President Trump’s administration has brought, and continues to bring, sweeping changes to the government contracting landscape. From the Revolutionary FAR Overhaul to promoting commercial purchasing and use of non-traditional contracting
Continue Reading History Doesn’t Repeat Itself, But It Often Rhymes—The Administration Again Tries To Reshape Federal Contracting by Mandating Prioritization of Fixed-Price ContractsChallenging a CICA Stay Override? The Federal Circuit Confirms You Don’t Need to Prove Irreparable Harm
In Life Science Logistics, LLC v. United States,[1] the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed that a disappointed bidder challenging an agency’s override
Continue Reading Challenging a CICA Stay Override? The Federal Circuit Confirms You Don’t Need to Prove Irreparable HarmFCA 101: Materiality
This is the fourth blog in a series on the False Claims Act (FCA), 31 USC §§ 3729, et seq., which targets any person that knowingly submits false claims for
Continue Reading FCA 101: MaterialityU.S. Government Accountability Office’s Fiscal Year 2025 Bid Protest Report to Congress: Protest Filings Fell While the Overall Effectiveness Rate Stayed Above 50%
As required by the Competition in Contracting Act (CICA), the U.S. Government Accountability Office (GAO) recently published its Annual Bid Protest Report to Congress for Fiscal Year (FY) 2025.[1]
Continue Reading U.S. Government Accountability Office’s Fiscal Year 2025 Bid Protest Report to Congress: Protest Filings Fell While the Overall Effectiveness Rate Stayed Above 50%
FCA 101: Knowledge
This is the third blog in a series on the False Claims Act (FCA), 31 USC §§ 3729, et seq., which targets any person that knowingly submits false claims for
Continue Reading FCA 101: KnowledgeFCA 101: Falsity
To prove a False Claim under the False Claims Act (FCA), the government or relator must establish three elements:
- Falsity;
- Knowledge; and
- Materiality.
In this blog post, we will explore
Continue Reading FCA 101: Falsity
FCA 101: Federal Dollars Mean False Claims Act Vulnerability
This is a blog series on the False Claims Act (FCA), 31 USC §§ 3729, et seq., which targets any person that knowingly submits false claims for payment or false
Continue Reading FCA 101: Federal Dollars Mean False Claims Act VulnerabilityFCA Enforcement Remains Fixed on Healthcare and Cybersecurity
On February 22, 2024, the U.S. Department of Justice (“DOJ”) released its Fiscal Year 2023 False Claims Act (“FCA”) statistics showing recoveries of almost $2.7 billion. Last year’s recoveries exceeded
Continue Reading FCA Enforcement Remains Fixed on Healthcare and CybersecurityMarket Shortages are No Excuse for Non-Performance
A recent decision in SBA Contracting, LLC, ASBCA No. 63320 (Oct. 3, 2023) provides an important reminder for government contractors to carefully consider the volatility of market conditions before
Continue Reading Market Shortages are No Excuse for Non-PerformanceASBCA Decision Offers a Potential Avenue for Federal Contractors to Recover COVID-19 Related Costs
The Armed Services Board of Contract Appeals (ASBCA or Board) issued an opinion in Appeal of StructSure Projects, Inc., granting StructSure additional COVID-19 related costs arising under a fixed-price
Continue Reading ASBCA Decision Offers a Potential Avenue for Federal Contractors to Recover COVID-19 Related Costs