On December 26, 2017, defendant Gilead Sciences Inc. filed a petition for certiorari (case number 17-936), requesting the Supreme Court to review a major Ninth Circuit False Claims Act (FCA) ruling on liability in United States of America ex
Meaningful Discussions
Cutting-Edge Issues in Government Contracts Litigation and Policy
Meaningful Discussions is a blog published by Mayer Brown that focuses on legal issues related to government contracts, False Claims Act litigation, federal procurement, and regulatory compliance. The blog covers topics such as bid protest procedures, materiality standards in FCA cases, government contract disputes, defense industrial base policies, and legislative and regulatory developments affecting contractors. It provides analysis of court rulings, executive orders, and government agency actions that impact contractors and the broader government procurement landscape. The content is aimed at legal professionals and stakeholders involved in complex government contracting and compliance matters.
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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
The long-awaited study by the RAND Corporation (RAND) that was performed pursuant to Section 885 of the 2017 National Defense Authorization Act (NDAA) was delivered to Congress on December 21, 2017 and released to the public last week. Not…
Fifth Circuit “Materiality” Ruling Recognizes FCA Limitations on Relators’ Ability To Second Guess Agency Decisions
Should whistleblowers be permitted to recover hundreds of millions of dollars when the Government steadfastly insists that the factual underpinnings of a False Claims Act relator’s allegations are flatly incorrect? Although a federal district court in Texas awarded more than…
New Executive Order on Manufacturing Sheds Light on Possible Regulatory Changes for Defense Contractors
On July 21, 2017, President Trump issued Executive Order No. 13,806 on “Assessing and Strengthening the Manufacturing and Defense Industrial Base and Supply Chain Resiliency of the United States.” Noting that the ability of United States domestic manufacturers to supply…
What and How Obamacare Is Doing at the Court of Federal Claims
Millions of Americans who were able to obtain health insurance as a result of the Patient Protection and Affordable Care Act (“ACA” or “Obamacare”) are waiting to learn the extent to which Congress and the new administration will repeal, replace,…
DoD Effectively Recognizes That Issues With Its New IR&D “Technical Interchange” Rule Are More Significant Than Previously Acknowledged
In a January 4, 2017 Memorandum, the Under Secretary of Defense for Acquisition, Technology and Logistics (“Under Secretary”), discussed implementation of a problematic DFARS rule issued on November 4, 2016, requiring “major contractors” to engage in a “technical interchange”…
Supreme Court Refuses To Require Sanctions for Breach of the Seal Requirement of the False Claims Act
On December 6, 2016, the Supreme Court ruled that the False Claims Act (“FCA”) does not require the dismissal of lawsuits brought by relators who violate the requirement that information regarding the FCA complaint (and alleged fraud) not be disclosed…
Federal Court Repudiates the Most Significant Provisions of the New DOL Rules
On October 24, 2016, a federal district court in Texas issued a preliminary injunction in a case called Associated Builders & Contractors, et al. v. Rung, in which it halted implementation of the most controversial aspects of the newly-minted…
Cybersecurity Services on the Multiple Award Schedule: Change is Afoot
Cybersecurity services soon will be available under new common provisions of the Multiple Award Schedule (MAS) Program administered by the General Services Administration (GSA). The MAS Program is the primary means to sell commercial products and services to federal agencies.…
Substantial New Rules Implementing “Fair Pay and Safe Workplaces” Executive Order Create Risks for Contractors and Subcontractors
On August 25, 2016, DoD, GSA, and NASA issued a final rule amending the FAR to implement President Obama’s Executive Order on “Fair Pay and Safe Workplaces” (“E.O.”) The Department of Labor (“DOL”) also issued final guidance to assist in…