In Re: Chronos Sols.-The GAO Indicates That COVID Related Contract Changes Can be Material Changes
In Chronos Sols., LLC, the GAO determined its first COVID-19 case in September of 2020 where it sustained a protest because the U.S. Department of Housing and Urban Development (“HUD”) did not consider, nor acknowledge, the significant changes occurring around the globe from the impact of COVID-19 that could materially affect the contract. HUD...
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Federal Acquisition Regulation (FAR) Overview
The Federal Acquisition Regulation (“FAR”) is a set of regulations that sets forth the rules that the Government has to follow to acquire goods and services with procurement contracts. The FAR was first issued on April 1, 1984 and has developed significantly over the years. It is now issued under joint authority of the...
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United States ex rel CIMZNHCA LLC v. UCB Inc.- The Government Can Intervene by Way of Filing a Motion to Dismiss
The 7th Circuit set a new standard for the government dismissal of a whistleblower False Claims Act (“FCA”) case. This case involves a “qui tam” suit, which is brought under the FCA. In a qui tam suit, a person can be financially rewarded if he or she assists the government in recovering funds that...
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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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