The FAR Council Adopts a New Rule on Reporting Counterfeit Parts and Major or Critical Nonconforming Common Items in the Supply Chain
After more than five years in the making, DoD, GSA, and NASA recently issued a final rule amending the Federal Acquisition Regulation (FAR) to require contractors and subcontractors to report to the Government-Industry Data Exchange Program (GIDEP) certain counterfeit or suspect counterfeit parts and “common items” with major or critical […]
On Halloween Day of 2019, President Trump signed Executive Order 13897, titled “Improving Federal Contractor Operations by Revoking Executive Order 13495.” (84 Fed. Reg. 59709 (Oct. 31, 2019)). This Order revoked, effective immediately, Executive Order 13495 on “Nondisplacement of Qualified Workers Under Service Contracts,” which was issued by President Obama. […]
In Meridian Engineering Co. v. U.S., 2019 WL 4594233, Case No. 11-492C (September 23, 2019), the U.S. Court of Federal Claims (“COFC”) decided a contractor was entitled to damages for cumulative delays on a construction project with the Army Corps of Engineers (“Government” or “Army”) to include costs due to […]
The Supreme Court Decides that a Relator May Have More Than Six Years to File a Qui Tam False Claims Act Complaint
In Cochise Consultancy, Inc. v. United States ex rel. Hunt, 139 S. Ct. 1507 (2019), the Supreme Court of the United States interpreted the statute of limitations (“SOL”) provision of the False Claims Act (“FCA”) to allow a relator’s qui tam action to proceed even though he filed more than six years after the alleged violations occurred (i.e., after the standard SOL period expired). This decision may restrict SOL defenses for FCA defendants because it confirms that, even if the Government does not intervene, a relator may have up to ten years to file a qui tam action, depending on when “the official of the United States charged with responsibility to act” (to quote the language of the statute) learned the material facts of the right of action.