Government Contracts

BLOG: $4.5 Million False Claims Act Settlement Underscores DOJ's Focus on Fraud in Small Business Programs

July 1, 2020
By Jacqueline K. Unger
During the webinar on "The False Claims Act: 2019 Takeaways and 2020 Trends" earlier this year, Matt Feinberg and Jackie Unger noted that the SBA's small business programs are fertile ground for False Claims Act (FCA) enforcement and predicted increased enforcement in 2020 and beyond. A recent settlement has shown this to be true and illustrates that the risk of FCA liability can extend to affiliates and business partners of purported small businesses that contract with the federal government.
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BLOG: 5 Steps for Preserving and Preparing Your Miller Act Claim

June 11, 2020
By Camilla J. Hundley
As the United States economy continues to grapple with the unprecedented impact of the coronavirus pandemic, many contractors are concerned about making and receiving payment for work. The Miller Act provides the process for subcontractors to ensure they are paid for their work on federal construction projects, but they must be familiar with its requirements and deadlines to seek payment. This guide outlines five steps subcontractors and material suppliers should take to ensure they preserve their right to recover payment under the Miller Act.
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BLOG: CARES Act Section 3610 – Part 1: Confusion and Shifting Sands

May 27, 2020
By Isaias "Cy" Alba IV and Anna R. Wright
As we noted previously, last week Defense Pricing and Contracting issued draft instructions and requirements for contractors submitting funding requests under Section 3610 of the CARES Act. These requirements contain some departures from previous guidance and define several points that previously were left up to a contracting officer's discretion. In this two-part blog series (visit this link for Part 2), we examine some of the key areas in which the guidance either clarified or, in some cases changed, existing practice.
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BLOG: CARES Act Section 3610 – Part 2: A Rock and A Hard Place

May 27, 2020
By Isaias "Cy" Alba IV and Anna R. Wright
In this second part of our blog series on the CARES Act Section 3610 (visit this link for Part 1), we move on to the conflicting information out there, and the basis of one of the most frequently asked questions we receive: What is the potential conflict between state shelter-in-place orders and federal contract performance requirements? State shelter-in-place orders come with various enforcement mechanisms, some of which include large fines and even imprisonment. This is true in, for example, California, used here to demonstrate the application of a relatively strict shelter-in-place order. However, even the more restrictive states like California make a few exceptions to the shelter-in-place orders, most notably in the area of "critical industries." In general, each employee's specific job duties control whether an employee is in a critical industry, and thus is exempt from California's Shelter In Place Order. However, that order has a convenient loophole linking it to the federal interpretation of "critical infrastructure sectors." Specifically, it points to the CISA website, which states that there are 16 critical industries. These industries are:
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BLOG: JEDI Update: AWS Files Agency-Level Protest with Pentagon

May 12, 2020
By Lauren Brier
The ongoing public feud between Microsoft and Amazon Web Services ("AWS") over the Department of Defense's ("DOD") Joint Enterprise Defense Infrastructure ("JEDI") Cloud contract saw three major developments over the last thirty (30) days. This blog provides an update on the JEDI protest, which has potential implications for the government contracting community.
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