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Searching Content indexed under Government, Public Sector by Luke Levasseur 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
2
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
3
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
5
United States
6 Jan 2016
6
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
7
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
8
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
9
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
10
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
11
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
12
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
13
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
14
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
15
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
16
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
17
D.C. Circuit Affirms Significant FCA Victory for Government Contractor that Relies on a Supplier’s Country of Origin Certification
Late last week, the D.C. Circuit affirmed the district court’s dismissal on summary judgment of a relator’s FCA claims in U.S. ex rel. Folliard v. Government Acquisitions, Inc. & Govplace. Although the court provided an extensive discussion of several evidentiary rulings that led to the dismissal of much of the case, its ruling with respect to the Trade Agreements Act (TAA) certifications received from suppliers is significant to contractors.
United States
3 Sep 2014
18
D.C. Circuit Affirms Significant FCA Victory for Government Contractor that Relies on a Supplier’s Country of Origin Certification
Late last week, the D.C. Circuit affirmed the district court’s dismissal on summary judgment of a relator’s FCA claims in U.S. ex rel. Folliard v. Government Acquisitions, Inc. & Govplace. Although the court provided an extensive discussion of several evidentiary rulings that led to the dismissal of much of the case, its ruling with respect to the Trade Agreements Act (TAA) certifications received from suppliers is significant to contractors.
United States
3 Sep 2014
19
What is Required for Discussions to Be Meaningful?
This is the second post in a series of posts focused on protest allegations related to discussions with offerors.
United States
1 Sep 2014
20
Seventh Circuit Pares Back Potential "Worthless Services" FCA Claims
Nursing home care and costs—and their connection to Medicare—are issues that sporadically receive media attention and, last weekend, were the subjects of a large expose and op-ed in the NY Times.
United States
28 Aug 2014
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