Government Contracts and International Trade partner Addie Cliffe and Government Contracts counsel Liam O’Reilly discuss the Inflation Reduction Act’s Domestic Content Bonus Credits.Click to read more | Watch now on our YouTube channel
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The Top FCA Developments of 2023
2023 brought many important False Claims Act developments for companies with business involving government funds. While overall recoveries remained down compared to pre-2022 levels, the total number of settlements and judgments exceeded any prior year. Those settlements and judgments also…
February 2024 Bid Protest Sustain of the Month
In February 2024, GAO continued its streak of taking a hard look at procurements conducted under Federal Acquisition Regulation (FAR) subpart 8.4. Subpart 8.4 allows the government to use “simplified” ordering procedures to obtain commercial supplies and services. However, some…
DOJ Offers Cash “Carrot” to Whistleblowers; Foreshadows “Stick” of More Corporate Enforcement
On March 7, 2024, Deputy Attorney General (DAG) Lisa Monaco delivered remarks at the American Bar Association’s 39th National Institute on White Collar Crime announcing a new Department of Justice (DOJ) pilot program that incentivizes whistleblowers to report corporate misconduct…
New Federal and State PFAS Requirements Pose Unique Challenges to the Government Contracting Community
A wave of recent changes in federal and state law pertaining to PFAS chemicals is likely to present both immediate and long-term challenges to the government contracting community. At the federal level, contractors that import products, parts, packaging, equipment or…
Just Trust Me on This: Allegation of Contract’s Existence Is Sufficient to Establish Jurisdiction Under Contract Disputes Act
The U.S. Court of Appeals for the Federal Circuit held in Avue Technologies Corp. v. Department of Health and Human Services that an appellant’s non-frivolous allegation of a contract with the government via an end-user license agreement (EULA) incorporated into…
It All Adds Up
Our Two Cents
In this second inaugural episode of It All Adds Up, Nicole Owren-Wiest and Erin Rankin riff on why they care so much about government contracts cost and pricing – and why you should, too. “It All Adds…
Fastest 5 Minutes
Defense Innovation Unit, AI, Proposal Timeliness
This week’s episode covers DoD’s Defense Innovation Unit report about actions to maintain U.S. technological superiority, DOJ’s plans to address the dangers posed by AI technology by seeking sentencing enhancements for crimes committed using…
Counterclaims Against Compliance-Officer-Turned-Relator Survive Motion to Dismiss
A recent decision in a non-intervened qui tam suit in the Northern District of Georgia provides an example of a defendant threading the needle to avoid dismissal of its counterclaims despite those counterclaims arguably implicating the conduct that the relator alleged violated…
Yet Another Timeliness Trap for the Unsuspecting Protester: A Pre-Award Agency-Level Protest Is Functionally Denied as of the Closing Date for Receipt of Proposals, Even if the Agency Actually Denies it Later
Generally, a GAO protest challenging the terms of a solicitation is timely if filed within 10 days after the denial of an agency-level protest, “even if filed after bid opening or the closing time for receipt of proposals.” 4 C.F.R.…