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Results: 1-10 of 83

Civil False Claims Act: redline comparison of S. 386 and the False Claims Act

  • Fried Frank Harris Shriver & Jacobson LLP
  • -
  • USA
  • -
  • May 14 2009

As we reported last week, both the House of Representatives and the Senate passed significant amendments to the civil False Claims Act ("FCA") in S.386

Civil False Claims Act: the False Claims Act is amended for the first time in more than twenty years as the President signs the Fraud Enforcement and Recovery Act of 2009

  • Fried Frank Harris Shriver & Jacobson LLP
  • -
  • USA
  • -
  • May 21 2009

Last night, the Fraud Enforcement and Recovery Act of 2009 ("FERA") was signed into law by the President, marking only the second time in the history of the civil False Claims Act ("FCA") that all-embracing amendments have been made to this 1863 law

Debarment and exclusion: the unintended consequences of the “Defund ACORN Act”

  • Fried Frank Harris Shriver & Jacobson LLP
  • -
  • USA
  • -
  • October 5 2009

Recently, in its effort to defund the Association of Community Organizations for Reform Now ("ACORN"), the House of Representatives moved toward creating a nightmare for government contractors, health care providers, pharmaceutical companies, and other grantees and recipients under government programs, as well as for the smooth functioning of both the federal and state governments

Post-Government employment restrictions

  • Fried Frank Harris Shriver & Jacobson LLP
  • -
  • USA
  • -
  • June 9 2009

The Department of Defense (DOD) issued an interim rule amending the DFARS to address recently enacted statutory requirements for certain DOD officials to obtain a post-Government employment ethics opinion before accepting a position from a DOD contractor within two years after leaving DOD service

Solicitation defects

  • Fried Frank Harris Shriver & Jacobson LLP
  • -
  • USA
  • -
  • June 9 2009

The US Government Accountability Office (GAO) sustained a pre-award bid protest because the solicitation, which contemplated the award of two Defense Logistics Agency (DLA) contracts for food distribution services in Kuwait, Iraq, and Jordan, did not adequately describe the basis for award

Competitive range determinations

  • Fried Frank Harris Shriver & Jacobson LLP
  • -
  • USA
  • -
  • June 9 2009

The GAO sustained a bid protest regarding a Department of Health and Human Services (HHS) procurement for custodial services because the HHS excluded the protester’s proposal from the competitive range without considering its proposed price

Freedom of Information Act

  • Fried Frank Harris Shriver & Jacobson LLP
  • -
  • USA
  • -
  • June 9 2009

The US Attorney General issued a memorandum on March 19, 2009 revising Department of Justice (DOJ) policy regarding Freedom of Information Act (FOIA) requests

American Recovery and Reinvestment Act of 2009

  • Fried Frank Harris Shriver & Jacobson LLP
  • -
  • USA
  • -
  • June 9 2009

Interim rules have been issued implementing procurement-related provisions of the American Recovery and Reinvestment Act of 2009 (Recovery Act), which was signed into law on February 17, 2009

Allowability of defense and settlement costs

  • Fried Frank Harris Shriver & Jacobson LLP
  • -
  • USA
  • -
  • June 9 2009

The US Court of Appeals for the Federal Circuit (Federal Circuit) reversed a decision of the ASBCA because the ASBCA erroneously held that a military housing contractor’s costs associated with defending and settling a sexual harassment lawsuit were allowable under the contract regardless of the lawsuit’s merits

Methods of delivery order placement

  • Fried Frank Harris Shriver & Jacobson LLP
  • -
  • USA
  • -
  • June 9 2009

The Armed Services Board of Contract Appeals (ASBCA) held that a contractor was entitled to an equitable adjustment because the US Navy used a contractually unauthorized method for placing delivery orders under an indefinite delivery, indefinite quantity contract to supply digital modular radios

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