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
Government Contracts Legal Forum
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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.…
“Better Late Than Never?” Not Really. Two Recent GAO Sustains Highlight the Importance of Contemporaneous Documentation
“Now or later?” As individuals, we are constantly asked to prioritize our time, identifying the tasks that need to be done NOW versus those that can be put off until later. In the bid protest context, the question arises as…
Start the Clock: Government’s Indirect Cost Rate Claim Accrued upon Submission of Indirect Cost Rate Proposal
In Strategic Technology Institute, Inc. v. Sec’y of Def., 91 F.4th 1140 (Fed. Cir. 2024), the Federal Circuit affirmed a decision by the Armed Services Board of Contract Appeals (ASBCA), which held that the government’s 2018 claim was not time-barred…
Let’s Talk FCA
Criminal Investigations and the False Claims Act
In this episode, Steve Byers, Jason Crawford, and Agustin Orozco discuss the intersection between False Claims Act investigations and parallel criminal proceedings. “Let’s Talk FCA” is Crowell & Moring’s podcast covering the latest…
The Agency’s Email Server Ate My Proposal! – GAO Rejects Challenge to “Late is Late” Rule
Offerors understand that missing a submission deadline can sink even the best proposal because “late is late.” But what happens when an offeror timely emails its proposal only to have an agency server reject it without any notification to the…
Fastest 5 Minutes
Salary-History Bans and Pay Transparency, Section 3610 of the CARES Act
This week’s episode covers a proposed rule on salary-history bans and pay transparency for job applicants and employees of federal contractors and subcontractors, a claim relating to Section 3610…
Does Government Disclosure of a Company’s Trade Secrets Amount to an Unlawful Taking Under the Fifth Amendment?
In Vanda Pharmaceuticals, Inc. v. United States, No. 23-629C (Fed. Cl. 2024), 2024 WL 201890, the Court of Federal Claims (COFC) addressed whether government disclosure of a company’s trade secrets and commercial information could create a viable claim for…
Show Me the Money: Contractors and Subcontractors May Soon Be Subject to Pay Transparency Requirements, Which May Also Trigger New Bid Protest Issues
Following a January 29, 2024 White House announcement and Fact Sheet, on January 30, 2024, the Federal Acquisition Regulation (FAR) Council issued a Notice of Proposed Rulemaking (Proposed Rule) on salary-history bans and pay transparency for applicants…
Who I(aa)S Your Foreign Customer? Department of Commerce Proposes Foreign Customer Identification Requirements For U.S. IaaS Providers
On January 29, 2024, the Department of Commerce released a proposed rule: Taking Additional Steps To Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities, which solicits comments regarding a proposed new set of regulations that would…