News & Analysis as of

Federal Contractors Motion to Dismiss Appeals

Pillsbury Winthrop Shaw Pittman LLP

District Court Finds Qui Tam Provisions of the False Claims Act Unconstitutional

This landmark decision, if upheld on appeal, has the potential to drastically reduce the number of False Claims Act actions brought against government contractors. A U.S. District Court in Florida held that the qui tam...more

Bradley Arant Boult Cummings LLP

Subcontractors’ COVID-19-Related Claims Survive Motion to Dismiss

In the Armed Services Board of Contract Appeals (ASBCA) appeal of McCarthy HITT – Next NGA West JV, ASBCA No. 63571, 2023 WL 9179193 (Dec. 20, 2023), a contractor brought suit for a collection of COVID-19-related claims on...more

Bradley Arant Boult Cummings LLP

Can a Contracting Officer Foreclose a Contractor’s Appeal by Withdrawing its Final Decision?

A contracting officer’s unfavorable final decision is not the end of the road for a federal contractor’s claim for additional time and/or money on a federal project. Rather, a final decision is a mandatory prerequisite to...more

Pillsbury Winthrop Shaw Pittman LLP

Can the Government Terminate a Contract for Convenience When It Does Not Actually Terminate the Contract for Convenience?

Court of Federal Claims rules that the government “constructively” terminated a contractor for convenience when it did not order the quantities specified in the contract. The “constructive termination for convenience”...more

Sheppard Mullin Richter & Hampton LLP

CBCA Rules Contractor Under GWAC Task Orders Properly Submitted Claims to the Agency Ordering Contracting Officer Instead of the...

In a case of first impression, the Civilian Board of Contract Appeals (“CBCA”) ruled that a contractor performing task orders issued against a government-wide acquisition contract (“GWAC”) properly submitted its claims to the...more

Akin Gump Strauss Hauer & Feld LLP

New Court of Federal Claims Decision Is an Opportunity for Prospective Bidders

• A potential offeror may have jurisdiction to protest a government insourcing decision at the Court of Federal Claims. • This issue will likely need to be resolved by the Court of Appeals for the Federal Circuit. ...more

Dorsey & Whitney LLP

Fourth Circuit Affirms Dismissal of FCA Complaint Alleging Contracting Fraud

Dorsey & Whitney LLP on

In an unpublished decision issued on Thursday, August 13, 2015, the Fourth Circuit Court of Appeals reemphasized Federal Rule of Civil Procedure 9(b)’s “stringent particularity requirement” when it affirmed a lower court’s...more

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