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Government Contracting Updates

Read Government Contracting Law updates, articles, and legal commentary from leading lawyers and law firms:
Perkins Coie

US Supreme Court Adopts Expansive “Fraudulent Inducement” Theory of Wire and Mail Fraud

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As we previously reported, last month, the Supreme Court of the United States in Kousisis v. United States roundly endorsed the expansive “fraudulent inducement” theory of federal wire and mail fraud. Resolving a circuit...more

Hinckley Allen

Changes to the Timing for Prompt Payment on All Connecticut State Contracts are Coming – Be Prepared

Hinckley Allen on

Connecticut’s prompt payment requirements for state contracts are about to change. The Connecticut General Assembly approved the new state budget bill (House Bill 7287), which includes a significant change to Connecticut’s...more

Schwabe, Williamson & Wyatt PC

Kousisis v. United States: Supreme Court Clarifies Wire Fraud Rules

On May 22, 2025, the United States Supreme Court released its opinion in Kousisis v. United States. The Kousisis opinion resolved a split of the federal circuits by finding that proof of economic loss by the government is not...more

Holland & Knight LLP

State Lobbying Update: Hawaii Expands Lobbying Law to Cover Procurement Activities

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A bill recently signed into law by Hawaii Gov. Josh Green significantly expands the scope of the state's lobbying law to cover procurement activities. When the law takes effect on Jan. 1, 2027, its expanded scope will have...more

Bradley Arant Boult Cummings LLP

Bidders Beware! Design-Builders Are at Risk Not Only for Defective Design Documents, But Possibly for Defective Bidding Documents,...

Historically, the Boards of Contract Appeals and Courts have reviewed design-builders’ reliance on government-provided conceptual drawings or bridging documents in support of constructive change claims under a reasonableness...more

Blindauer Law PLLC - Government Contracts...

Government Contract Tariff Exemptions

It is the Federal Government’s policy that, when available and practicable, a Government contractor should obtain a tariff duty exemption. This is common sense. A tariff duty makes a contract more expensive for the...more

PilieroMazza PLLC

Protect Small Business Opportunities: The “Rule of Two” Faces Potential Elimination

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The federal government is actively trying to reduce its size and deregulate agencies across the Executive Branch. As noted in a previous Client Alert by Sam Finnerty, the Federal Acquisition Regulation (FAR) has not been...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – June 2025

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New Department of Defense Policy Memo Imposes Sweeping Restrictions on Consulting, Management, Advisory Services, and Contractor Utilization - The Department of Defense (DoD) has issued a significant policy memorandum “to...more

Pillsbury - Bid Protest Debrief

No Harm, No Foul: GAO Reaffirms That Prejudice Is Everything

In Kako’o Spectrum Healthcare Solutions, LLC, B-421127.5, et al., May 28, 2025, Kako’o Spectrum Healthcare Solutions (KSHS) protested the U.S. Marine Corps’ award to Cognito Systems, arguing that Cognito’s proposal exceeded...more

PilieroMazza PLLC

Cybersecurity Compliance in the Crosshairs: Raytheon’s $8.4 Million FCA Settlement and What It Means for Defense Contractors

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Government contractors regularly handle sensitive federal data, and cybersecurity compliance is no longer optional—it’s mandatory. A recent settlement between the Department of Justice (DOJ) and defense contractor Raytheon...more

Berkshire

OFCCP White House Budget Proposes Elimination of OFCCP

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The White House has released the President’s fiscal 2026 budget proposal, along with a technical supplement appendix with detailed budget estimates. Of particular interest to federal contractors, the proposal seeks to...more

Jackson Lewis P.C.

