United States ex rel. Adams v. Dell Computer Corp.- Contractual Conditions Must be Material to the Government’s Decision to Pay
The plaintiff in this case alleges that Dell violated the False Claims Act (“FCA”) by knowingly selling a large number of computers to the United States government, which contain undisclosed security vulnerabilities. Dell moved to dismiss the case for failure to state a claim, which the court granted and dismissed the complaint. Although there...
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Should Employers Require COVID-19 Vaccinations?
On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 Technical Assistance Questions and Answers to address the legal implications when mandating the COVID-19 vaccination. We previously wrote about the key takeaways from that guidance here. As COVID-19 vaccination distribution begins, employers have critical decisions to make about their vaccination policies....
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Boeing Co. v. United States: Waiver of a Solicitation Defect – Interpreting Blue & Gold Fleet, L.P.
The United States Court of Appeals for the Federal Circuit overturned a Court of Federal Claims decision, stating that the trial court incorrectly ruled that a company had waived its right to challenge an error in a solicitation. The lower court based its ruling on its interpretation of Blue & Gold Fleet, L.P. v....
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Can Employers Require COVID-19 Vaccinations?
On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 Technical Assistance Questions and Answers to address the legal implications when mandating the COVID-19 vaccination under federal Equal Employment Opportunity (EEO) laws, including the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964, and the Genetic...
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In Re: Teledyne Brown Eng’g Inc.,- Appearances Are Important! Even Appearance of a Conflict of Interest is Enough to Taint a Contract
In this case, Teledyne Brown Engineering, Inc. (“TBE”) protested an award to SGT, LLC by NASA. The contract was for acquiring ground systems and operations services at Marshall Space Flight Center (“MSFC”). TBE protested the award for multiple reasons stating that NASA engaged in an unreasonable and unfair manner, but most importantly had a...
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Assessing Contractor Implementation of Cybersecurity Requirements
The Department of Defense (“DoD”) implemented a new Interim Rule on November 30, 2020 – Assessing Contractor Implementation of Cybersecurity Requirements. This rule serves as an amendment to the Defense Regulation Supplement (“DFARS”) clause 252.204-7012 and implements a new Assessment Methodology and Cybersecurity Maturity Model Certification Framework. Essentially, the DoD is revamping their cybersecurity...
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