One of the ongoing issues lawyers face when litigating bid protests at GAO is the lack of precedent related to protective order (PO) admissions. The rules are relatively clear with respect to outside counsel and most in-house attorneys applying for
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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Provocative Paper Discussing the Impact of FCA Enforcement on Federal Procurement Law Presented by Marcia Madsen
Last week, Marcia Madsen presented a paper to the ABA’s Tenth Annual Institute on the Civil False Claims Act and Qui Tam Enforcement. In her paper and during her presentation, she asked whether makes sense to litigate the meaning of…
Third Circuit Adds to Circuit Split on Rule 9(b)’s Particularity Requirement in the Context of an FCA Claim
In an opinion issued last week, the Third Circuit added to a circuit split on an important issue concerning the False Claims Act—what a relator (or DOJ) must show at the pleading stage to satisfy Rule 9(b)’s “particularity” requirement. In…
Federal Circuit Resolves CFC-GAO Split on VA Protests
The Federal Circuit recently issued a decision in Kingdomware Technologies, Inc. v. US, resolving the two-year dispute concerning whether the Veterans Administration (VA) is required to invoke the “Rule of Two” before awarding a contract using GSA’s Federal Supply…
Bid Protest Record Supplementation at the CFC and Difficulties Applying the Federal Circuit’s Axiom Decision
It is not uncommon for litigants in bid protest cases to seek to supplement the administrative record with materials generated by consultants or otherwise not considered by the agency during source selection. Indeed, litigants’ ability to provide supplementation is one…
Guest Post on Two Supreme Court Reversals of Federal Circuit Patent Decisions
By Steve Baskin
Editor’s note. As this blog focuses on Government contract developments, we are interested in the decisions issued by the Federal Circuit. Although we don’t generally comment on that court’s patent decisions in which the Government is not a party, this…
The Difficulties of Proving Lost Profits Damages Against the Government
“Lost profits” are a standard measure of contract damages and, under long-standing precedent, are available as a basis for a judgment against the Government in a breach of contract case. That said, there aren’t that many cases in which a…
New Counterfeit Parts Rule Poses Risks To Commercial Electronic Parts Suppliers
Pursuant to a legislative mandate, the US Department of Defense (DoD) has issued an expansive rule (the Rule) aimed at protecting DoD systems of all types from “counterfeit” and “suspect” electronic parts (all references to “parts” in the following discussion…
Deja Review: An Article Concerning the Standard of Review of GAO Decisions at the Fed Cir and the CFC
Three of our bloggers—Marcia, Cameron, and Michelle—have written a serialized article concerning the appropriate standards of review when a bid protest that starts out life at GAO is subsequently brought to the Court of Federal Claims and the Federal Circuit.…
For-Profit Colleges and Universities—Continuing Targets for FCA Allegations
DOJ recently intervened in a False Claims Act case against Stevens-Henager College, Inc. (and its owner), alleging that the college made false certifications regarding compensation of its recruiters—and made false claims for payments under federal education programs based on…