DOJ Civil Rights Fraud Initiative Ups FCA Risks for Federal Fund Recipients Employing Unlawful DEI Programs

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U.S. Deputy Attorney General Todd Blanche issued a memorandum introducing the “Civil Rights Fraud Initiative” on May 19, 2025. The memorandum directs all Department of Justice (DOJ) attorneys to use the False Claims Act (FCA)...more

Womble Bond Dickinson

Fueling America's Nuclear Renaissance: How Trump's Executive Orders Create Strategic Opportunities for the Nuclear Fuel Industry

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On May 23, 2025, President Donald Trump issued four Executive Orders – Reinvigorating the Nuclear Industrial Base, Deploying Advanced Nuclear Reactor Technologies for National Security, Reforming Nuclear Reactor Testing at...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Trump Administration Proposes Elimination of OFCCP, Launches New Opinion Letter Program for Labor Guidance

The Trump administration plans to completely eliminate the Office of Federal Contract Compliance Programs (OFCCP) and transfer the agency’s remaining authority to enforce protections in federal contractors for veterans and...more

WilmerHale

HHS Office of Inspector General Issues First Semiannual Report to Congress in this Administration

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On June 2, 2025, the Department of Health and Human Services Office of Inspector General (HHS-OIG) announced the release of its Spring 2025 Semiannual Report to Congress. Covering the period from October 1, 2024, to March 31,...more

King & Spalding

CMS Expands Auditing of Medicare Advantage Plans

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On May 21, 2025, CMS announced that it plans to increase its auditing efforts for Medicare Advantage (MA) plans. Effective immediately, CMS will audit all eligible MA contracts for each payment year in all newly initiated...more

Bradley Arant Boult Cummings LLP

Understanding the Metropolitan Washington Airports Authority Bid Protest Procedures

When participating in a government procurement process, understanding the rules governing bid protests is crucial. For contractors engaging with the Metropolitan Washington Airports Authority (MWAA), strict procedural...more

Bradley Arant Boult Cummings LLP

Government Contracts White-Collar Alert: Supreme Court Clarifies Wire Fraud Statute

The U.S. Supreme Court recently delivered a significant ruling in Stamatios Kousisis, et al. v. United States, affirming that a defendant can be convicted of federal fraud for inducing a transaction through materially false...more

Knobbe Martens

USPTO Report: Privatizing the Space Economy

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A 2025 United States Patent and Trademark Office (USPTO) report highlights significant growth in space technology patents, driven by private innovation and government support. According to the report, space-related goods and...more

Cooley LLP

US Supreme Court Upholds Wire Fraud Convictions, Says Economic Loss Not Required

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When an executive learns that she is being investigated for fraud, her first reaction often is: “But I didn’t intend for anyone to lose money!” This entirely understandable response may well be true (and lead the executive to...more

Hogan Lovells

Australia’s Model Clauses provide framework for AI procurement

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On 17 March 2025, the Australian Government published Model Clauses to help government purchasers manage vendor relationships when procuring AI technology based systems and services. The Model Clauses cover issues relevant to...more

Holland & Hart LLP

A Defense Contractor's Guide to CMMC, DFARS, and FAR Requirements

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Cyber-attacks against America’s defense industrial base are becoming more sophisticated and more frequent. To reduce the risk of sensitive national security information landing in the hands of bad actors, the Department of...more

Saul Ewing LLP

Supreme Court Clarifies Fraudulent-Inducement Theory Under Wire Fraud Statute in Kousisis v. United States

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Case Summary - In Kousisis v. United States, the Supreme Court addressed whether a defendant can be convicted under the federal wire fraud statute without causing the victim a net pecuniary loss....more

Dorsey & Whitney LLP

The Supreme Court Update - June 2, 2025

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The Supreme Court of the United States granted certiorari in four cases today: Bost v. Illinois State Board of Elections, No. 24-568: This case involves an Illinois law that required mail-in ballots to be counted as long...more

Bergeson & Campbell, P.C.

DOD RFI Seeks Information on Certain Chemicals Undergoing TSCA Section 6 Risk Evaluation

On May 27, 2025, the U.S. Department of Defense (DOD) issued a request for information (RFI) to gather information to identify and assess critical applications for DOD and the defense industrial base (DIB) that necessitate...more

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