Government Contracts

  • July 28, 2014

    5 Acquisition Reforms Contractors Really Want

    With Congress undertaking a monthslong effort to explore possibilities for acquisition reform, contractors are taking the opportunity to press for more business-friendly policies. Here are some of their ideas for shaking up the way the government buys goods and services.

  • July 28, 2014

    Keiser University Says FCA Standards Not Met In $4B Suit

    Even if certain violations occurred, two whistleblowers' $4 billion False Claims Act lawsuit against Keiser University falls short, the Florida-based school argued in its post-trial brief filed Friday in federal court.

  • July 28, 2014

    NJ High Court To Hear Solar Contractor's $50M Lien Effort

    The New Jersey Supreme Court will consider the enforceability of liens issued against municipal financing, agreeing Monday to hear a company blocked from issuing liens on over $50 million in financing for a public solar project because county improvement authorities are statutorily exempt from liens.

  • July 28, 2014

    Vascular Solutions Settles Ex-Sales Rep's FCA Suit

    Vascular Solutions Inc. will pay $520,000 to resolve a whistleblower's False Claims Act suit accusing the company of inducing physicians to bill federal health programs like Medicare for an unapproved treatment of varicose veins, the U.S. Department of Justice said Monday.

  • July 28, 2014

    Seller Of Bomber Plans To China Can't Shed 32-Year Sentence

    A Hawaii engineer who spent two decades building stealth bombers and other classified projects at Northrop Grumman Corp. lost his bid to overturn a conviction and 32-year sentence for selling military secrets to China, the Ninth Circuit ruled Monday.

  • July 28, 2014

    CMS Expands Wheelchair Fraud Prevention Program

    The Centers for Medicare and Medicaid Services on Monday said it's expanding its fraud prevention pilot program for motorized wheelchairs to 12 more states in the coming months, saying the demonstration has already proved successful in seven states.

  • July 28, 2014

    Drug Discount Deal Won't Trigger Kickback Penalties: OIG

    A drugmaker potentially breached the Anti-Kickback Statute by supplying discounts that could encourage use of other items and services covered by Medicare and Medicaid, but the company enacted safeguards that reduced the risk of fraud and made sanctions unnecessary, according to an Office of Inspector General opinion posted Monday.

  • July 28, 2014

    DOD Security Clearance Holders Owe IRS $730M, Report Says

    About 83,000 U.S. Department of Defense employees and contractors who held or were eligible for secret, top secret or sensitive compartmented information clearances owed more than $730 million in unpaid federal taxes as of June 2012, according to a report released by the Government Accountability Office on Monday.

  • July 28, 2014

    Northrop Lands $205M Contract For Combat Brigade Training

    Northrop Grumman Aerospace Systems has been awarded a contract worth potentially $205 million by the U.S. Army to continue providing mission logistics services in support of combat brigade training at the National Training Center in Fort Irwin, California, the company said Friday.

  • July 28, 2014

    NASA Contract Illegally Cuts Wages, Union Says

    The International Association of Machinists and Aerospace Workers filed suit Friday in D.C. federal court against NASA and outside contractor Jacobs Technology Inc., seeking a declaratory judgment that a new contract with Jacobs is a successor contract and must maintain the same wages provided under an earlier agreement.

  • July 28, 2014

    Blackwater Guards Claim Government Suppressed Evidence

    Attorneys for four former Blackwater Worldwide security guards blasted prosecutors on Monday for allegedly withholding photographs that could support claims that the convoy took on fire before killing 14 Iraqis in a Baghdad traffic circle, telling a D.C. federal judge that the move prejudiced the jury against the guards.

  • July 28, 2014

    Smith & Wesson To Pay $2M To Settle FCPA Charges

    Gunmaker Smith & Wesson Holding Corp. will pay $2 million to settle U.S. Securities and Exchange Commission charges that it violated the Foreign Corrupt Practices Act when employees and others made or authorized payments to foreign officials while trying to win contracts in Pakistan and elsewhere, the agency said Monday.

  • July 25, 2014

    Ex-S&C Atty’s FCA Suit Claims Vanguard Ducked $1B Tax Bill

    A former Vanguard Group Inc. in-house attorney and ex-Sullivan & Cromwell LLP associate has hit the investment manager with a False Claims Act suit in New York state court alleging it illegally evaded more than $1 billion in federal and state taxes over the past decade, the plaintiff's attorney said Friday.

