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 CybersecurityHow to Protest an Agency’s Decision Canceling a Solicitation
The general rule (FAR 14.404-1(a)) is that – once a solicitation is put out for bid – the agency must award the contract to the responsible bidder with…
Continue Reading How to Protest an Agency’s Decision Canceling a SolicitationMarket 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-PerformanceHighlights from our Fourth Annual Federal Contracts Symposium

Fox’s Fourth Annual Federal Contracts Symposium Washington, D.C.| Willard InterContinental
Thank you for those who were able to join us at our fourth annual Federal Contracts Symposium.
We invite you…
Continue Reading Highlights from our Fourth Annual Federal Contracts SymposiumUpcoming Event: Fox’s Fourth Annual Federal Contracts Symposium

October 23-24 | Washington, D.C.| Willard InterContinental
Join Fox Rothschild’s Federal Government Contracts & Procurement attorneys, BRG’s Government Contracts professionals, industry leaders and government representative for targeted sessions and networking…
Continue Reading Upcoming Event: Fox’s Fourth Annual Federal Contracts SymposiumASBCA 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 CostsFederal Arbitration Act: Supreme Court Strengthens Enforcement Protections of a Party Seeking to Compel Arbitration
The Supreme Court recently decided in Coinbase, Inc. v. Bielski, that federal district courts must stay trial proceedings pending the resolution of an interlocutory appeal of the denial[1]…
Continue Reading Federal Arbitration Act: Supreme Court Strengthens Enforcement Protections of a Party Seeking to Compel ArbitrationTrade Associations Urge the White House for a Pragmatic Regulatory Landscape Concerning the Build America, Buy America (BABA) Rules
Early this month, several electrical trade associations urged the Biden administration to implement pragmatic BABA rules. In the letter sent to the Senior Advisor and Infrastructure Coordinator at the White…
Continue Reading Trade Associations Urge the White House for a Pragmatic Regulatory Landscape Concerning the Build America, Buy America (BABA) RulesCDA Claims: Delay Damages for an Early Finish?
One of the most common concerns for federal contractors is delay.
Projects can fall behind schedule for a variety of reasons that are outside of the contractor’s control (government-directed changes…
Continue Reading CDA Claims: Delay Damages for an Early Finish?Supreme Court Rejects “Objectively Reasonable” Defense to False Claims Act
The Supreme Court’s recent decision in United States ex rel. Schutte v. SuperValu, Inc. clarified that the claimant’s knowledge and subjective beliefs, and not what an objectively reasonable person may…
Continue Reading Supreme Court Rejects “Objectively Reasonable” Defense to False Claims Act