Notable Headlines -
False Claims Act -
It used to be rare for the Supreme Court to hear False Claims Act cases. It’s a lot less rare now. On April 18, the Supreme Court heard argument concerning two Seventh Circuit...more
5/18/2023
/ Bid Protests ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Contractors ,
GAO ,
General Services Administration (GSA) ,
Pharmaceutical Industry ,
SBA ,
Scienter ,
SCOTUS ,
Settlement ,
US ex rel Thomas Proctor v Safeway Inc ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
Legislative Update -
Defense Federal Acquisition Regulation Supplement: Use of Supplier Performance Risk System (SPRS) Assessments (DFARS Case 2019–D009)
DoD issued a final rule amending the DFARS to update the policy...more
4/18/2023
/ Amended Regulation ,
Bid Protests ,
Centers for Medicare & Medicaid Services (CMS) ,
Contractors ,
Data Privacy ,
DFARS ,
Federal Contractors ,
Final Rules ,
FOIA ,
Legislative Agendas ,
NIST ,
Policies and Procedures ,
Privacy Laws ,
Risk Assessment
Claims Cases Aries Construction Corp. v. United States, No.22-166C (February 21, 2023)
- Court of Federal Claims Judge Schwartz issued an opinion discussing the relationship between the Contract Disputes Act (CDA) claim...more
4/17/2023
/ Appeals ,
Bid Protests ,
Biden Administration ,
Contract Disputes ,
Contract Disputes Act ,
Contractors ,
False Claims Act (FCA) ,
Federal Contractors ,
GAO ,
Inflation Adjustments ,
Penalties ,
Suspensions & Debarments
Investigations and Enforcement -
Future Implications of Low Dollar False Claims Act Recoveries for FY2022, Jenner & Block (February 9, 2023)
The DOJ has released its summary of False Claims Act recoveries for Fiscal Year...more
FOIA -
Citizens for Responsibility and Ethics in Washington v. United States, No. 21-5276 (D.C. Cir. January 31, 2023)
The DC Circuit clarified what information an agency may properly withhold under FOIA’s Exemption...more
Legislative Update -
The Biden Administration’s Fall 2022 Regulatory Agenda was issued earlier this month. These items provide advanced warning of impending regulatory changes as well as an opportunity to become involved...more
1/24/2023
/ Bid Protests ,
Buy American Act ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
DFARS ,
Enforcement ,
False Claims Act (FCA) ,
Investigations ,
Legislative Agendas ,
NDAA ,
NISPOM ,
Transparency
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
1/10/2023
/ Bid Protests ,
Biden Administration ,
Conflicts of Interest ,
Corporate Monitoring ,
Department of Justice (DOJ) ,
Federal Acquisition Regulations (FAR) ,
Federal Supply Schedule (FSS) ,
General Services Administration (GSA) ,
Legislative Agendas ,
Securities and Exchange Commission (SEC) ,
Solicitation
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
12/15/2022
/ Appeals ,
Bid Proposals ,
Bid Protests ,
Competition ,
Compliance ,
Contracting Procedures ,
Corporate Counsel ,
Court of Federal Claims ,
Debriefing ,
Department of Justice (DOJ) ,
Federal Acquisition Regulations (FAR) ,
GAO
Yesterday, the Government Accountability Office (GAO) released its Bid Protest Annual Report to Congress for Fiscal Year 2022. The statutorily mandated report contains an array of information about GAO’s bid protest forum...more
On March 18, 2022, the Department of Defense (DoD) issued a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to mandate that DoD provide enhanced postaward debriefings to contractors. As we...more