Government Contractors Beware: Trying to Fit A Square Peg into A Round Hole

Small Business Programs, Blog 08.12.15

By Kimi Murakami What may be standard in the corporate world can severely disrupt set-aside status in the highly-regulated government contract space. Take the recently-decided case of Precise Systems. This decision presents another cautionary tale of why it is so critical for contractors to understand the SBA rules–or to talk to lawyers who do–before entering into corporate restructuring transactions. In the final decision issued by Chief Judge Patricia Campbell-Smith in the case of Precise Systems, Inc. v. U.S., No. 14-1174C (Fed. Cl., . . . Read More

Ninth Circuit Eases Ability for Whistleblowers to Bring Qui Tam Actions

Blog, Litigation & Dispute Resolution 08.07.15

By: Patrick T. Rothwell

In an important development under False Claims Act (“FCA”) case law, the U.S. Court of Appeals for the Ninth Circuit has expressly abrogated former precedent limiting the ability of whistleblowers to recover funds reimbursed to the Federal Government under the FCA to a greater degree than in many other circuits. The case is United States ex rel. Hartpence v. Kinetic Concepts, Inc., No. 12-55386 (9th Cir. July 7, 2015). Generally, the FCA prohibits the knowing submission to the Federal Government . . . Read More

Comments on Proposed Rule Regarding Small Business Subcontracting Improvements

Publications, Client Alerts 08.07.15

After the recent small business subcontracting plan changes were implemented by the U.S. Small Business Administration (“SBA”) in its final rule at 78 Fed. Reg. 42391 , dated July 16, 2013, many of our clients have asked us how the SBA’s new rules should be interpreted in light of the existing FAR small business subcontracting requirements. We believe that the FAR Councils are taking the right steps to harmonize the SBA’s requirements with the obligations the FAR imposes. However, we believe that there are . . . Read More

A Look At The Numbers: 2015 Government Contracting Annual Report

Blog 08.04.15

Some very interesting data, trends, and analysis of government contracting, which should be of interest to government contractors, was published in a recent report by the National Contract Management Association (NCMA) and Bloomberg Government (Bloomberg). Some of the data should come as no surprise to firms seeing how U.S. government contracting dollars continue to be declining. According to the report, titled “Annual Review of Government Contracting, 2015 Edition,” contract spending will likely continue to fall due to budget caps and the . . . Read More

The Importance of Preservation of Electronically Stored Information in Contract Disputes

Blog, Litigation & Dispute Resolution 07.30.15

Contract disputes, whether over performance, payment or interpretation of terms, are an inevitability of doing business and, in an ideal world, when they arise they would all be resolved through compromise and agreement. But we do not live in an ideal world, and contract litigation appears to be on the uptick as the economy improves. Whereas in the “old days” the largest part of your contract file might have been taken up by the contract itself, the Information Age has . . . Read More

False Claims: A Growing Concern when Doing Business with State & Local Governments

Blog 07.27.15

By Michelle Litteken Imagine that you are at your desk reviewing emails when your phone rings. It is a prosecutor from the state attorney general’s office, and he tells you that your company is the subject of a fraud investigation. You are shocked. You are the president of a successful business, supported by hardworking and diligent employees. Your company does everything above board and you have no idea why the government would be investigating you. The answer may be the . . . Read More