The Federal Circuit recently affirmed the ASBCA’s grant of summary judgment to the Government based on the Government’s affirmative defense that the court described both as a defense of fraud and a defense of prior material breach. In a case
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Federal Circuit Emphasizes the Need to File a Pre-Award Protest When Faced with Patently Defective Solicitation Language
The Federal Circuit recently issued a decision in Copenhagen Arctic A/S v. United States that underscores the importance of promptly pursuing bid protests regarding patent defects in a solicitation’s language—including questions and answers incorporated into the solicitation.
Supreme Court Rejects the Government’s Expansive Interpretation of “Official Act” for Honest Services Fraud and Bribery Allegations
On June 27, 2016, in McDonnell v. United States, the Supreme Court resolved a case of substantial interest to businesses that interact regularly with government officials with respect to grants, contracts, regulations and numerous other matters. The Court vacated
DoD Advisory Committee Seeks Comments on Broad Range of Issues Concerning Rights in Technical Data
On June 21, 2016, DoD published a notice in the Federal Register indicating that an advisory committee is seeking information to facilitate its review of 10 U.S.C. §§ 2320 and 2321 regarding rights in technical data and the validation of
Recent Federal Circuit Decision Clarifies When a CDA Claim for Payment of Money Accrues
The Federal Circuit recently clarified when a CDA claim for payment of money accrues for purposes of determining whether the CDA’s 6-year statute of limitations has run. In Kellogg Brown & Root Servs., Inc. v. Murphy, KBR filed the
Supreme Court Upholds Implied Certification Theory of Falsity for FCA Claims
Today, in Universal Health Services v United States ex rel. Escobar, the Supreme Court resolved a circuit split on a question of great importance for government contractors: whether a claim presented to the United States for payment can be
Second Circuit Adds to Case Law Addressing Whether a Relator’s Release of FCA Claims is Enforceable
The Second Circuit recently added to case law addressing the issue of whether a relator’s release of False Claims Act (FCA) claims prior to the relator’s qui tam action is enforceable. United States ex rel. Ladas v. Exelis, Inc.
Supreme Court To Consider Implications of Seal Violation in FCA Lawsuits
On May 31, 2016, the Supreme Court granted certiorari in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513. At issue is an important question for the government contract community: “What standard governs the decision
DoD’s Public Meeting Concerning a Proposed Rulemaking Related to Independent Research & Development Revealed Numerous Issues and Concerns
In the February 8, 2016 Federal Register, DoD published an Advanced Notice of Proposed Rulemaking (“ANPR”) indicating that DoD is considering a proposed approach requiring offerors to describe in detail the nature and value of prospective independent research & development
Two Recent Circuit Court Decisions Address the FCA’s Public Disclosure Bar
The civil False Claims Act’s (FCA) public disclosure bar prohibits FCA suits based on allegations that have been disclosed publicly through certain enumerated sources, unless the relator meets the FCA’s definition of “original source.” Congress amended the bar in 2010,