Compliance
February 28, 2017Compliance

Enforcing the Regulatory Reform Agenda: Bureaucracy Designed to End Bureaucracy

On February 24, 2017, President Trump issued an Executive Order–“Enforcing the Regulatory Reform Agenda–that creates mechanisms designed to reduce bureaucracy.  The Order, which advances the president’s campaign agenda of diminishing regulatory burdens, requires the head of each federal executive agency to designate a Regulatory Reform Officer (RRO) and to establish a “Regulatory Reform Task Force.”  ...›

False Claims Act
February 23, 2017False Claims Act

DC Circuit Enforces Escobar’s Materiality Requirement

This week, the D.C. Circuit added to the post-Escobar, materiality jurisprudence with its opinion in United States ex rel. McBride v. Halliburton Co., No. 15-7144 (Feb. 17, 2017).  In its decision, the court affirmed the trial court’s granting of summary judgment in favor of KBR because the misrepresentation alleged by relator Julie McBride did not ...›

FCA
February 23, 2017False Claims Act

What’s Ahead for the False Claims Act in 2017?

2016 was a record-setting year for False Claims Act recoveries.  Based on this trend and recent developments such as the Escobar decision, we can expect that the new administration will be spending a lot of money on federal programs and with this increased spending there will be parallel enforcement actions around fraud, waste and abuse. ...›

Cybersecurity
February 16, 2017Cybersecurity & Data Privacy

IP in Government Contracts: Developments to Watch in 2017

In 2017, a big intellectual property and government contracts issue will be the government’s acquisition of rights in a company’s proprietary software.  Data rights for government contractors has been defined and redefined over the past five years.  As a result, government contractors need to pay careful attention to what is categorized as reintegration and segregation ...›

February 16, 2017Cybersecurity & Data Privacy, Resources

The Bayh-Dole Act

The Bayh-Dole Act allocates rights for intellectual property developed with federal funds between contractors or grant recipients and the government.  This infographic provides an overview of the Bayh-Dole Act, the steps that must be followed for contractors/grantees to retain ownership of title to IP, and the potential consequences of not following these rules. ...›

Defense
February 13, 2017Defense

So You Want To Supplement The Record At Claims Court

Defining the administrative record is a key aspect of litigating bid protests before the U.S. Court of Federal Claims. From the time a protest is filed, the parties must carefully navigate which evidence may be considered by the court in deciding the protest and which must be excluded. In many instances, the parties’ understanding of ...›

Federal Procurement
February 8, 2017Compliance, Federal Procurement

Developments in Commercial Item Procurement

Recent legal developments include promising indications that Government agencies could increase the use of commercial item acquisitions during the coming year.  In particular, the U.S. Court of Federal Claims decision in Palantir Technologies and several provisions in the National Defense Authorization Act (NDAA) for Fiscal Year 2017 encourage Contracting Officers to utilize commercial item procurement ...›

Small Business

Problems Abound with DOD’s Proposed IRAD Rule

On November 4, 2016, the Department of Defense proposed a new rule applicable to major defense contractors who expect to use future independent research and development (“IRAD”) to perform DoD contracts.  The proposed rule requires DoD agencies to assign an evaluation cost penalty to the proposed price of any contractor expecting to receive reimbursement from ...›

FCA
February 2, 2017False Claims Act

10 Key FCA Developments Of 2016

2016 was another active year in the land of False Claims Act enforcement. The U.S. Department of Justice continued to set recovery records and turned its eye more keenly on enforcement of individuals. We heard from the Supreme Court not once, but twice, on FCA issues. Per-claim penalties increased as of Aug. 1, opening the ...›

Litigation
February 1, 2017Protests & Litigation

January 2017 Protest Roundup

Two common themes run through the cases we have chosen for this month’s bid protest roundup.  The first three decisions explore some pitfalls relating to the timeliness of proposals and protest grounds.  The last two highlight the fact that the Government Accountability Office’s (GAO) well-known deference to agency discretion does not extend to matters where ...›