As in recent years, the False Claims Act (“FCA”) continued to serve as a primary tool utilized by the federal government against government contractors in 2021. The government collected more than $150 million in matters involving the government’s purchase of goods and services, including allegations related to the procurement process, failing to comply with contract
DOJ Recovered $5.6 Billion from False Claims Act Cases in FY 2021
The Department of Justice (DOJ) recently announced that it obtained more than $5.6 billion in False Claims Act (FCA) settlements and judgment in the fiscal year ending Sept. 30, 2021. This is the second largest annual total in FCA history and the largest since 2014.
DOJ reports that “matters that involved the health care industry”
$15 Per Hour Minimum Wage for Federal Contractors Takes Effect
The Federal Acquisition Regulatory Council recently issued an interim rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order 14026 “Increasing the Minimum Wage for Federal Contractors” and a final rule issued by the Department of Labor. The Executive Order “seeks to raise the hourly minimum wage paid by contractors to workers performing
ESOPs to Be Eligible for Sole-Source Follow-On Contracts
Section 874 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022 contains what is believed to be the first-ever federal government contracting program designed to specifically encourage and benefit businesses wholly owned through an Employee Stock Ownership Plan (ESOP). Key features of this proposed pilot program — which include sole-source follow-on awards
Bradley’s Government Contracts Practice Group Named Law360 ‘Practice Group of the Year’
Bradley is pleased to announce that the firm’s Government Contracts Practice Group was recently named a 2021 Law360 Practice Group of the Year.
“This incredible recognition is the direct result of our group’s hard work and dedication; we could not be more grateful to our incredible clients, who entrust us with a broad array
PPP Appeal Process Overview
In 2022, there will inevitably be an uptick in the number of appeals of Small Business Administration (SBA) loan decisions in the Paycheck Protection Program (PPP) context. This is due simply to the passage of time, to the point where a significant number of PPP recipients have applied for or will be applying for forgiveness
Federal Circuit Weighs in on Prejudice in Bid Protests
Ringing out 2021, the U.S. Court of Appeals for the Federal Circuit, in Systems Studies & Simulation, Inc. v. United States, recently held that there generally is no presumption that a protester has suffered competitive prejudice, even where the protester has successfully demonstrated that an agency’s evaluation was irrational. This article provides a brief
Miller Act Suit Stayed until CDA Remedies Exhausted
A federal district court in Washington recently rejected a subcontractor’s motion for reconsideration of a previously granted motion to stay in a Miller Act lawsuit (the Miller Act governs prime contractor bond requirements on federal projects and sets forth remedies against the bond for subcontractors, vendors, and suppliers on such projects). In United States of
Infrastructure Bill Appropriates Funds to Disadvantaged Business Enterprises
H.R. 3864, the Infrastructure Investment and Jobs Act or Bipartisan Infrastructure Bill (BIB), passed a vote by the U.S. House of Representatives on November 5, 2021, and will soon become law upon signing by President Biden. Certain provisions of the Surface Transportation division (Division A) of the BIB will be of particular interest to Disadvantaged
Bid Protests in Alabama
Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our post on “Bid Protests in New York”). For the next state in this ongoing series, we focus on the bid protest procedures in the State of Alabama.
Who May Protest and When?
a. Administrative