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Andrew Howard

Are More Constitutional Challenges to State DBE Contracting Programs On the Way?

February 24, 2016 By Andrew Howard

An Illinois construction company is petitioning the U.S. Supreme Court to decide whether it has standing to challenge as unconstitutional a state’s implementation of a disadvantaged business enterprise (DBE) participation goal in connection with a road project. If sustained, the company’s challenge would have far-reaching implications, including opening the door for other disappointed bidders to prosecute constitutional challenges to states’ implementation of mandatory disadvantaged business contracting programs. In 2009, the Illinois Department of Transportation (IDOT) sought bids for [...]Read more

Filed Under: Bid Protests & Public Contract Award-Related Representations, Public Construction, Public Contract Litigation Tagged With: Construction Contracts, Disadvantaged Business Enterprise (DBE), Dunnet Bay Construction Company, Equal Protection, Illinois Department of Transportation (IDOT), Injunctive Relief, Seventh Circuit Court of Appeals, U.S. Supreme Court

A Summary of the Department of Justice’s 2015 False Claims Act Review

February 1, 2016 By Andrew Howard

The False Claims Act (FCA) again proved itself to be the government’s primary tool to combat procurement fraud. According to the Department of Justice, in 2015 alone, the government recovered more than $3.5 billion from FCA settlements and judgments for the fourth year in a row, bringing the total recovery since January 2009 to $26.4 billion. Of the $3.5 billion recovered last year, roughly $1.1 billion came from settlements and judgments in cases alleging false claims for payment under government contracts, raising the total recovery for government contracts and procurement fraud settlements [...]Read more

Filed Under: Government Contract-Related Investigations and the False Claims Act Tagged With: False Claims Act (FCA), Qui Tam, Recoveries, U.S. Army Communication-Electronics Command (CECOM), U.S. Department of Defense (DOD), U.S. General Services Administration (GSA), U.S. Office of Personnel Management (OPM), Whistleblower

Proposed Rule Requires Prime Contractor to Report Late or Reduced Payments to Small Business Subcontractors

January 25, 2016 By Andrew Howard

On January 20, 2016, the Department of Defense, General Services Administration, and NASA issued a proposed rule to amend the FAR and implement a section of the Small Business Jobs Act of 2010. This proposed rule, which will implement Section 1334 of the Small Business Jobs Act of 2010 and the Small Business Administration’s (SBA) implementation of Section 1334, requires that, among other things, a prime contractor (1) notify the contracting officer, in writing, if the contractor makes a reduced or untimely payment to a small business subcontractor; and (2) disclose the reasons for the reduced [...]Read more

Filed Under: Advice to Contractors & Grant Recipients Tagged With: Federal Acquisition Regulations (FAR), National Aeronautics and Space Administration (NASA), Payments, Prime Contractor, Small Business Administration (SBA), Small Business Jobs Act of 2010, Subcontracting Plans, U.S. Department of Defense (DOD), U.S. General Services Administration (GSA)

Reasonable Interpretations of Statutes May Prevent Liability Under the False Claims Act

January 11, 2016 By Andrew Howard

As a recent case from the District of Columbia Circuit demonstrates, the knowledge requirement of the False Claims Act (FCA) often creates the largest impediment for those looking to hold defendants liable for their false certifications to the government. In United States ex. rel. Purcell v. MWI Corp., No. 14-5210, 2015 WL 7597536 (D.C. Cir. Nov. 24, 2015), the United States brought a civil action under the FCA against MWI Corporation. The government alleged that MWI made false certifications to the Export-Import Bank to secure loans for financing the sale of water pumps to Nigeria. Under the terms [...]Read more

Filed Under: Government Contract-Related Investigations and the False Claims Act Tagged With: District of Columbia Circuit, Export-Import Bank, False Claims Act (FCA), Nigeria, Safeco Insurance Co. of America v. Burr, United States e. re. Purcell v. MWI Corp.

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This blog is a service of Alston & Bird’s Government Contracts team and provides insights on cases, rules, trends, and latest developments in local, state, and federal government contracting. Our attorney observations include analysis of investigations, litigation, protests and issues affecting present or prospective prime contractors, subcontractors, and grant recipients across various industries.

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