Navigating GSA Audits Compliance Strategies and Best Practices
DE Under 3: New Data Collection Burdens, NLRB’s Ruling Regarding Union Election Dismissals, and OMB’s Tech Modernization Fund
Shoot for the STARS: Q&A with SBA’s John Klein on GSA's 8(a) STARS III RFP
Welcome to the July edition of Akin Intelligence. This month, United States agencies released several key pieces of artificial intelligence (AI) guidance, including patent eligibility guidance from the United States Patent...more
False Claims Act Update - The Department of Justice reported sharply increased False Claims Act recoveries for government fiscal year 2023. Settlements and judgements dramatically increased from the fiscal year 2022...more
On January 20, 2023, the U.S. District Court for the District of Columbia entered a judgment in the amount of $1,679,450.16 in favor of the U.S. (the government ) in a False Claims Act (FCA) litigation against Gen Digital,...more
Focus on SBA’s SBIC Program, Part 3: Demystifying the Intricacies of the SBIC Application Process - The Small Business Investment Company (SBIC) program is emerging as a powerful financial tool for small business...more
The Cybersecurity and Infrastructure Security Agency (CISA) has released a revised draft of its Secure Software Development Attestation Common Form ("Form"). The Form, once finalized, will obligate vendors providing software...more
Last month, the Federal Acquisition Regulatory Council proposed new cybersecurity and incident reporting regulations for federal contractors on behalf of the Department of Defense (DoD), the General Services Administration...more
Two years after the Department of Justice (DOJ) established its Civil-Cyber Fraud Initiative, there has been a recent uptick in enforcement and regulatory activity related to cybersecurity. September opened with the unsealing...more
Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more
Reducing the Negative Impacts of a Government Shutdown for Federal Contractors - Once again, the specter of a government shutdown looms over the federal contracting community. The federal government is set to run out of...more
On September 5, the Department of Justice (DOJ) settled allegations under the False Claims Act against Verizon Business Network Services LLC, a telecommunications provider. The settlement emphasizes the DOJ’s continued...more
Arkansas Men Convicted in $18 Million Global Investment Fraud Conspiracy - A federal jury in the Western District of Arkansas convicted four men of conspiracy to commit wire fraud, wire fraud, and conspiracy to commit money...more
Debt Ceiling and Spending Deal: H.R. 3746 – Fiscal Responsibility Act of 2023 - The Fiscal Responsibility Act of 2023, signed by President Biden on June 3, 2023, increases the federal debt limit, establishes new...more
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
Pentagon Wants Authority to Start Work on New Technologies Without Congressional Approval - In recent years, Congress has passed several pieces of legislation meant to speed up the Defense Department’s (DOD) acquisition...more
LITIGATION & DISPUTE RESOLUTION - The FCA at the Supreme Court, Part 2 of 4: Addressing the Standard for Knowingly Submitting a False Claim - The False Claims Act (FCA) is seeing quite a bit of action at the Supreme...more
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
GOVERNMENT CONTRACTS - 2022 GAO Bid Protest Annual Report: Key Takeaways for Government Contractors - The Government Accountability Office (GAO) recently released its 2022 Bid Protest Annual Report (Report), which...more
GOVERNMENT CONTRACTS - Prohibition on Use or Delivery of Chinese Telecommunications and Video Surveillance Products and Services: The Potential Link Between Section 889 of the 2019 NDAA and Section 1260H of the 2021 NDAA,...more
Memorandum of Understanding Between DOJ and the NLRB - The Justice Department’s Antitrust Division and the National Labor Relations Board signed a memorandum of understanding with the goal of better protecting competitive...more
On Friday, May 13, 2022, the Department of Justice announced that it reached a settlement with Hensel Phelps Construction Company (“Hensel Phelps”) over allegations that the company had, in violation of the False Claims Act,...more
GOVERNMENT CONTRACTS - OMB Issues Guidance about Buy America Preference in Federal Infrastructure Contracts - The Office of Management and Budget (OMB) issued new guidance to help federal agencies implement the...more
GOVERNMENT CONTRACTS - GSA Releases Polaris Q&A Signaling Key Changes in Upcoming RFPs, - GSA recently released a Q&A in anticipation of the first two Polaris Requests for Proposals (RFPs). GSA anticipates the RFPs for...more
LABOR & EMPLOYMENT - Federal Agencies Can Relax Their Mask and Testing Requirements - Government Executive reported that federal agencies can relax their mask and testing protocols in the wake of new public health...more
GOVERNMENT CONTRACTS - House Passes Stopgap Bill to Prevent Shutdown - The Hill reported that the House passed a stopgap measure to extend federal government funding until March 11, 2022, to prevent a shutdown next week...more
DOJ Recovers Over $5.6 Billion From Fraud and False Claims Act Matters in FY 2021: 6 Key Takeaways - On February 1, 2022, the U.S. Department of Justice (DOJ) announced that it had recovered more than $5.6 billion in Fiscal...more