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President Trump Expands Buy American Act – Another Wrench in the Works?

By on February 1, 2019 | Posted in Buy American Act

While domestic preference requirements in federal procurements, namely the Buy America and Buy American Acts, are not new their increased emphasis are.  As has been well publicized, a central focus of the Trump Administration has been to encourage and increase the use of domestically sourced products and materials in connection […]

Know What You’re Signing Up For—The Miller Act Is Now Part of Your Federal Government Construction Project

By on January 10, 2019 | Posted in Procurement Issues

One of the biggest differences between federal government and commercial contracting is that certain clauses may be incorporated by reference (and hence controlling) in a federal contract even if the clause was not expressly included in the contract by the parties.  In a departure from the general principle that contracts […]

That’s a Wrap—When the United States tells the Supreme Court Your Qui Tam Suit is a Goner

By on December 20, 2018 | Posted in Procurement Issues

Following Escobar, the issue of materiality remains at the forefront of False Claims Act motion practice at both the pleadings and judgment stage. Escobar emphasized that the FCA materiality requirement is demanding. In the case of Gilead Sciences, Inc. v. United States Ex Rel. Jeffrey Campie, et al. the respondents, qui […]

Getting Your Priorities Straight: Managing the Effects of the Defense Priority Allocation System

By on November 20, 2018 | Posted in Procurement Issues

Every manufacturing contract, including construction contracts, with the government contains a myriad of terms and conditions and other requirements, including the numerous provisions set forth in the Federal Acquisition Regulation (FAR) that are often incorporated expressly or by reference into the contract.  Understandably, contractors focus on the contract’s specifications, schedule, […]

GAO Upholds Agency’s Rejection Of Protestor’s CAGE-Y Proposal

By on October 23, 2018 | Posted in Bid Protests

It is not uncommon for government contractors to have one or more related companies (e.g., parent/subsidiary companies) involved in the industry.  One way the government keeps track of such related entities is to utilize Commercial and Government Entity (CAGE) codes.  These codes are used for a variety of purposes, including facility clearances. […]

For Relators, the Roses aren’t Necessarily Redder: The Ninth Circuit’s Fresh Cut on Escobar for FCA Cases

By on October 18, 2018 | Posted in False Claims Act

The Ninth Circuit Court of Appeals in the recently issued case of United States ex. rel. Rose v. Stephens Institute (Rose) held that the two-step test of Universal Health Services, Inc. v. United States ex rel. Escobar (Escobar) is mandatory in implied false certification cases brought under the False Claims […]

Full Schedule Released for Navigating Federal Government Contracts Northwest 2018 – Seminar/Webinar Oct. 25

By on October 14, 2018 | Posted in News

To help you navigate the rough seas of doing business with the federal government in the Trump administration, Washington PTAC, Pacific Northwest Defense Coalition, AGC of Washington, and the Government Contracts team at Oles Morrison have assembled a group of nationally recognized government contracts professionals for a seminar covering topics relevant to government contractors across […]

Risk Management: Insurance Coverage to Cover Possible Risk of a False Claims Act Claim

By on September 26, 2018 | Posted in False Claims Act

Regardless of your industry, companies that have business dealings with the federal government face the persistent risk of False Claims Act (FCA) investigations and lawsuits. The FCA, 31 U.S.C. §§ 3729 – 3733, imposes civil and criminal liability for knowingly making a false or fraudulent claim to the United States […]