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DOD proposes rule requiring contractors to represent whether former DOD officials are in compliance with post-employment restrictions

Wiley Rein LLP
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USA
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June 6 2011

The Department of Defense (DOD) today proposed to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to require every contractor responding to a DOD solicitation to broadly represent that certain former DoD officials employed by the contractor are in compliance with the statutory and regulatory restrictions placed on the activities of former Government employees

Five steps to prepare for a government "shutdown"

Wiley Rein LLP
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USA
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February 25 2011

Government contractors have grown accustomed to working with funding provided through "Continuing Resolutions" as Congress and the White House annually negotiate the various appropriations bills that fund many Government operations

Fraud Enforcement and Recovery Act signed into law May 20, 2009

Wiley Rein LLP
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USA
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May 22 2009

The potential for fraud prosecutions and civil actions related to funding under the American Recovery and Reinvestment Act of 2009 (Recovery Act) or the False Claims Act (FCA) has increased significantly with the President's signing of the Fraud Enforcement and Recovery Act (S. 386) (the Act) on May 20, 2009

President Obama nominates DOJ government contracts attorney to Federal Circuit

Wiley Rein LLP
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USA
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February 8 2013

On February 7, 2013, the White House announced that President Obama nominated Todd M. Hughes to the U.S. Court of Appeals for the Federal Circuit. Mr

Fraud Enforcement and Recovery Act nears passage

Wiley Rein LLP
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USA
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May 12 2009

The potential for fraud prosecutions and civil actions related to funding under the American Recovery and Reinvestment Act of 2009 (Recovery Act) or based on the False Claims Act (FCA) may increase significantly if a bill recently passed by the Senate and amended by the House becomes law

Fourth Circuit holds contractor liable for false claims submitted to the Coalition Provisional Authority in Iraq

Wiley Rein LLP
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Iraq, USA
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April 15 2009

On April 10, 2009, the U.S. Court of Appeals for the Fourth Circuit issued an important decision regarding the application of the False Claims Act (FCA), 31 U.S.C. 3729, to contracts with the Coalition Provisional Authority (CPA), the temporary body established by the U.S. to govern Iraq following the overthrow of Saddam Hussein in 2003

Board awards lost profits for government's bad faith termination for convenience

Wiley Rein LLP
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USA
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July 27 2010

A recent decision of the Civilian Board of Contract Appeals (the Board) reminds us that the Government's right to terminate a contract for its convenience is broad, but subject to important limitations

Supreme Court ruling on Medicaid suits limits third party beneficiary liability under federal contracts

Wiley Rein LLP
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USA
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March 30 2011

Yesterday, in Astra USA, Inc. v. Santa Clara County, the Supreme Court issued an important decision rejecting a lawsuit against several government contractors by a plaintiff alleging that it was a third-party beneficiary of the contractors' agreements with the federal government

DoD issues final rule amending DFARS to require contractors to represent former officials' compliance with post-employment restrictions; Update: President signs legislation to repeal three percent withholding on payments to government contractors

Wiley Rein LLP
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USA
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November 22 2011

On November 18, 2011, the Department of Defense (DoD) issued a final rule requiring every contractor responding to a DoD solicitation to represent that former DoD officials employed by the contractor are in compliance with statutory and regulatory restrictions on post-employment activities

FAR Council's proposed rule modernizes the regulations governing OCIs but requires more guidance

Wiley Rein LLP
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USA
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July 28 2011

On April 26, 2011, the Federal Acquisition Regulation (FAR) Council issued a Proposed Rule that, if finalized, would substantially revise the regulations governing organizational conflicts of interest (OCIs

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