Government Contracts

  • 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.

  • July 25, 2014

    DOI’s Royalties Ruling Against ConocoPhillips Unit Upheld

    An Oklahoma federal judge on Thursday affirmed a U.S. Department of the Interior decision challenged by a ConocoPhillips Co. unit determining that the company owed additional royalties on gas it extracted and sold from federally owned lands, ruling that the DOI's reasoning was sound.

  • July 25, 2014

    Wyle Nabs Up To $270M NASA Contract For Mission Support

    Wyle Laboratories Inc. has snagged a NASA contract potentially worth up to $270 million to provide project management, research and technology development at a NASA research center in California to support NASA’s flight programs and mission projects, NASA said on Friday.

  • July 25, 2014

    Sen. Floats Bills To Guarantee Tribal Contract Payments

    Sen. Mark Begich, D-Alaska, has introduced a pair of bills seeking to guarantee Alaska Native and Native American tribes receive prompt payment for the administration of health care and delivery of other services through tribal hospitals and clinics, the senator’s office said Thursday.

  • July 25, 2014

    Bass Berry Snags IP Pro From Milbank For DC Office

    Bass Berry & Sims PLC has expanded its 2-year-old Washington, D.C., office by luring a former Milbank Tweed Hadley & McCloy LLP intellectual property attorney and two associates with backgrounds in government contracts and investigation matters, the firm announced Thursday.

  • July 24, 2014

    BNP Paribas Reaches $80M Deal In Federal Credit FCA Suit

    BNP Paribas SA and two affiliates have agreed to pay $80 million to settle the federal government’s False Claims Act suit over a scheme to fraudulently obtain government financing for international shipments under a U.S. Department of Agriculture credit program, according a Texas federal court order filed Thursday.

  • July 24, 2014

    Agencies Finalize Rule On Contractor Whistleblower Costs

    The U.S. Department of Defense, General Services Administration and NASA will publish a final rule on Friday to block government contractors from charging the government for legal costs related to whistleblower retaliation lawsuits.

  • July 24, 2014

    GAO Sustains Raytheon's Protest Of $145M DHS Contract

    The U.S. Government Accountability Office said Thursday it sustained a protest by Raytheon Co. over a $145 million U.S. Department of Homeland Security border security contract, ruling that Raytheon was prejudiced by the department’s errors and recommending a fresh look at the companies’ bids.

  • July 24, 2014

    Sens. Bear Down On Interagency Contracts In OFPP Hearing

    During the Thursday confirmation hearing of Office of Federal Procurement Policy nominee Anne Rung, senators raised sharp questions about OFPP's plans to combat abuses in interagency contracting, urging Rung to crack down on agencies using “pass-through” contracts to avoid competition requirements.

  • July 24, 2014

    Miami Home Care Co. Owner Cops To $74M Medicare Fraud

    The owner and administrator of two Miami home care companies pled guilty Wednesday in Florida federal court for her role in a $74 million Medicare fraud scheme that allegedly billed the government for services not medically necessary or not provided.

  • July 24, 2014

    Alstom's UK Division Hit With Corruption Charges

    United Kingdom fraud prosecutors on Thursday filed criminal charges against the U.K. division of French transportation and engineering giant Alstom SA, five years after launching an investigation into suspected bribery activity in efforts to win overseas contracts.

  • July 24, 2014

    NASA Underestimates Space Program's Costs, Timeline: GAO

    The U.S. Government Accountability Office on Wednesday warned the National Aeronautics & Space Administration that it will be hard pressed to make its 2017 test flight deadline for its $12 billion space rocket program, saying the agency continues to underestimate its costs and development time frames.

  • July 24, 2014

    Judge Allows Early Discovery In $226M Energy Tax Credit Row

    The U.S. government can conduct discovery before it defends a summary judgment bid in a closely watched case brought by a wind farm operator suing over $226 million in unpaid tax credits arising from the American Recovery and Reinvestment Act of 2009, a U.S. Court of Federal Claims Judge has ruled.

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.