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Motion to Dismiss Federal Contractors

Davis Wright Tremaine LLP

No Double-Dipping Allowed: A Takeaway from the CBCA's Decision in BES Design/Build, LLC

A decision by the U.S. Civilian Board of Contract Appeals (the "Board" or "CBCA") in BES Design/Build, LLC v. General Services Administration, CBCA 7587 (April 6, 2023), further defines what it means to submit a "timely"...more

Bradley Arant Boult Cummings LLP

Subcontractors’ COVID-19-Related Claims Survive Motion to Dismiss

In the Armed Services Board of Contract Appeals (ASBCA) appeal of McCarthy HITT – Next NGA West JV, ASBCA No. 63571, 2023 WL 9179193 (Dec. 20, 2023), a contractor brought suit for a collection of COVID-19-related claims on...more

Venable LLP

Recent Federal Circuit Decision Clarifies Blue & Gold Waiver Rule

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Protesters and other litigants before the U.S. Court of Federal Claims have long encountered the complexities of jurisdiction under the Tucker Act. The Tucker Act, 28 U.S.C. § 1491, is the statute granting jurisdiction to the...more

Bradley Arant Boult Cummings LLP

Can a Contracting Officer Foreclose a Contractor’s Appeal by Withdrawing its Final Decision?

A contracting officer’s unfavorable final decision is not the end of the road for a federal contractor’s claim for additional time and/or money on a federal project. Rather, a final decision is a mandatory prerequisite to...more

Davis Wright Tremaine LLP

Armed Services Board of Contract Appeals Addresses Sum Certain Requirement for Claims Submission

The Armed Services Board of Contract Appeals in ECC International Constructors, LLC (ASBCA No. 59643 November 9, 2021) issued a partial summary judgment order dismissing several of the contractor's claims for lack of a sum...more

Pillsbury Winthrop Shaw Pittman LLP

Can the Government Terminate a Contract for Convenience When It Does Not Actually Terminate the Contract for Convenience?

Court of Federal Claims rules that the government “constructively” terminated a contractor for convenience when it did not order the quantities specified in the contract. The “constructive termination for convenience”...more

Morrison & Foerster LLP - Government...

U.S. District Court For The District Of Columbia Finds That Alleged Cybersecurity Vulnerability Is Not Material Under False Claims...

In a decision sure to bring some comfort to contractors providing information technology equipment and services to the federal government, a U.S. district court judge recently granted a motion to dismiss a False Claims Act...more

Miles & Stockbridge P.C.

Federal False Claims Act Wrap-Up - August 2020

A look at selected soon-to-be-reported decisions on various False Claims Act issues. This month we can glean three quick lessons...more

A&O Shearman

Northern District Of Ohio Grants Motion To Dismiss Securities Fraud Claims Against Aerospace Component Company, Finding That...

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On February 19, 2020, Judge Pamela A. Barker of the United States District Court for the Northern District of Ohio granted a motion to dismiss a putative securities class action, asserting claims under Sections 10(b) and...more

Bradley Arant Boult Cummings LLP

Can You Challenge a CPAR Evaluation in a Bid Protest?

Technically, no. However, when the contractor is protesting the award of a contract for the same agency that issued the unfavorable Contractor Performance Evaluation Report (CPAR), the contractor may have some success arguing...more

Holland & Knight LLP

Roundup of Recent Government Contracts Claims Decisions

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Federal Circuit Affirms Decision of the Armed Services Board of Contract Appeals Finding the Government Suffered No Harm Resulting from Contractor's Technical Noncompliance with Cost Accounting Rules: Defense v. Northrop...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Soil Disposal/Navy Construction Contract: U.S. Court of Federal Claims Addresses Request for Equitable Adjustment

The United States Court of Federal Claims (“Court”) addressed in an October 31st opinion a contractor’s request for equitable adjustment related to construction of a runway for the United States Navy (“Navy”). See Coffman...more

ArentFox Schiff

Investigations Newsletter: Third Circuit Holds False Claims Act Relator Lacks Standing and Right to Intervene in Related Criminal...

