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Post-Argument Review: What Government Contractors Can Do To Ready Themselves for Landmark Supreme Court Decision in FCA Cases

On April 18, 2023, the U.S. Supreme Court heard oral argument on two high-stakes False Claims Act (“FCA”) cases – SuperValu and Safeway. We recently analyzed the facts, procedural history, and implications of the Court’s...more

Congress Takes Aim at Organizational Conflicts of Interest for Government Contractors and Consultants

A major issue faced by government contractors (at any tier) is the risk of organizational conflicts of interest (“OCIs”). To reform the OCI regulatory framework, Congress recently passed the Preventing Organizational...more

COVID-19 Lingering Effects on Government Contracting: New Guidance

Although not receiving much media attention, in October 2022, the nationwide injunction on Executive Order 14042, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (the “EO”) was lifted. The injunction,...more

Proposed Amendment to the Federal Acquisition Regulations Creates Climate Disclosure Requirements for Federal Contractors

On November 10, the Biden Administration proposed the Federal Supplier Climate Risks and Resilience Rule (the “Proposed Rule”). The Proposed Rule would amend the Federal Acquisition Regulations and requires federal...more

Federal Contractor Vaccine Mandate Blocked Nationwide by Court

On December 7, a Georgia federal judge blocked the highly contentious federal contractor vaccine mandate from going into effect nationwide. Upon issuing the injunction, the judge ruled that “even in times of crisis this Court...more

White House Extends COVID-19 Vaccine Mandate Deadline for Federal Contractors

On November 4, 2021, the White House extended the deadline for covered federal contractors to comply with the COVID-19 vaccine mandate established by the Safer Federal Workforce Task Force. Now, instead of being in compliance...more

Government Acquisition Council Provides Preview of Vaccine Mandate Clause for Federal Contractors

Late yesterday, the Civilian Agency Acquisition Council (CAAC) released guidance prescribing a class deviation from the Federal Acquisition Regulations (FAR) in order to implement President Biden’s vaccine mandate for certain...more

Where There’s an Implied Contract, There’s a Potential Bid Protest: Court of Federal Claims Has Jurisdiction to Hear Breach of...

A recent U.S. Court of Appeals for the Federal Circuit (Federal Circuit) decision provides unsuccessful government contractors yet another avenue to pursue a bid protest. Notably, the Federal Circuit resolved the looming...more

Healthcare and Government Contractors Beware: False Claims Act’s “Objective Falsity” Requirement Dispute Between Circuits Persists...

Due to COVID-19, there have been a significant amount of economic incentive programs and government contract opportunities to assist in stimulus and responding to the crisis. This is in addition to the typical government...more

Ongoing Executive Order 13950 Controversy Demonstrates Why Government Contractors May Want to Closely Monitor the Presidential...

As with any presidential (or governor) transition, significant changes occur in regard to the executive offices’ regulatory enforcement priorities and changes from the previous administration. Because the majority of rules...more

Cost Recovery and Delay During COVID-19 - How Government Contractors Can Safeguard Themselves and Mitigate Potential Losses

As the COVID-19 crisis progresses, government contractors continue to see significant impacts on their ability to provide goods and services to federal, state, and municipal government agencies. These issues range from...more

COVID-19: Meeting Critical Business Operational Needs During Shelter-In-Place Shutdowns

In response to the COVID-19 pandemic, government authorities at every level are issuing declarations limiting daily activities. The  orders – ranging from specific industry shutdowns to shelter-in-place executive orders – are...more

SBA Offers Small Business COVID-19 Emergency Disaster Loans

Last week, Congress passed the Coronavirus Preparedness and Response Supplemental Appropriations Act to provide relief for the COVID-19 pandemic. As part of this Act, Congress provided the Small Business Administration (SBA)...more

Post-Pandemic Preparation - Be Ready for the Government Contract

As of the last report, the United States Treasury Department is proposing a $1 trillion stimulus package to spur economic stability during the COVID-19 crisis. This is on top of what state and local governments are proposing...more

Government Contracting During a Pandemic: Existing Contractors Prepare

Government agencies at every level are responding to an ever-changing environment in dealing with the implications of COVID-19. Government contractors may be the last to learn about significant changes to a government...more

House Small Business Committee Proposes Legislation to End Self-Certification for SDVOSB

On November 27, 2018, the House Committee on Small Business introduced House Resolution 7169, the proposed Verification Alignment and Service-disabled Business Adjustment (VA-SBA) Act. The purpose of this new legislation is...more

GSA Announces Plan to Modernize the Multiple Awards Schedules

On November 27, 2018, the United States General Services Administration (GSA) announced its intent to consolidate the current 24 multiple award schedules (MAS) into a single schedule for products and services. According to...more

SBA and VA Modify Eligibility Standards for Veteran-Owned Small Businesses

Early last week, the Small Business Administration (SBA) and Department of Veterans Affairs (VA) amended their rules concerning the eligibility of Veteran-Owned Small Businesses (VOSB)1. Both agencies issued regulations...more

Government Contracting, The False Claims Act and the Art of Voluntary Disclosures

With so many personal gadgets needing daily recharging, desktop hard drives running 24 hours a day, and DVRs recording movies that run while we’re asleep, do you wonder where all that electricity is coming from? The next big...more

Common Sense Prevails as D.C. Circuit Applies Upjohn in Vacating District Court Order to Produce Investigation Reports

Government contractors and other companies subject to internal investigation requirements won some relief from the United States Court of Appeals for the D.C. Circuit on June 26 with a decision that firmly reiterated that...more

Obtaining a Piece of the Pie: Small Business Preferences in Federal Contracts

The federal government is the single largest purchaser of goods and services in the world. Some of these purchases, of course, are for highly specialized goods or services produced or performed by large corporations. For the...more

Avoid the Quick Fix: Addressing Government Contracting Ethical Breaches That Can Destroy A Business

For the last 15 years, the Foreign Corrupt Practices Act (FCPA) has garnered the most “compliance” attention by companies and the media due to the severe penalties associated with the bribing of foreign government officials....more

Guilt by Affiliation: A Recent Court Decision that Every Government Contractor Should Consider

One of the many business strategies to win more government contracts is to “team” with other companies that provide specific specialties or qualify for socio-economic benefits. Sometimes, these partnerships are formal through...more

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