President Trump’s administration has brought, and continues to bring, sweeping changes to the government contracting landscape. From the Revolutionary FAR Overhaul to promoting commercial purchasing and use of non-traditional contracting vehicles such as Other Transaction Agreements and Commercial Solutions Openings, contractors have been required to rapidly make changes and adjust to a significantly changing environment.... Continue Reading…More

In Life Science Logistics, LLC v. United States,[1] the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed that a disappointed bidder challenging an agency’s override of a Competition in Contracting Act (“CICA”) stay must only show the override was arbitrary and capricious. The court rejected the government’s argument that the plaintiff must... Continue Reading…More

This is the fourth blog in a series on the False Claims Act (FCA), 31 USC §§ 3729, et seq., which targets any person that knowingly submits false claims for payment or false statements material to false claims to the US government. You can check out our previous posts here: part 1, part 2, and part... Continue Reading…More

As required by the Competition in Contracting Act (CICA), the U.S. Government Accountability Office (GAO) recently published its Annual Bid Protest Report to Congress for Fiscal Year (FY) 2025.[1] Each year, the Comptroller General must report to Congress on (1) any instance in which a federal agency failed to fully implement GAO’s recommendation during the... Continue Reading…More

This is the third blog in a series on the False Claims Act (FCA), 31 USC §§ 3729, et seq., which targets any person that knowingly submits false claims for payment or false statements material to false claims to the US government. You can check out our previous posts here and here. To prove a... Continue Reading…More

To prove a False Claim under the False Claims Act (FCA), the government or relator must establish three elements: In this blog post, we will explore the Falsity element.  The FCA does not define “false,” but courts have established two types of falsity that can create liability under the FCA: factual falsity and legal falsity.... Continue Reading…More

This is a blog series on the False Claims Act (FCA), 31 USC §§ 3729, et seq., which targets any person that knowingly submits false claims for payment or false statements material to false claims to the US government.  FCA violators can be liable for three times the government’s damages, plus penalties for every false... Continue Reading…More

On February 22, 2024, the U.S. Department of Justice (“DOJ”) released its Fiscal Year 2023 False Claims Act (“FCA”) statistics showing recoveries of almost $2.7 billion.  Last year’s recoveries exceeded 2022’s $2.2 billion but are still one of the lesser collections of FCA settlements and judgments in the past 10 years.  DOJ also had to... Continue Reading…More

A recent decision in SBA Contracting, LLC, ASBCA No. 63320 (Oct. 3, 2023) provides an important reminder for government contractors to carefully consider the volatility of market conditions before submitting firm-fixed price contract proposals to the Federal Government.    The U.S. Army (Army) awarded a firm fixed price commercial services contract to Sama Bna Aliraq... Continue Reading…More

The Armed Services Board of Contract Appeals (ASBCA or Board) issued an opinion in Appeal of StructSure Projects, Inc., granting StructSure additional COVID-19 related costs arising under a fixed-price task order.  ASBCA No. 62927 (Aug. 8, 2023).  To date, federal contractors performing under that type of task order have had difficulty recovering for additional costs. ... Continue Reading…More