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Third Circuit Holds False Claims Act Relator Lacks Standing and Right to Intervene in Related Criminal Case - In a matter of first impression, the Third Circuit held last week that a relator who filed an action under the...more

Obermayer Rebmann Maxwell & Hippel LLP

Standing and Prejudicial Error: The Importance of Demonstrating Multiple “Prejudices” in Bid Protests

We all know that, in real life, prejudice is a bad thing. But in the unique world of bid protests, success can actually depend on establishing prejudice. Two different types of prejudice, believe it or not! Of course,...more

Sheppard Mullin Richter & Hampton LLP

CBCA Rules Contractor Under GWAC Task Orders Properly Submitted Claims to the Agency Ordering Contracting Officer Instead of the...

In a case of first impression, the Civilian Board of Contract Appeals (“CBCA”) ruled that a contractor performing task orders issued against a government-wide acquisition contract (“GWAC”) properly submitted its claims to the...more

Holland & Knight LLP

Granston Memo in Action: DOJ Successfully Exercises Authority to Dismiss Meritless Qui Tam

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A recent dismissal of a qui tam action demonstrates there exists an affirmative approach for disposing of wasteful and meritless non-intervened qui tam claims without the time and expense of protracted litigation with...more

Seyfarth Shaw LLP

No Protection Under The DTSA For Bid Documents Containing Trade Secrets

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A government contractor learned the hard way that bid documents containing trade secrets are not protected from disclosure in Massachusetts. On September 21, 2018, a Massachusetts U.S. District Court judge ruled that the...more

Cohen Seglias Pallas Greenhall & Furman PC

Bid Protests: An Insider’s Perspective

Last week, I had the opportunity to participate in the Office of the Director of National Intelligence’s 12th Annual Intelligence Community Legal Conference to discuss acquisition reform with some of the top government...more

Sheppard Mullin Richter & Hampton LLP

Materiality Part IV: Labels Matter, But Not As Much As They Used To

Before Escobar, some courts held that implied certification cases could survive a motion to dismiss only if the statute, regulation, or contractual provision that was allegedly violated was a “condition of payment,” as...more

Sheppard Mullin Richter & Hampton LLP

Escobar’s Demanding Materiality Standard Nixes $350 Million Verdict Against Florida Nursing Facility

A Florida federal court threw out a $350 million jury verdict against a nursing facility, citing the Supreme Court’s landmark decision in Universal Health Services, Inc. v. United States ex rel. Escobar. The court explained...more

Akin Gump Strauss Hauer & Feld LLP

New Court of Federal Claims Decision Is an Opportunity for Prospective Bidders

• A potential offeror may have jurisdiction to protest a government insourcing decision at the Court of Federal Claims. • This issue will likely need to be resolved by the Court of Appeals for the Federal Circuit. ...more

Hogan Lovells

McDowell v. CGI Federal Inc.: A Stark Reminder to Government Contractors of their Cybersecurity Obligations

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On June 1, 2017, the United States District Court for the District of Columbia issued a decision in a class action lawsuit, McDowell v. CGI Federal Inc., Civ. Action No. 15-1157 (GK) (D.D.C. 2017), which could have...more

Carlton Fields

Eighth Circuit Holds That A Motion To Dismiss Based On An Arbitration Clause Is Not A Challenge To The Court’s Jurisdiction

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A municipality sued the company that constructed its water treatment facility, in connection with contaminants found in the water supply. The parties had entered into a series of agreements which contained choice of law and...more

Troutman Pepper

Lessons From a Year of Escobar

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It has been one year since the U.S. Supreme Court’s landmark ruling in Universal Health Services v. United States ex rel. Escobar, which resolved a circuit split as to the validity of the implied false certification theory...more

Foley & Lardner LLP

CMS Revokes Billing Privileges for Competitive Bid Supplier

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The Centers for Medicare and Medicaid Services (CMS) has demonstrated that it will not hesitate to use one of its most crippling administrative enforcement tools—the revocation of Medicare billing privileges—against one of...more

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