On August 3, 2020, President Trump issued Executive Order No. 13940 (“EO”), which builds on several prior EOs which have discussed preferences for American workers performing work on U.S. government contracts. This preference...more
The CARES Act provides payroll relief for government contractors that are likely impacted by the current public health emergency....more
2019 has been a busy time for the U.S. Small Business Administration (“SBA”) and government contracting. Over the past year, SBA has proposed, and is effectuating, significant changes to various aspects of its government...more
As we have reported over the past several years, the U.S. Government Accountability Office (“GAO”) is a legislative agency which is empowered with jurisdiction to hear certain bid protests (in addition to agencies themselves...more
In a recent 9-0 decision issued by the United States Supreme Court (SCOTUS), the Court has set to rest the applicable statutes of limitations for claims brought under the False Claims Act, 31 U.S.C. §3731(b) (FCA). Cochise...more
10/29/2019
/ Appeals ,
Cause of Action Accrual ,
Cochise Consultancy Inc v United States ex rel Hunt ,
Dismissals ,
False Claims Act (FCA) ,
Federal Contractors ,
Intervenors ,
Limitation Periods ,
Qui Tam ,
Reaffirmation ,
Relators ,
Reversal ,
SCOTUS ,
Statute of Limitations
Being small is not always easy, but in the case of government contracting, it comes with significant advantages. These advantages include: access to limited competition procurements through small business set-aside contracts;...more
Since its formation, the Small Business Administration (“SBA”), and regardless of the programs arising therefrom (including the 8(a) Economically Disadvantaged, HUBZone, Small Business, Woman-Owned Small Business, and...more
The Federal Acquisition Regulations (FAR) are the result of statutory interpretations and application of regulations to allow the government to contract for goods and services. Overseeing the FAR is the FAR Council, which...more
Case Study: GAO Bid Protest. Recently, the firm’s Government Contracts team — led by Larry Prosen with support from Gunjan Talati, Nick Nieto, and Jarett Dillard — successfully defended an award for Larry Prosen’s client,...more
In an interesting turn, the U.S. Army Corps of Engineers (the “Corps”) published a Request for Information On Conceptual Public Private Partnership Delivery of Specific Corps Projects. 84 Fed. Reg. 1084-85, Feb. 1, 2019,...more
As another calendar year rapidly comes to a close, the Federal Government Fiscal Year ended on September 30, 2018. As a result, the annual requirement that the U.S. Government Accountability Office (“GAO”) files its annual...more
On November 5, 2018, the U.S. Court of Appeals for the Federal Circuit (“Court”) confirmed something that many of us in the Federal Government Construction Contracts industry always understood was the law, namely that even...more
If you participate in the government contracts universe, you know the law affords you the opportunity to pursue bid protests. Bid protests are generally disputes involving either (a) the terms of a solicitation (invitation...more
Kilpatrick Townsend partner Larry Prosen recently spoke at the 2018 CIArb Conference in Washington, D.C.
on the topic of “Arbitration of Disputes Regarding U.S. Federal, State, and Local Entities.”
...more
Patent Intellectual Property (collectively, “IP”) rights represent a significant element of many government contracts, including those for research and development, whether by commercial, non-profit or educational...more
After much testing, inquiry of industry and rulemaking, the U.S. Government Accountability Office (GAO) has formally issued new rules that provide updated e-filing methods and systems as well as fees—yes, fees—for filing and...more
On March 22, 2018 the Department of Defense (“DoD”) issued a memorandum that augments FAR 15.506 “Postaward debriefing of offerors”, at least as relates to unsuccessful offerors. Arising out of a requirement in the 2018...more
January 10 & 11, 2018 – The Department of Veterans Affairs (VA) has published two Notices of Proposed Rulemaking which, in effect, (1) would shift the duties of certifying Veteran-Owned Small Businesses (VOSBs) as relates to...more
As required by the Competition in Contracting Act of 1984, 31 U.S.C. §§3554 et al. (CICA), the U.S. Government Accountability Office (GAO) has certain bid protest-related jurisdiction over executive agencies. As part of its...more
Larry Prosen and Gunjan Talati, partners in Kilpatrick Townsend’s Government Contracts and Construction & Infrastructure Group, recently presented on an issue of growing importance -- “Protecting Your IP When Government...more
Currently pending in the House of Representatives is H.R. 2594, the “Small Business Payment for Performance Act of 2017” (the “Bill”). This Bill unanimously passed the House Committee on Small Business earlier today. While...more
If you have followed our blog and client alerts, recall that last year the Supreme Court rendered a unanimous decision relating to Kingdomware Technologies, in which the VA was found to have violated laws intended to require...more
As we previously discussed both on this blog and elsewhere, observational and indirect evidence told us that the use of Indefinite Delivery/Indefinite Quantity (“IDIQ”) contracts was expanding. As it turns out, from...more
We’ve covered the Fair Pay & Safe Workplaces rule since it came out last summer. In a series of alerts we told you specifics about the rule and what labor law violations contractors would have to disclose as a result of the...more
In its March 9, 2017 report entitled, “Contracting Data Analysis – Assessment of Government-Wide Trends”, GAO No. GAO-17-244SP (the “Report”), GAO has found that defense obligations for products and services decreased by a...more