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
Like the COVID-19 virus, COVID-related contract claims have not gone away. In “Contracting in the Fog of War: Recovering Costs Caused by an Epidemic,” we reported on Pernix Serka Joint Venture v. Department of State, CBCA...more
This month's bid protest spotlight considers two recent protests.
J.E. McAmis Inc. v. U.S. is an important decision by the U.S. Court of Federal Claims concerning the court's lack of authority to review the U.S. Small...more
4/18/2023
/ Bid Protests ,
Court of Federal Claims ,
Cybersecurity ,
Department of Veterans Affairs ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
SBA ,
Self-Certification ,
Small Business Jobs Act ,
US Army Corps of Engineers
On Friday, January 13, the Supreme Court agreed to consider whether the False Claims Act (“FCA”) covers compliance lapses tied to regulatory interpretations that are incorrect but “objectively reasonable.” The Supreme Court...more
1/18/2023
/ Billing ,
Certiorari ,
False Claims Act (FCA) ,
Fraud ,
Medicare ,
Misrepresentation ,
Oral Argument ,
Reckless Disregard ,
Scienter ,
SCOTUS ,
Statutory Interpretation
This month’s Bid Protest Roundup considers two recent protests: (1) an important decision by the U.S. Government Accountability Office (GAO) concerning the awardee’s misrepresentation of the availability of key personnel, and...more
There has been significant uncertainty as to where a company can protest an Other Transaction (“OT”) award. As we previously reported, cases such as SpaceX, MD Helicopter, and Kinemetrics have provided useful data points. The...more
The U.S. Supreme Court has agreed to consider whether the Government can dismiss a False Claims Act (“FCA”) lawsuit pursuant to 31 U.S.C. § 3730(c)(2)(A) over the Relator’s objections after initially choosing not to intervene...more