Military Government Contracting

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Reed Smith's Government Contracts Weekly Rundown - March 2015 #4

Here is a rundown of last week’s top developments related to government contracts to get you back on track and ready for Monday....more

Court of Federal Claims Holds that Contractor’s Defense of Defective Specifications Is Not an Independent Claim Requiring...

Total Eng’g, Inc. v. United States, 2015 U.S. Claims LEXIS 30 (Fed. Cl. Jan. 26, 2015) - The United States Army Corps of Engineers (the “Government”) awarded a contract to Total Engineering, Inc. (“Total”) for preliminary...more

Weekly Update Newsletter - March 2015 #4

GOVERNMENT CONTRACTS - DoD Issues Interim Rule to Amend DFARS: Use of Military Construction Funds (DFARS Case 2015-D006) - The Department of Defense (DoD) issued an interim rule to amend the Defense Federal...more

A New Cyber World Framework to Strengthen Agency Information Security

Manufacturers, defense suppliers and other federal contractors may benefit from a new cybersecurity law intended to safeguard agency information and help bolster defenses to future cyber threats. The Federal Information...more

Weekly Update Newsletter - March 2015 #3

GOVERNMENT CONTRACTS - The Under Secretary of Defense Issues Memorandum Regarding the Appropriate Use of LPTA Source Selection Process and Associated Contract Type - The Under Secretary of Defense for...more

Court Denies Stay and Revives FCA Claims Based on "Implied Certification" Theory

In a False Claims Act lawsuit against an armored car manufacturer, Judge Kiser recently denied a motion to stay the case, pending resolution of related criminal charges, and granted a motion for reconsideration, thus reviving...more

Weekly Update Newsletter - March 2015 #2

GOVERNMENT CONTRACTS - DoD Issues Notice to Publish an Updated List of Product Categories for Which Federal Prison Industries Have a Significant Market Share - The Department of Defense (DoD) issued a Notice...more

Former Aerospace Engineer Pleads Guilty to Misappropriation of Trade Secrets Intended for Iran

Although it appears that the U.S. and Iran are moving closer to a deal regarding Iran’s nuclear program, Iran’s allies appear to remain committed to acquiring military-grade technology from U.S. companies by way of engineers...more

Out of the Frying Pan, Into the Fire – GSA Proposes to Reduce Price Reductions Clause Burdens, While Substantially Increasing...

In what is arguably its most significant proposed regulatory change affecting commercial item contracting in decades, the General Services Administration (“GSA”) earlier this week proposed amendments to the General Services...more

Weekly Update Newsletter - March 2015

GOVERNMENT CONTRACTS - GSA Issues Notice of Public Meeting and Request for Comment on Proposed Rule to Amend GSAR Transactional Data Reporting - The General Services Administration (GSA) issued a notice of...more

Weekly Update Newsletter - January 2015 #4

GOVERNMENT CONTRACTS - SBA Considering Extending Comment Period for Proposed Rule on the Limitations on Subcontracting - Although not yet official, we anticipate that SBA will grant an extension until April 6th...more

The Fourth Circuit Strengthens the FCA’s Implied Certification Theory in Triple Canopy

Under the “implied certification” theory of liability, a government contractor can violate the False Claims Act (“FCA”) by submitting a mere invoice for payment. The theory is that the invoice’s submission impliedly...more

The 4th Circuit Expands Liability Under the False Claims Act

On January 8, 2015 the U.S. Court of Appeals for the Fourth Circuit issued a decision in United States v. Triple Canopy, which broadened the reach of the False Claims Act (FCA) by embracing the theory of implied...more

Checklists of Foreign Countries for U.S. Firms Engaged in International Transactions

Countries Subject to Various Restrictions by the U.S., EU, and UN - Following are checklists of countries that are subject to a variety of U.S. and EU-imposed restrictions affecting international trade. The countries...more

The Federal False Claims Act...Liability Even When There Is No Government Reliance

In its recent opinion, United States v. Triple Canopy, Inc., Nos. 13-2190, 13-2191 (4th Cir., January 8, 2015), the Fourth Circuit emphasized that the Federal False Claims Act (FCA) is a “strong remedy,” designed to target...more

Department of Defense Updates Its Instruction for Acquisitions of Software and Weapons Systems

On January 7, 2015, the U.S. Department of Defense (“DoD” or “the Department”) released an update for DoD Instruction 5000.02, on the “Operation of the Defense Acquisition Service.” The new Instruction is designed to assist...more

New OFCCP FAQs Clarify Rules Regarding Collecting and Reporting Veterans Data

In an effort to address confusion resulting from the new VETS-4212 Form, OFCCP recently posted two new FAQs addressing issues related to collecting and reporting disclosure data. The first FAQ addresses whether contractors...more

Fourth Circuit Potentially Expands Scope of FCA Liability

On January 8, Fourth Circuit Court of Appeals, in United States ex rel. Badr v. Triple Canopy Inc., embraced a theory of implied certification under the False Claims Act (“FCA”), representing a departure from prior Fourth...more

Court of Federal Claims Reaffirms VOSB/SDVOSB's Right to Due Process During Protests, Rejects VA's Interpretation of Revised...

Several months ago, we told you about Ambuild Company v. LLC v. U.S., a very important case pending before the Court of Federal Claims (“COFC”). The AmBuild case was of particular interest to our firm because it concerned...more

Blog: OFCCP Publishes New FAQs on the Collection of Self-Identification Information for Protected Veterans

On January 20, 2015, the Office of Federal Contract Compliance Programs (“OFCCP”) published two Frequently Asked Questions (“FAQs”) addressing what self-identification information contractors are required to solicit from...more

Electronic waste rules could help thwart flow of counterfeit parts

As highlighted in a report by the U.S. Senate Armed Services Committee, a flood of counterfeit electronic parts from China threatens the reliability of sophisticated defense technologies from thermal weapon sights to advanced...more

Legal Minute: Cybersecurity Reporting Requirements for Government Contractors [Video]

Government Contracts Partner Mary Beth Bosco explains the new cyber breach reporting requirements for defense contractors based on the recent passage of the National Defense Authorization Act for Fiscal Year 2015. The NDAA...more

Court of Federal Claims Determines That Government Contractor May Recover for Losses Attributable to Omissions and Inaccuracies in...

Philadelphia Auth. for Indus. Dev. v. United States, 114 Fed. Cl. 519 (2014) - In this action, the United States Court of Federal Claims denied the Government’s motions to dismiss and for summary judgment, holding that...more

Rhode Island Supreme Court Bars Second Arbitration Based On The Doctrine Of Res Judicata

An architectural firm contracted to provide architectural, engineering and design services for a state veterans home for a “not to exceed fee” of $61,500, which was calculated as a percentage of overall expected construction...more

Don’t Tell the Government “It Wasn’t Me”: ASBCA Holds Contract Void Ab Initio for Fraud

In the Appeal of Vertex Construction & Engineering, ASBCA No. 58988, decided last month, the Armed Services Board of Contract Appeals (“ASBCA”) exercised a “harsh” remedy in declaring Appellant’s contract void ab initio...more

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