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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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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SBA Mentor-Protégé Program Consolidation
On October 16, 2020, the U.S. Small Business Administration (“SBA”) published its final rule merging the 8 (a) Business Development Mentor-Protégé Program and the All Small Mentor-Protégé Program to eliminate confusion and remove unnecessary duplication of functions within the SBA. This is part of a government-wide regulatory reform initiative to review regulations and determine...
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ASBCA Jurisdiction and the “Suspicion” of Fraud: Government Overreach Held in Check
In the Appeal of Mountain Movers/Ainsworth-Benning, LLC, ASBCA No. 62164, the Armed Services Board of Contract Appeals (the “Board”) recently denied a Government motion to dismiss holding that once the Board was vested with jurisdiction, the contracting officer could not divest it of jurisdiction by his unilateral action of withdrawing the contracting officer’s final...
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Department of Defense Increases the Justification and Approval Threshold for Its Sole-Source Contract Awards to 8(a) Contractors to $100 Million
On June 5, 2020, the Department of Defense (DoD) amended the DoD Federal Acquisition Regulation Supplement (DFARS) to implement Section 823 of the FY 2020 National Defense Authorization Act. Section 823 increases the threshold for DoD justification and approval (J&A) for certain 8(a) program sole-source awards and provides that the approving authority for any...
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Interim Rule Implements Ban on Contractors Using Covered Telecommunications Products and Services from Certain China-Based Companies
On July 10, 2020, the FAR Council issued a prepublication version of an interim rule implementing Section 889(a)(1)(B) of the FY 2019 National Defense Authorization Act. The interim rule prohibits federal executive agencies from contracting with entities that use covered telecommunications products and services from certain Chinese companies like Huawei Technologies Company or ZTE...
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