  • July 25, 2014

    Inspector General Praises Army's Contracting For Logistics

    The Department of Defense's inspector general gave the U.S. Army a clean report card for its contracting under a $23.8 billion contract for logistics services, saying Friday that the Army has thus far followed proper procedures for vetting and evaluating bids for the procurement.

  • July 25, 2014

    GAO Sustains Protest Over Unclear FEMA Evaluation Criteria

    The Government Accountability Office on Thursday sustained a protest over a Federal Emergency Management Agency procurement for architecture and engineering services contract, saying that FEMA unfairly used unstated evaluation criteria that didn't match up with what it told prospective contractors.

  • July 25, 2014

    BAE Systems Lands $40M In Army Missile Warning Contracts

    BAE Systems Inc. has been awarded a series of U.S. Army missile warning system contracts worth about $40 million, the company said Wednesday.

  • July 25, 2014

    3 Tips For Workable FCA Release Programs

    As qui tam False Claims Act lawsuits continue to rise, health care companies and their attorneys are working to bolster internal compliance programs and eyeing employee litigation releases as a way to limit exposure. But those agreements require some careful handling. Here, attorneys share three tips to crafting an employee release that won't be thrown out in court.

  • July 25, 2014

    General Dynamics Wins $67M Armored Vehicles Contract

    Peru will pay $67 million to a General Dynamics Corp. subsidiary for 32 light armored vehicles for the Peruvian Marines, the company said Thursday.

  • July 25, 2014

    Judge Puts SpaceX's Launch Protest On Path To Arbitration

    A U.S. Court of Federal Claims judge on Thursday denied a motion to dismiss Space Exploration Technologies Corp.'s  protest over competition in Air Force space launches, instead requiring the government to provide more details on its contract decisions and moving the case towards arbitration.

  • July 25, 2014

    Dallas Leader Pleads Not Guilty To Bribery, Fraud Charges

    Dallas County Commissioner John Wiley Price pled not guilty Friday to federal charges that he used his office and political power to obtain more than $1 million in bribes, evaded taxes on the allegedly illicit income, and helped businesses that were paying him get valuable contracts.

Expert Analysis

  • DOD Annual Report May Affect Antitrust Reviews

    Jon Dubrow

    A recent U.S. Department of Defense study provides data the DOD interprets as showing that the presence of competition improves contracting outcomes for the government, and it has implications for future antitrust analysis applied to mergers, acquisitions and teaming agreements, says Jon Dubrow of McDermott Will & Emery LLP.

  • Your State Contract May Prohibit Offshore Outsourcing

    Merle DeLancey

    A recent report from the U.S. Department of Health and Human Services Office of the Inspector General resurfaced the issue of offshoring restrictions in the context of Medicaid contracts. This easily overlooked issue has been percolating to the top of the list for government agencies, state attorneys general and, perhaps, qui tam plaintiffs’ attorneys, say attorneys with Dickstein Shapiro LLP.

  • Healthfirst Will Help Define '60-Day Rule' For FCA Cases

    Robert Homchick

    State of New York v. Healthfirst Inc. — one of the first cases to test the bounds of the Affordable Care Act's 60-day overpayment rule — may provide insights into the enforcement priorities of federal and state agencies, the interpretation of the 60-day rule by a federal court, and the willingness of courts to impose potentially massive civil penalties, say Robert Homchick and Adam Romney of Davis Wright Tremaine LLP.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • Inside The Proposed DFARS Business Systems Rule

    Susan Booth Cassidy

    The U.S. Department of Defense proposal to amend the Defense Federal Acquisition Regulation Supplement does not address the ambiguities and risks inherent in the current rules governing business systems compliance, but it does create a new dynamic among contractors, their private auditors, and the government, say attorneys at Covington & Burling LLP.

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • Lessons From Omnicare Settlement In 'Swapping' Cases

    Katherine A. Lauer

    The Omnicare settlements, while not adding to the substantive case law, do demonstrate that these swapping cases will likely become more common in the coming years as more qui tam relators are tempted by these and other large settlements, say Katherine Lauer and Amy Hargeaves of Latham & Watkins LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • Notable New Breach Controls For Intelligence Contractors

    Tom McSorley

    Overall, the procedures and requirements contemplated by the 2014 Intelligence Authorization Act contain little detail. Most of the work is yet to be done. However, the Director of National Intelligence will not necessarily be starting from a blank slate, say attorneys with Arnold & Porter LLP.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.