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Latham & Watkins LLP

Middle District of Florida Accepts Justice Thomas’s Invitation: FCA Qui Tam Provision Unconstitutional

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The Zafirov decision finds that the False Claims Act qui tam provision violates Article II of the US Constitution. On September 30, 2024, in United States ex rel. Zafirov v. Florida Medical Associates LLC, Judge Kathryn...more

Nossaman LLP

Federal Court Enjoins Race- and Gender-Based Classifications in USDOT DBE Program

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On September 23, 2024, the United States District Court for the Eastern District of Kentucky (the “Court”) issued an Opinion and Order in Mid-America Milling Co., LLC, et al., v. U.S. Department of Transportation, et. al.,...more

Troutman Pepper

The Beginning of the End for False Claims Act Qui Tam Cases? Florida District Judge Holds Whistleblower Provisions...

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On September 30, Judge Kathryn Kimball Mizelle held that the qui tam provision of the False Claims Act (FCA) violates the Appointments Clause of the U.S. Constitution because FCA relators are acting as “officers of the U.S.”...more

Brownstein Hyatt Farber Schreck

Lessons Offered by Deficient Proposal Expelled from GSA Task Order Competition

Beyond their immediate purpose of resolving procurement disputes, bid protest decisions of the Government Accountability Office (GAO) and the U.S. Court of Federal Claims are valuable in two other ways. First, these rulings...more

Morrison & Foerster LLP - Government...

DOD Dusts Off Other Transactions (OT) Regulations

On September 4, 2024, the U.S. Department of Defense (DoD) issued a proposed rule to update its longstanding but little-known regulations for prototype other transactions (OTs), including new sections that authorize follow-on...more

Jackson Lewis P.C.

Federal Contractors Should Prepare for 2025 Minimum Wage Hike as Legal Challenges Unfold

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Federal contractors may need to be prepared to increase pay for employees working on, or in connection with, covered federal government contracts. The hourly minimum wage for employees performing work on federal contracts...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Court Issues Injunction to Prevent Presumptive Gender and Race Preferences for DOT Contracts Within Kentucky and Indiana

With the recent Supreme Court decision ending affirmative action in college admissions, similar statutory presumptions of disadvantage, such as DOT’s DBE program, are susceptible to similar challenge. The Court issued a...more

Troutman Pepper

Federal Cybersecurity Requirements Ought Not Be Ignored by Contractors

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Since 2016, the federal government has implemented numerous procurement regulations and associated contract clauses to address cybersecurity by requiring contractors to adopt various controls and standards to protect...more

Bass, Berry & Sims PLC

New Organizational Conflict of Interest Regulations Coming Soon

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On September 19, the Government Accountability Office (GAO) issued a report highlighting a gap in current Organizational Conflicts of Interest (OCIs) restrictions. According to the report, the Federal Acquisition Regulation...more

BakerHostetler

[Podcast] The Cloakroom with Peter Roskam: Featuring Congresswoman Ashley Hinson, R-IA

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Former Congressman Peter Roskam, who leads BakerHostetler’s Federal Policy team, provides listeners with a front-row seat to the most important policy and political debates in Congress. In this episode of “The Cloakroom with...more

Venable LLP

A "Tsunami of Lawsuits Against Agencies"? Taking Stock of the Post-Chevron Government Contracting World

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The U.S. Supreme Court's blockbuster decision in Loper Bright Enterprises v. Raimondo overruled a 40-year-old case (Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.) that required courts to defer to agencies'...more

Best Best & Krieger LLP

California Updates Levine Act “Pay to Play” Campaign Contribution Restrictions for 2025

Governor Newsom signed a bill on September 30 that will update the State’s “pay to play” campaign contribution law commonly known as the “Levine Act” starting on January 1, 2025. The Levine Act currently prohibits agency...more

DCI Consulting

OMB Approves Monthly Data Collection from Construction Companies

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The Office of Management and Budget (OMB) has given final approval to a monthly data collection from construction companies. The Office of Federal Contract Compliance Programs (OFCCP) had requested this data collection in...more

Goodwin

Florida District Court Concludes FCA’s Qui Tam Provision Is Unconstitutional

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On September 30, 2024, a federal judge for the Middle District of Florida issued a groundbreaking decision invalidating the qui tam provision of the False Claims Act (“FCA”) as unconstitutional because the relator (or...more

PilieroMazza PLLC

[Webinar] ABCs of the SCA: Critical Path Service Contract Act Training for Government Contractors - October 22nd - 24th, 2:00 pm -...

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For contractors and subcontractors providing certain services to the federal government, compliance with the Service Contract Act (or Service Contract Labor Standards) is required. Unique bidding and performance requirements...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Debriefings, Timeliness, Documentation

This article is part of a monthly column that provides takeaways from recent bid protest cases. In this installment, we highlight decisions from the U.S. Court of Appeals for the Federal Circuit, the U.S. Government...more

Proskauer - Health Care Law Brief

Relator, No More?  Florida Federal Court Declares Qui Tam Provisions of False Claims Act Unconstitutional, with Potentially Broad...

On September 30, 2024, the U.S. District Court for the Middle District of Florida issued an order dismissing a qui tam case under the False Claims Act (“FCA”) and holding the relator provisions of the FCA to be...more

Holland & Knight LLP

Department of Defense Announces New Loan Program for Critical Technology Projects

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The U.S. Department of Defense's (DOD) Office of Strategic Capital (OSC) on Sept. 27, 2024, published a Notice of Funding Availability (NOFA) that would make up to $984 million in loans available for a range of projects that...more

Bass, Berry & Sims PLC

False Claims Act Settlements to Know from Q3 2024

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The third quarter of this year brought numerous high-dollar False Claims Act (FCA) settlements involving a variety of industries and alleged conduct. Below are noteworthy resolutions that reflect recent enforcement trends....more

McDermott Will & Emery

Special Report: Preparing for CIRCIA’S Reporting Requirements and Avoiding Its Harsh Penalties

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The US Cybersecurity and Infrastructure Security Agency (CISA) recently published a Notice for Proposed Rulemaking intended to supplement the Cybersecurity Incident Reporting for Critical Infrastructure Act (CIRCIA). The...more

Wiley Rein LLP

OMB Requirements for AI Acquisition Will Impact Government Contractors

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WHAT: On September 24, 2024, the Office of Management and Budget (OMB) issued Memorandum M-24-18, which prescribes requirements and guidance on the responsible acquisition of artificial intelligence (AI) in the federal...more

McCarter & English, LLP

Compliance Note - October 4 2024

Almost all individuals who are running for public office in New Jersey in the upcoming general election have to file a report with the Election Law Enforcement Commission by Monday, October 7....more

Littler

New OFCCP Construction Scheduling Letter and Itemized Listing

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On October 2, 2024, U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a new Construction Scheduling Letter and Itemized Listing, OMB NO. 1250-0001 (“Construction Scheduling Letter”)....more

Epstein Becker & Green

DOJ’s First Civil Cyber-Fraud Initiative Litigation Serves as Warning to Government Contractors Who Fail to Abide by Contractual...

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On August 22, 2024, the United States Department of Justice (“DOJ”) filed a complaint-in-intervention in a whistleblower lawsuit brought against Georgia Institute of Technology (“Georgia Tech”) and Georgia Tech Research...more

Potomac Law Group, PLLC

What DBE Owners Need to Know About Delegation

If you own a business and want to qualify as a socially and economically disadvantaged owner (SEDO) for the U.S. Department of Transportation's Disadvantaged Business Enterprise (DBE) or Airport Concession Disadvantaged...more

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