The FCA relators’ and defense bars have been battling for some time about the extent of a relator’s obligation under Rule 9(b) to plead the details of her/his claim with particularity. The Eighth Circuit’s recent decision in US ex rel.
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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GAO Holds NASA Exceeded Its Discretion in Protest of FSS Task Order
Challenges to an agency’s best value tradeoff decision can be difficult to win, as GAO doesn’t reevaluate the offerors’ proposals, gives deference to evaluators’ judgments, and performs a limited review of whether the evaluation and source selection decision were reasonable…
Don’t Be Misled: What Contractors Should Know About Misleading Discussions
Editor’s note: This is the third 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 …
D.C. Circuit Affirms Significant FCA Victory for Government Contractor that Relies on a Supplier’s Country of Origin Certification
Late last week, the D.C. Circuit affirmed the district court’s dismissal on summary judgment of a relator’s FCA claims in U.S. ex rel. Folliard v. Government Acquisitions, Inc. & Govplace. Although the court provided an extensive discussion of several…
What is Required for Discussions to Be Meaningful?
Editor’s note: This is the second post in a series of posts focused on protest allegations related to discussions with offerors. The first post addressed differences between clarifications and discussions. Planned future posts will cover what qualifies as misleading discussions, …
Does Entering an Agency’s Contest Make You a Government Contractor?
Rarely does a pro se plaintiff defeat a motion to dismiss at the CFC. However, the CFC recently denied the Government’s motion to dismiss a pro se plaintiff’s breach of contract claim based on the Federal Trade Commission’s (FTC) alleged…
Seventh Circuit Pares Back Potential “Worthless Services” FCA Claims
Nursing home care and costs—and their connection to Medicare—are issues that sporadically receive media attention and, last weekend, were the subjects of a large expose and op-ed in the NY Times. A few days before those articles were published,…
The CBCA Issues an Interesting “T for D” Decision, Applying UCC Principles to Reach a Common-Sense Result
A termination for default (T for D) is “a drastic sanction which should be imposed or sustained only for good grounds and on solid evidence.” A T for D will impact future responsibility determinations and needs to be fought by…
Presentation of Paper on Internal Investigations and Special Considerations for Government Contractors at ABA Section of Public Contract Law Meeting
Marcia Madsen recently presented an excellent paper, which was co-authored by Michelle Litteken, at the ABA Section of Public Contract Law’s annual meeting in Boston. During the ABA meeting, Marcia also moderated a panel on important issues that frequently…
Eighth Circuit Provides Explanation of the FCA’s Public Disclosure Bar and Original Source Exception while Affirming the Dismissal of False Claims Allegations
In a case against two medical device makers in which DOJ (reasonably) declined to intervene, the U.S. Eighth Circuit Court of Appeals recently affirmed the district court’s dismissal of a series of False Claims Act allegations. The court’s opinion provides…