News & Insights

Bid Protests At The Court of Federal Claims (COFC)

A Procedural Guide To Protests At The COFC An offeror in a public procurement may take issue with the procurement or with the outcome through a mechanism known as a bid protest. Companies bidding on federal opportunities may challenge a contract solicitation or award by filing pre-award and post-award protests. Three fora exercise jurisdiction over [..]

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The Christian Doctrine

The Christian Doctrine: Reading Clauses Into the Contract A principle of government contract law known as the Christian doctrine states that certain clauses are of such importance in public procurements so as to be considered incorporated by operation of law. The government has a responsibility to notice vendors of contract requirements, whether expressly or through incorporation [..]

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Sovereign Immunity In FCA Cases

Sovereign Immunity Defenses In FCA Cases Often in False Claims Act (FCA) cases the defendant is a corporate entity being sued for some kind of healthcare or procurement fraud. Either the government of the United States and/or an individual plaintiff, known as a relator, will prosecute the claim. However, what happens when the defendant is a [..]

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Attorney Fees in Bid Protests

Recovering Attorney Fees From The Government In the U.S. legal system, generally each party pays their own costs and attorney fees. Known as the American Rule, absent certain circumstances like a breach of contract or claim under a statute that specifically allows for fees, even the prevailing party bears its own costs of litigation. Bid protests at [..]

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Protest Procedures At The GAO

A Procedural Guide To The GAO Protest Contractors in search of redress over a procurement’s solicitation methods or award may contest an agency’s actions through a bid protest. At the federal level, there are three jurisdictions for protests: the agency, the Government Accountability Office (GAO), and the Court of Federal Claims (COFC). A party may protest to [..]

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Tax Fraud Under State FCA Statutes

Fraudulent Tax Practices And State FCA Statutes The False Claims Act (FCA) allows private citizens to sue individuals and entities on behalf of the government for fraud. When hearing about and referring to FCA cases, most articles and cases are based on the federal False Claims Act. However, many states have their own version of this [..]

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Task Order Disputes In FSS Contracts

Who Resolves Disputes Over A Task Order Issued Pursuant To GSA Schedules A recent decision from the Board of Contract Appeals highlights the conflict for contractors of who has jurisdiction to determine disputes over a task order issued under a GSA Schedule contract. Consultis of San Antonio, Inc. v. Department of Veterans Affairs The VA issued a [..]

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Competency Determinations: The SBA’s COC Program

Certificate of Competency Program As part of its procurement assistance efforts, the Small Business Administration (SBA) conducts reviews of prospective contractors to assist them with obtaining an award through its certificate of competency (COC) program. The Small Business Act provides that it is the SBA’s duty to certify to government procurement officers with respect to all [..]

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Intervening in False Claims Act Cases

The Effect Of The Government’s Decision To Intervene in False Claims Act Cases The False Claims Act (FCA) allows the government to recover from those who knowingly present fraudulent claims to the United States for payment or who make a record or statement that is material to a fraudulent claim. Known as qui tam cases, FCA suits [..]

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Teaming in Government Contracts

Teaming Arrangements The focus of this article centers on contractor teaming arrangements. While a variety of contractual relationships exists in government contracting that are not prime contracts, teaming is one of the most common. What Is Teaming Federal Acquisition Regulation 9.6 defines teaming as an arrangement in which (1) two or more companies form a partnership [..]

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