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
Join us in Washington, DC for our fifth annual Federal Contracts Symposium October 21 – 22, 2024 at the Willard InterContinental. We have a great lineup this year, featuring insightful panels and strategic networking with industry leaders and government representatives. The Symposium will open with a cocktail reception from 6 – 8 pm on October
On August 15, 2024, the Department of Defense (DOD) announced the much-anticipated Proposed Rule that would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to include Cybersecurity Maturity Model Certification 2.0 (CMMC) Program contract clauses and requirements. Among the most important aspects of the Proposed Rule, it would require contractors to submit at the time
Most government contracts include a Changes clause (notably, FAR 52.243-1), which grants the Government the right to order changes to the scope of the contractor’s work. That clause also entitles the contractor to an equitable adjustment for the increase in time and/or cost of performing the changed or additional work.
The Changes clause is broad
The Small Business Administration (SBA) will eliminate self-certification for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) starting October 1, 2024. The SBA confirmed on August 1, 2024, that it would go forward with its direct Final Rule issued on June 6. The SBA skipped the notice and comment process in which agencies typically must engage when amending
Late last year, the Court of Federal Claims (“COFC”) contradicted long-standing Government Accountability Office (“GAO”) precedent on the acceptability of photocopied signatures on bid bonds finding that the Government’s reliance on GAO’s decisions was not rational. The COFC decision directly criticizes well-established GAO precedent dating back to 1987 and asserts that GAO has been misinterpreting
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
The Federal Government is committed to developing its relationship with small and disadvantaged businesses through set-aside contracts that incentivize and protect these companies from competing with large, established competitors. But sometimes large companies try to manipulate the system by using these small businesses as puppets to capture set-aside contracts.
If you are a small or
In the wake of the tragic Francis Scott Key Bridge collapse, businesses that rely on the Port of Baltimore (“Port”) are grappling with impacts to their contracts and supply chains. The Port suspended waterway traffic until further notice, shutting off one of the busiest ports on the East Coast indefinitely. Major commodities that travel through
The Government Accountability Office (“GAO”) recently sustained a protest of a contract award because the winning contractor failed to maintain their System for Award Management (“SAM”) registration from the date their proposal was submitted through the date the contract was awarded. Even though the contractor had a valid SAM registration (1) at the time they
