Amid Uncertainty, Government Contractors Should Document, Notify, and Escalate Claims
Fox Rothschild | The Federal Government Contracts & Procurement Blog
by David Timm
2d ago
Government contractors working for the Department of Education (DE), the United States Agency for International Development (USAID), and other agencies like the National Science Foundation (NSF) and Consumer Financial Protection Bureau (CFPB) are under immense pressure amidst the uncertainty brought on by the new presidential administration. There are reports that payments to contractors under active ..read more
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Two Federal Courts Order Trump Administration To Unfreeze Funding
Fox Rothschild | The Federal Government Contracts & Procurement Blog
by Keeley McCarty, Robbie Pratt and Jacob Green
2d ago
The US District Court for the District of Rhode Island and the US District Court for the District of Columbia both have issued Temporary Restraining Orders (TROs) enjoining the Government from enforcing the Office of Management and Budget’s (OMB) January 27, 2025, memorandum M-25-13, “Temporary Pause of Agency Grant, Loan, and Other Financial Assistance Programs ..read more
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Trump Administration (Sort Of) Abandons Funding Freeze
Fox Rothschild | The Federal Government Contracts & Procurement Blog
by Keeley McCarty, Robbie Pratt, Michael Brewer and Jacob Green
6d ago
The Office of Management and Budget (OMB) issued memorandum M-25-13, “Temporary Pause of Agency Grant, Loan, and Other Financial Assistance Programs,” (OMB Memo) on Tuesday, January 27, 2025.  Two days later on January 29, 2025, OMB rescinded its Memo amid litigation challenging the freeze.  While this likely means that the impacted grant and assistance programs ..read more
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Executive Orders to Watch for Federal Contractors and Fund Recipients
Fox Rothschild | The Federal Government Contracts & Procurement Blog
by Keeley McCarty, Jaeho Lee and Jacob Green
1w ago
President Trump signed a multitude of Executive Orders (EOs) during his first two weeks in office. EOs are directives from the President to federal agencies that do not require Congressional approval. EOs include mandates that take immediate effect and others that require some groundwork by federal agencies to effect, such as the drafting of implementing ..read more
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FCA Whistleblower Complaints Reach All Time High in 2024
Fox Rothschild | The Federal Government Contracts & Procurement Blog
by Keeley McCarty
2w ago
The U.S. Department of Justice (DOJ) published its 2024 False Claims Act (FCA) statistics and press release this week touting $2.9 billion in judgments and settlements last fiscal year, slightly higher than 2023’s $2.7 billion.  Healthcare fraud again was the primary area of recovery at $1.67 billion, but DOJ also declared significant recoveries for federal ..read more
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Late is Late Update: eSimplicity Upheld
Fox Rothschild | The Federal Government Contracts & Procurement Blog
by David Timm
1M ago
The Federal Circuit just dismissed the Government’s “Late is Late” appeal on Dec. 16th as moot, preserving the split between the Court of Federal Claims (COFC) and the Government Accountability Office (GAO) on the issue of timeliness.[1] My advice to protesters appealing late bid proposals remains the same: Always take your timeliness protests to COFC ..read more
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Appeals Down, ADR Up at CBCA in 2024
Fox Rothschild | The Federal Government Contracts & Procurement Blog
by Keeley McCarty and Jacob Green
2M ago
The Civilian Board of Contract Appeals (CBCA) recently posted its Annual Report for Fiscal Year 2024 (Report).  In Fiscal Year 24 (FY24), Contract Disputes Act (CDA) appeals were down, while Alternative Dispute Resolution (ADR) proceedings were up.  In FY24, the CBCA docketed 319 new cases, down from 409 in FY23 and 372 in FY22.  Out ..read more
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FCA 101: Knowledge
Fox Rothschild | The Federal Government Contracts & Procurement Blog
by Keeley McCarty, Alina Chernin and Jane Han
2M ago
This is the third blog in a series on the False Claims Act (FCA), 31 USC §§ 3729, et seq., which targets any person that knowingly submits false claims for payment or false statements material to false claims to the US government. You can check out our previous posts here and here. To prove a ..read more
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GAO Report: Most Protesters Receive Relief
Fox Rothschild | The Federal Government Contracts & Procurement Blog
by David Timm
2M ago
“What are my chances?” This is the most common question clients ask when considering whether to protest.  GAO’s Annual Report to Congress shows that the “effectiveness” rate of protests is over 50 percent and continues to rise over the last twenty years. Protesting at GAO continues to represent a good value for contractors, especially considering ..read more
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FCA 101: Falsity
Fox Rothschild | The Federal Government Contracts & Procurement Blog
by Keeley McCarty, Alina Chernin and Jane Han
4M ago
To prove a False Claim under the False Claims Act (FCA), the government or relator must establish three elements: In this blog post, we will explore the Falsity element.  The FCA does not define “false,” but courts have established two types of falsity that can create liability under the FCA: factual falsity and legal falsity ..read more
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