Searching Content indexed under Government, Public Sector by Marcia Madsen ordered by Published Date Descending.
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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
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
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
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
Supreme Court To Consider Implications of Seal Violation in FCA Lawsuits
On May 31, 2016, the Supreme Court granted certiorari in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513.
United States
1 Jun 2016
United States
6 Jan 2016
The Yates Memo – Will It Change the Application of the Mandatory Disclosure Rule?
The September 9, 2015 memorandum issued by Deputy Attorney General Yates makes clear that the Government intends to focus its investigative spotlight on possible False Claims Act violations by individuals, in addition to companies.
United States
14 Oct 2015
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
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
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
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
Supreme Court Denies Cert in Highly Watched FCA Case—Regulatory Violation Must Be Related to Claim for Payment
This week, the Supreme Court denied the qui tam plaintiff’s petition for certiorari in United States ex. Rel. Rostholder v. Omnicare, Inc., a False Claims Act (FCA) case from the Fourth Circuit.
United States
8 Oct 2014
SCOTUS Will Take Up First-to-File Bar And WSLA this Term
Today the Supreme Court began a new term. The Court does not often hear cases involving government contracts, but this may be a notable year for contractors at the Court.
United States
7 Oct 2014
The D.C. Circuit Grants Mandamus in Important Case Regarding Limitations on Attorney-Client Privilege in Contractors’ Internal Investigations
Today (June 27, 2014), the D.C. Circuit granted a mandamus petition in an important case, In re Kellogg Brown & Root, involving to preservation of the attorney client privilege for internal investigations in today’s heavily regulated government contracting environment.
United States
30 Jun 2014
Proposal for Expansive Government-Wide Counterfeit Items Reporting Rule Would Impose Substantial New Requirements on Contractors
A proposed rule issued June 10 would extend pervasive requirements for reporting counterfeit, suspect, and nonconforming items to all contractors, as well as their subcontractors and suppliers doing business with any U.S. Government department or agency.
United States
19 Jun 2014
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
Seventh Circuit Court Of Appeals Rejects Justice Department’s "Gross Trebling" Approach In Calculating Damages In False Claims Act Cases
The Seventh Circuit Court of Appeals’ decision in United States v. Anchor Mortgage Corp., 2013 WL 1150213 (7th Cir. Mar. 21, 2013), provides additional guidance on the appropriate measure of damages under the False Claims Act (FCA).
United States
30 Apr 2013
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
Fairness Hearing Required Prior to Dismissal of Settled FCA Case Over a Relator’s Objection
The US Court of Appeals for the District of Columbia has issued an opinion involving False Claims Act (FCA) allegations related to General Services Administration (GSA) schedule contracts.
United States
27 Apr 2012
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