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McCarter & English, LLP

Compliance Note - October 11 2024

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Does your company have a government contract or plan to seek business with a government entity in New Jersey? If so, it is essential to understand the rules that could result in the breach of an existing contract and the...more

Dunlap Bennett & Ludwig PLLC

Preparing To Bid On Government Contracts: An Entry Guide For Veteran Small Business Owners

For veteran small business owners interested in bidding on federal and/or state government contracts, this article outlines the basic steps for: 1. Registering with the federal government’s System Award Management site...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Criminal Enforcement/Lead Service Line Replacement: U.S. Department of Justice Charges Two New Jersey Individuals with Conspiracy...

The United States Department of Justice (“DOJ”) filed a criminal complaint against Michael Sawyer and Latronia Sanders of New Jersey for their alleged roles in a conspiracy to commit wire fraud. The alleged wire fraud is...more

Wiley Rein LLP

DOJ’s Corporate Whistleblower Pilot Program Hits the Ground Running: Is Your Compliance Program Ready?

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The U.S Department of Justice’s (DOJ or Department) Corporate Whistleblower Awards Pilot Program (Pilot Program) has hit the ground running, reportedly triggering more than 100 reports since it went live on August 1, 2024....more

Wiley Rein LLP

Ding-Dong the Qui Tam Relator Is Dead? Novel FCA Decision Could Change How False Claims Are Prosecuted

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Years from now, might we cite a recent Middle District of Florida decision as the beginning of the end of the False Claim Act’s (FCA) qui tam provision in its current form? In granting the defendants’ motion for judgment on...more

Wiley Rein LLP

New DOD Rules on Contractor Reporting and Mitigating Foreign Ownership, Control or Influence for Unclassified Contracts

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As a result of a broader U.S. government effort to address supply chain vulnerabilities, Congress passed a new law focused on U.S. Department of Defense (DOD) contracting with certain entities that operate under foreign...more

Brooks Pierce

Brooks Pierce Capital Dispatch: Legislators Approve Initial Helene Relief Package

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Legislators returned to Raleigh on Wednesday and passed a disaster relief bill (H 149) primarily focused on Hurricane Helene damage. Legislators indicated they expect to return to Raleigh on October 24 and may consider...more

Wiley Rein LLP

DOD Issues Proposed Rule to Address Conflicts of Interest for Certain Consulting Services

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Last week, the U.S. Department of Defense (DOD) published a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a statutory prohibition on DOD awarding contracts with...more

Wiley Rein LLP

Small Business Recertification: Key Issues Under SBA’s Recent Proposes Changes

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The U.S. Small Business Administration (SBA) recently issued a proposed rule that covers a variety of topics that will be of interest to small- and large-business government contractors, touching on requirements for the...more

Wiley Rein LLP

Five Lessons From Framaco Litigation: How Construction Contractors Can Best Position Themselves Before Filing Claims

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A string of recent decisions issued by the Civilian Board of Contract Appeals (CBCA) provide helpful reminders for construction contractors that have encountered difficulties in performance and are seeking relief from the...more

Wiley Rein LLP

Bid Protest Lessons Learned From Oak Grove Technologies

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With another government fiscal year in the books, contractors may be anticipating the next season of bid protests. The Federal Circuit’s recent decision in Oak Grove Technologies v. United States offers a timely set of...more

Wiley Rein LLP

SAM Registered I Am Part 3: A Journey Through the Recent Case Law, Practical Tips and Guidance for Registering in SAM, and...

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We have actively monitored the drum beat of bid protest decisions addressing lapses in an offeror’s System for Award Management (SAM.gov or SAM) registration and their impact on an offeror’s eligibility for award. More recent...more

Locke Lord LLP

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, 2024, Judge Kathryn Kimball Mizelle held that the qui tam provision of the FCA violates the Appointments Clause of the United States Constitution because False Claims Act (“FCA”) relators are acting as...more

Harris Beach PLLC

Key Considerations for Selling AI Software to the Government

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The federal government is the biggest purchaser in America and that extends to the SaaS space. On September 24, 2024, the Office of Management and Budget (OMB) released Memorandum M-24-18, offering updated guidelines for the...more

Vinson & Elkins LLP

Supreme Court Declines to Revisit Limitations on Anti-Kickback Statute: What This Means for Enforcement of Corruption, Kickbacks...

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On October 7, 2024, the U.S. Supreme Court declined to hear a case concerning the “willfulness” element of the Anti-Kickback Statute (the “AKS”). This decision leaves intact a recent Second Circuit holding, which established...more

Baker Botts L.L.P.

OMB Issues New Guidance on Acquisition of AI in the Federal Government

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The Office of Management and Budget (OMB) has released Memorandum M-24-18, introducing new requirements and guidance for federal agencies on the responsible acquisition of artificial intelligence (AI). This memorandum aims to...more

Faegre Drinker Biddle & Reath LLP

Zafirov Ruling Strikes Down FCA Whistleblower Suits in Middle District of Florida

The Zafirov Ruling and Whistleblowers of Fraud - On September 30, 2024, a federal district court in Florida ruled that the False Claims Act (FCA) violates the U.S. Constitution when it permits private citizens to sue on...more

Baker Donelson

Landslides and Slope Failures: Navigating FEMA Eligibility in the Wake of Hurricane Helene

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Landslides and slope failures resulting from disasters cause millions of dollars in damage to infrastructure each year. Following a disaster, funding for repair and restoration of infrastructure, including roads and bridges,...more

Arnall Golden Gregory LLP

Outlier or Harbinger: District Court Declares FCA Qui Tam Provisions Unconstitutional

The federal False Claims Act (“FCA”) is the United States’ primary civil tool for prosecuting fraud against the government. It was enacted in 1863 during the Civil War and, from its inception, has included qui tam provisions...more

Faegre Drinker Biddle & Reath LLP

DOJ Targets Telemedicine Companies for Additional False Claims Act Recoveries

Telemedicine, which has been a fertile source of criminal prosecutions for federal prosecutors in recent years, is increasingly generating federal False Claims Act cases. This development is hardly surprising as the U.S....more

Akin Gump Strauss Hauer & Feld LLP

California to Increase State Pay-to-Play Limit in 2025

Last week, California Governor Gavin Newsom signed a new law that amends key provisions of the state’s pay-to-play statute which limits political contributions by state and local contractors and their agents....more

Wiley Rein LLP

[Webinar] Best Practices in Cyber Preparedness - October 23rd, 12:00 pm - 1:00 pm EDT

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We invite you to join us for an insightful webinar on Best Practices in Cyber Preparedness for Government Contractors and Critical Infrastructure Operators on Wednesday, October 23, 2024, from 12:00 p.m. – 1:00 p.m. EDT....more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – October 2024 #2

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Department of Health and Human Services (HHS) Interim Final Rule: Adoption of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards - On October 2, HHS published an interim...more

Axinn, Veltrop & Harkrider LLP

Presidents and Precedents May Direct Khan’s Future Course

Federal Trade Commission Chair Lina Khan's term as a member of the commission technically expires on Sept. 25. This does not mean she has to pack her bags. Instead, several scenarios could unfold. It is conceivable that...more

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

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