False Claims Act - When Does Embellishing Become Fraud?
Bar Exam Toolbox Podcast Episode 175: Listen and Learn -- Inchoate Offenses (Criminal Law)
Employment Law This Week®: Social Media and Solicitation, Washington State’s New Leave Law, Joint-Employer Legislation, Underwriters Entitled to Overtime
On September 10, the Court of Federal Claims (COFC) issued an opinion in Zolon PCS II, LLC v. United States, holding that the National Geospatial-Intelligence Agency (NGA or Agency) unreasonably issued a deviation from FAR...more
This article is part of a monthly column that provides takeaways from recent bid protest cases. This installment highlights three decisions from the U.S. Government Accountability Office. Each of this month's decisions...more
This month’s Bid Protest Roundup highlights a trio of U.S. Government Accountability Office (GAO) decisions. The first decision, Deloitte Consulting, highlights the risk of severing a teaming partner after quote submission....more
This month’s bid protest roundup highlights one decision from the U.S. Court of Appeals for the Federal Circuit and two decisions from the U.S. Government Accountability Office (GAO)....more
The general rule (FAR 14.404-1(a)) is that – once a solicitation is put out for bid – the agency must award the contract to the responsible bidder with the lowest responsive bid. However, as is usually the case, there are...more
This month's protest spotlight highlights three decisions by the U.S. Government Accountability Office. The decisions feature arguments that unsuccessful offerors often want to make, but that are rarely successful, as well as...more
Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more
The Court of Federal Claims (COFC) recently interpreted FAR Clause 52.204-7, which requires offerors to register in the System for Award Management (SAM), to indicate that even a slight lapse in a contractor’s SAM...more
On Monday, May 22, 2023, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) issued its decision in M.R. Pittman Group, LLC v. United States, Case No. 21-2325, in which it overturned years of precedent...more
As most government contractors have experienced firsthand, procuring agencies routinely engage in a wide variety of communications after bids have been submitted. On occasion, these exchanges are quite minor and afford an...more
The Government Accountability Office recently returned to the subject of the unavailability of key personnel listed in contract proposals. ASRC Federal Data Solutions, B-421008, December 2, 2022, 2022 CPD ¶ 294, is a bid...more
Over the last few years, the government has shifted away from lowest price technically acceptable valuations placing a larger importance on past performance. The past performance requirement can sometimes create obstacles for...more
Winning government contracts often comes down to who you have on your team. It should come as no surprise then that government agencies have placed increasing emphasis on key personnel as an evaluation factor in best value...more
Preventing Organizational Conflict of Interest Federal Acquisition Act, P.L. No 117-324 (January 3, 2023) The FAR 9.5 OCI provisions have been out-of-step with practice for well over a decade. Government and private...more
We notice a recent uptick in agencies employing an unusual evaluation method – the “advisory down select” – that places offerors in an awkward position when deciding whether, and when, to protest. Given its increasing...more
In this month’s bid protest roundup, we consider: (1) an exception to the normal rule governing reliance on affiliate experience and past performance; and (2) two different bid protests of very similar solicitation terms that...more
An interesting problem arose in a procurement for the acquisition of audit support services. The solicitation stated that an offeror’s Federal Supply Schedule (FSS) Contract Labor Categories (LCATs) must “align precisely”...more
In a case of first impression, the U.S. Court of Appeals for the Federal Circuit recently ruled in SEKRI, Inc. v. U.S., No. 21-1936 (May 13, 2022), that a non-profit agency that was the sole mandatory source for a specific...more
In the seminal decision Blue & Gold Fleet, L.P. v. United States, the U.S. Court of Appeals for the Federal Circuit held that “a party who has the opportunity to object to the terms of a government solicitation containing a...more
The U.S. Court of Appeals for the Federal Circuit, in SEKRI, Inc. v. United States, recently added to the growing body of case law that has declined to extend the scope of the Blue & Gold waiver rule...more
This month’s roundup considers three recent protests: (1) an important decision by the Court of Federal Claims rejecting controversial precedents of the U.S. Government Accountability Office (GAO) concerning key personnel...more
This month’s Law360 Bid Protest Roundup focuses on two Government Accountability Office (GAO) decisions and one recent Federal Circuit decision. These decisions involve (1) the risks of using former government employees in...more
In June 2007, the U.S. Court of Appeals for the Federal Circuit held that a party who fails to object to patent errors in a solicitation before the conclusion of the bidding process waives those objections. Blue & Gold Fleet,...more
Often, a disappointed offeror has reason to believe that an awardee cannot meet the solicitation requirements. In these instances, the offeror may initiate a bid protest alleging noncompliance as a basis for contesting the...more
This month’s Law360 Bid Protest Roundup focuses on two recent decisions by the U.S. Government Accountability Office (GAO) and one decision from the U.S. Court of Federal Claims (COFC). These decisions involve (1) the...more