When the Government terminates a contract for default (“T for D”), there can be a series of nasty consequences for contractors. Among other things, the contractor may be liable for actual or liquidated damages and for excess costs of reprocurement
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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A Parent Company in the FCA Crosshairs Results in a Sustained GAO Protest of an Award to a Subsidiary
The GAO recently sustained a protest because the agency failed to adequately consider a False Claims Act (FCA) case that was pending against the awardee’s parent corporation. The GAO’s decision in FCi Federal, Inc. represents a rare intersection of the…
Discussions Round-up: Recent Protests Challenging Discussions
Editor’s note: This is the fifth and final post in a series focused on protest allegations related to discussions with offerors. Previous posts in the series addressed (1) differences between clarifications and discussions, (2) the requirements for discussions to …
In Case You Didn’t Know, Requesting and Accepting Bribes Violates the Duty of Good Faith and Fair Dealing
In a recent decision from the Armed Services Board of Contract Appeals (ASBCA), the Board held that an agency justifiably withheld payment after four of the contractor’s officers and employees were indicted for conspiring to defraud the Government by providing,…
Supreme Court Denies Cert in Highly Watched FCA Case—Regulatory Violation Must Be Related to Claim for Payment
This week, the Supreme Court denied the qui tam plaintiff’s petition for certiorari in United States ex. Rel. Rostholder v. Omnicare, Inc., a False Claims Act (FCA) case from the Fourth Circuit. In Omnicare, the relator alleged that…
SCOTUS Will Take up First-to-File Bar and WSLA this Term
Today the Supreme Court began a new term. The Court does not often hear cases involving government contracts, but this may be a notable year for contractors at the Court. In the context of the False Claims Act, the Court…
Contractors Are Left with Little Recourse when it Comes to Data Rights
Recently, GAO denied a protest in which the contractor asserted that the solicitation contained an overly restrictive data rights clause and should have used an alternate clause. Gallup, Inc. provides a useful reminder that contracts may give the Government extensive…
The Fine $10M Jurisdictional Line for Task Order Protests at GAO
On Friday, GAO issued a short decision in Goldbelt Glacier Health Services, LLC that merits a brief post. As readers of this blog likely know, FASA, as amended by the 2012 NDAA, authorizes bid protests exclusively at GAO…
“That Wasn’t Fair!”—Protests Based on Unequal Discussions
Editor’s note: This is the fourth post in a series of posts focused on protest allegations related to discussions with offerors. The first post addressed differences between clarifications and discussions. The second post focused on the requirements for discussions to …
Federal Circuit Makes Clear that FASA Imposes a Broad Ban on Bid Protests of Task Orders at the CFC
Task orders have become ubiquitous in the federal procurement system. Although the Federal Acquisition Streamlining Act (FASA) gives GAO exclusive jurisdiction over protests of task orders, contractors occasionally seek to challenge task order awards at the CFC. Earlier this year,…