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Cost Accounting Board Issues Advance Notice of Proposed Rulemaking to Conform Certain CAS Standards to Generally Accepted...

On June 27, 2024, the Office of Federal Procurement Policy’s Cost Accounting Standards (CAS) Board issued an advanced notice of proposed rulemaking (ANPRM) seeking public comments on proposed changes to the Cost Accounting...more

DOJ False Claims Act Statistics Feature Record Numbers, Familiar Industries and New Initiatives for FY 2023

On February 22, 2024, the Department of Justice (“DOJ”) reported its annual recoveries under the False Claims Act (“FCA” or “the Act”) for Fiscal Year (“FY”) 2023, in which it recovered more than $2.68 billion in settlements...more

Don’t Leave Me Twisting in the Wind: ASBCA Paves Way for Potential Subcontractor Recovery for Pandemic-Related Claims

In a significant ruling, the Armed Services Board of Contract Appeals "(Board)" denied a government motion to dismiss claims from McCarthy HITT - Next NGA West JV, a joint venture under contract with the US Army Corps of...more

FAR Council Proposes Revisions to Suspension and Debarment Rules

Suspension and debarment are among the most powerful administrative remedies the Government has at its disposal to address non-compliance with laws and regulations, and to protect the Government’s business interests....more

Federal Circuit Nullifies Sum Certain Contract Disputes Act Jurisdictional Defense

In ECC Int’l Constructors, LLC v. Sec’y of Army, No. 2021-2323, 2023 WL 5355302 (Fed. Cir. Aug. 22, 2023), the U.S. Court of Appeals for the Federal Circuit considered whether the Federal Acquisition Regulation (“FAR”)...more

Supreme Court to Resolve Whether “Objectively Reasonable” Interpretation of Legal Obligation Insulates Defendants from False...

Seyfarth Synopsis: On January 13, 2023, the United States Supreme Court granted certiorari on a pair of hotly contested Seventh Circuit decisions, paving the way for a decision that will dramatically impact the way in which...more

Department of Defense’s Proposed Rule Would Change SBIR/STTR Data Rights and Markings Rules

On December 19, 2022, the Department of Defense ("DOD") issued a proposed rule seeking to amend the Defense Federal Acquisition Regulation Supplement (“DFARS”) to implement the data rights portions of recent Small Business...more

New Law Seeks to Overhaul Organizational Conflict of Interest Regulatory Framework

There has been much discussion over the past decade about overhauling the regulations regarding Organizational Conflicts of Interest (“OCI”) in federal acquisition. After one admirable attempt failed, Congress has recently...more

Court of Federal Claims Maintains Jurisdiction Over Other Transaction Agreement

Like the James Webb telescope expanding our understanding of the universe, the Court of Federal Claims (“COFC”), in Hydraulics International, Inc. v. United States (Fed. Cl., Aug. 8, 2022), expanded the government procurement...more

Fraud and Forfeiture: Cautionary Tales of a Construction Claim Gone Wrong

In Lodge Construction, Inc. v. United States, the US Court of Federal Claims (“COFC”) prefaced its 46-page opinion by stating: “This case should serve as a cautionary tale to government contractors.” Our ears perk up any time...more

Surety Liability Under the False Claims Act

The federal Miller Act requires government construction contracts over $100,000 to be bonded. This process involves insurance companies, known as “sureties,” who issue payment or performance bonds to contractors, who in turn...more

Read the Fine Print: Does Your Bid Bond Cover Substitute Performance Costs?

The Federal Acquisition Regulation ("FAR") contains numerous standard and optional forms for use in acquisitions. A standard form (SF) is considered mandatory. For instance, any bilateral or unilateral modification to a...more

Fourth Circuit Adopts Objective Reasonableness Standard in Determining Scienter Element of the False Claims Act

The Fourth Circuit, in United States ex rel. Sheldon v. Allergan Sales, LLC, No. 20-2330, 2022 WL 211172 (4th Cir. Jan. 25, 2022) recently upheld the dismissal of False Claims Act (“FCA”) lawsuit brought by a quit tam relator...more

DOJ Reports False Claims Act Recoveries for Fiscal Year 2021

After reporting its lowest annual recovery from False Claim Act (“FCA”) cases in Fiscal Year (FY) 2020, the Department of Justice (“DOJ”) has reportedly bounced back. On February 1, 2021, DOJ released detailed statistics...more

Federal Acquisition Regulatory Council Expands Scope of Federal Contractor COVID-19 Vaccine Mandate

On Friday, October 1, 2021, a full week ahead of its October 8 deadline, the Federal Acquisition Regulatory Council (“FAR Council” or “Council”) issued a Federal Acquisitions Regulation (“FAR”) deviation contract clause that...more

It’s Finally Here! And it Applies Broadly: The Safer Federal Workforce Task Force Releases Safety Guidance for Federal Contractors

As directed by President Biden’s September 9, 2021 Executive Order 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors,” today the Safer Federal Workforce Task Force issued workplace safety guidance...more

Proposed Rule Seeks Major Changes to Buy American Requirements

The Biden-Harris Administration recently made another step forward in bolstering American manufacturing, and by extension American national and economic security. Billed as the “most robust changes to the implementation of...more

More Enforcement is on the Way: The COVID-19 Fraud Enforcement Task Force

Since the dawn of the historic COVID-19 relief packages, which have doled out approximately $2.6 trillion to date (with more to be spent), the federal government has made no secret of the fact that it intends to ferret out...more

US Court of Federal Claims Clarifies the Statute of Limitations for CDA Anti-Fraud Claims

While most federal contractors are eminently familiar with the False Claims Act (“FCA”)—government’s most potent weapons for prosecuting false claims—the anti-fraud provision of the Contract Disputes Act (“CDA”) does not...more

Biden Administration Issues Executive Order 14005 Aimed at Strengthening Made in America Laws

Executive Order 14005 - Not even one week into the Biden Administration’s tenure, Buy American rules are yet again taking center stage as a fundamental policy objective. On January 25, 2021, President Biden issued...more

DOJ Reports False Claims Act Recoveries for Fiscal Year 2020

No one was immune from the impacts of the COVID-19 pandemic in 2020, and that includes the Department of Justice (“DOJ”). After years of steady decline in False Claims Act (“FCA”) recoveries, DOJ reported its lowest annual...more

Money for Nothing—Except Potential False Claims Act Liability

CARES Act - The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act (P.L. 116-136) was passed by Congress and signed into law by President Trump on March 27, 2020. The CARES Act provides over $2 trillion of...more

Department of Justice Issues Updated Guidance on Evaluation of Corporate Compliance Programs

On June 1, 2020, the Criminal Division of the US Department of Justice (“DOJ”) released  an updated guidance document for white-collar prosecutors on the evaluation of corporate compliance programs....more

Civilian Board of Contract Appeals Decision Provides Guidance to Contractors Seeking to Recover Additional Costs Due to COVID-19

While the global economy grinds to a halt over spread of the novel coronavirus (COVID-19) and people disband amidst calls for “social distancing,” these are uncertain times to say the least....more

DOD Issues Class Deviation and Implementation Guidance for CARES Act Section 3610 Authorizing Potential Recovery by Federal...

On April 8, 2020, the Department of Defense (“DOD”) issued Class Deviation Number: 2020-00013 authorizing Contracting Officers (“COs”) to deviate from the principles listed in Federal Acquisition Regulation (“FAR”) Part 31...more

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