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Subject to Inquiry

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Category Archives: Government Contracts

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Government Contracts

Biden Administration Orders $15 Minimum Wage for Federal Contractors

On April 27, 2021, President Biden signed an Executive Order (EO) requiring federal contractors performing service, construction or concession contracts to pay a $15 minimum wage to those employees who are working on such contracts. As noted in the White House Fact Sheet, this EO will build on Executive Order 13658 (signed in February 2014), under which the government… Continue Reading
Government Contracts, Uncategorized

NSCAI Recommends $40 Billion Investment in Artificial Intelligence, R&D and Innovation

Congress stood-up the National Security Commission on Artificial Intelligence (NSCAI) to make recommendations to the President and Congress “to advance the development of artificial intelligence [AI], machine learning, and associated technologies … to comprehensively address the national security and defense needs of the United States.” The 2019 National Defense Authorization Act (NDAA), Section 1051 further instructed the… Continue Reading
Fraud, Deception and False Claims, Government Contracts

U.S. Supreme Court Declines to Clarify False Claims Act Falsity Standard

The U.S. Supreme Court recently declined to address a circuit split regarding the standard for establishing that a statement material to a claim for payment is false under the False Claims Act (FCA); specifically, whether the FCA requires pleading and proof of an “objectively false statement,” or whether liability can be based on allegedly false… Continue Reading
Government Contracts

Ask Those Questions: Federal Circuit Highlights Required Step for GAO Protesters Seeking Relaxed Automatic Stay Deadline in DOD Procurements

Disappointed government contractors and their legal counsel weigh the benefits of filing bid protests at the Government Accountability Office (GAO) versus the Court of Federal Claims (COFC). One of the key benefits to filing a protest with the GAO is that, under the Competition in Contracting Act (CICA) automatic stay provision, a GAO protester who… Continue Reading
Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims, Government Contracts

Analysis of the DOJ’s 2020 FCA Statistics and the Trends Therein

The U.S. Department of Justice (DOJ) recently issued its annual press release summarizing fraud-related recoveries from False Claims Act (FCA) matters in the prior fiscal year. While the headline number for FY 2020 of $2.2 billion in settlements and judgments involving fraud and false claims against the government is down about $900 million from the… Continue Reading
Government Contracts

Biden Administration to Strengthen “Buy American” Rules

On Jan. 25, 2021, President Joseph R. Biden signed an executive order aimed at strengthening “Buy American” rules to increase the federal government’s procurement of American-made goods. According to the White House, this order makes several significant changes to the implementation of the laws requiring federal government agencies to procure materials and products domestically. Click here to continue… Continue Reading
Compliance, Government Contracts

Ready or Not…Government Contractor Cybersecurity Requirements Roll Out This Month

The Department of Defense is rolling out new regulations over the next five years to set progressive steps toward mandatory cybersecurity certification for government contractors. The first set of requirements goes into effect Nov. 30. Click here to learn what contractors must do now to ensure they are eligible for award of new contracts, task… Continue Reading

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