Editor’s note: This is the first post in a series of posts focused on protest allegations related to discussions with offerors. Planned future posts will cover what qualifies as meaningful discussions, what constitutes unequal discussions, and a round up of
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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Deductibility of Settlement Payments in False Claims Act Cases: US First Circuit Rejects the IRS’s Interpretation of Talley and Section 162(f)
In Fresenius Medical Care Holdings, the US Court of Appeals for the First Circuit held that taxpayers can meet their burden of proving that a government settlement was compensatory—and thus deductible—with evidence beyond the settlement’s terms. Thus, if the…
Court of Federal Claims Rejects Attempt to Shoehorn what it Characterizes as a Contract Administration Matter Into a Bid Protest
Recently, the CFC rejected a bid protest action filed by Kellogg Brown & Root (KBR) with respect to one of the Army’s LOGCAP contracts. The contractor had performed the logistics and civil augmentation contract, under which the Army issued task…
Defining the Non-Breach World Remains Key to Determining Expectancy Damages
In a recent decision, the Federal Circuit added to its precedent explaining how a trial court should analyze what would have occurred in a “non-breach world” for purposes of awarding expectancy damages in a contract case. In Stockton East Water …
Executive Order – Focus on Labor
On July 31, 2014, President Obama issued an Executive Order entitled Fair Pay and Safe Workplaces that will impose significant changes on Government contractors with regard to labor issues. Among other things, this Order would require contractors to disclose a…
False Claims Act Update: What If Your Employees Take Documents?
Marcia Madsen, Cameron Hamrick, and Michelle Litteken recently addressed developments in an all-too-common scenario: what happens if an employee takes company documents to use in a possible False Claims Act case? Their article, from BNA’s Federal Contracts Report, sheds light…
The D.C. Circuit Grants Mandamus in Important Case Regarding Limitations on Attorney-Client Privilege in Contractors’ Internal Investigations
Today, the D.C. Circuit granted a mandamus petition in an important case, In re Kellogg Brown & Root, involving to preservation of the attorney client privilege for internal investigations in today’s heavily regulated government contracting environment. The ability of…
A Tajik Construction Project Nightmare Serves as a Lesson Regarding the Perils of Firm-Fixed Price Contracting in Uncertain Situations
The Court of Federal Claims issued a lengthy decision in a case arising from a construction project gone awry in which the contractor was terminated for default (T for D), ended up in bankruptcy, and lost a fraud counterclaim to…
US Navy Issues a Noteworthy Solicitation for “Drop-In” Biofuel Blends
The Defense Logistics Agency (DLA), in conjunction with the US Navy, has issued a solicitation for bulk fuels for DLA Energy’s customers located in the Inland/East/Gulf Coast regions of the United States. The Inland/East/Gulf Coast is the single largest bulk…
Proposal for Expansive Government-Wide Counterfeit Items Reporting Rule Would Impose Substantial New Requirements on Contractors
A proposed rule issued June 10 would extend pervasive requirements for reporting counterfeit, suspect, and nonconforming items to all contractors, as well as their subcontractors and suppliers doing business with any U.S. Government department or agency. Unlike the earlier counterfeit…