanced Notice of Proposed Rulemaking ("ANPR") indicating that DoD is considering a proposed approach requiring offerors to describe in detail the nature and value of prospective independent research & development
United States
6 Apr 2016
Two Recent Circuit Court Decisions Address the FCA's Public Disclosure Bar
The civil False Claims Act's (FCA) public disclosure bar prohibits FCA suits based on allegations that have been disclosed publicly through certain enumerated sources, unless the relator meets the FCA's definition of "original source."
United States
14 Mar 2016
US Navy Issues a Noteworthy Solicitation for "Drop-In" Biofuel Blends
The Defense Logistics Agency (DLA), in conjunction with the US Navy, has issued a solicitation for bulk fuels for DLA Energy's customers located in the Inland/East/Gulf Coast regions of the United States.
United States
18 Jun 2014
US Navy Issues Solicitation For "Drop-In" Biofuel Blends
The Inland/East/Gulf Coast is the single largest bulk fuels acquisition program, and it is valued in excess of $3.5 billion.
United States
13 Jun 2014
Recent US Department Of Defense Solicitation For Up To $7 Billion Of Renewable Or Alternative Energy Utilizing Power Purchase Agreements
Under mandates that require the US Department of Defense (DOD) to produce or procure from renewable resources at least 25 percent of its total facility energy needs by 2025, the DOD, through the US Army Engineering and Support Center, Huntsville, Alabama (CEHNC), has recently issued and posted a solicitation (RFP) for up to $7 billion of renewable or alternative energy (RAE) generation over 10 years. The RFP calls for a two-step process.
United States
14 Aug 2012
Fourth Circuit Court Of Appeals Overturns Trial Court Award Of Roughly $500,000 In Attorneys’ Fees Under The False Claims Act
The United States Court of Appeals for the Fourth Circuit’s recent decision in "United States ex rel. Ubl v. IIF Data Solutions", No. 09-2280, 2011 WL 1474783 (4th Cir. Apr. 19, 2011), overturned an award of attorneys’ fees under the False Claims Act, 31 U.S.C. §§ 3729-33 (FCA).
United States
6 May 2011
US Claims in Amended Complaint Did Not Relate Back to Actions Underlying Original False Claims Act Complaint, Post-Iqbal
On June 22, 2010, the US Court of Appeals for the DC Circuit ruled in "United States ex rel Miller v. Bill Harbert International Construction, Inc.", No. 08-5390 (D.C. Cir. June 22, 2010) ("Harbert"), that claims added in the amended complaint filed by the government at the time of its intervention in a lawsuit brought under the "qui tam" provisions of the False Claims Act (FCA) were time-barred under the FCA’s statute of limitations.
United States
2 Jul 2010
Recent Department of Energy Funding Opportunity Announcements for Clean Coal Power, Industrial CO2 Capture and Sequestration and CO2 Beneficial Use
The Department of Energy (DOE) has released three anticipated funding opportunity announcements (FOAs) since June 3, 2009, regarding (i) site characterization for CO2 geologic sequestration (the Site FOA), (ii) industrial CO2 capture and sequestration and beneficial use of CO2 (the Industrial FOA), and (iii) an amendment of an earlier FOA for Round 3 of the DOE’s Clean Coal Power Initiative (CCPI) that increases the funding available for it by approximately $800 million (the CCPI FOA).
United States
17 Jun 2009
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