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Supreme Court Rules on WSLA, FCA’s First-to-File Rule

The Supreme Court reversed the Court of Appeals for the Fourth Circuit’s holding a qui tam False Claims Act action was timely, because the Wartime Suspension of Limitations Act applies only to criminal offenses, not to civil claims. The Court also … Continue reading

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Negligent Audit Claim Barred by Discretionary Function Exception

The District Court for the District of Delaware granted the government’s motion to dismiss for lack of jurisdiction because a contractor’s allegations the Defense Contract Audit Agency violated the Federal Tort Claims Act were barred by the discretionary function exception. … Continue reading

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$657 Million FCA Award against Jet Engine Contractor Reversed

A False Claims Act damages award was reversed and remanded by the Court of Appeals for the Sixth Circuit because the district court did not properly account for the role competition played in determining the fair market value of the … Continue reading

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GAO Completes Review of DFARS Rulemaking Procedures

The Government Accountability Officer has issued a final report entitled “Department of Defense: Acquisition Rulemaking Practices.” For the April 17, 2015, report (GAO-15-423R), GAO analyzed 279 final and interim DFARS rules published in the Federal Register between 2010 and 2014 to determine the … Continue reading

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FAR Rule Implements Equal Employment Opportunity Executive Order

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council have issued FAC 2005-81, which contains one interim rule amending the Federal Acquisition Regulation. The rule, “Further Amendments to Equal Employment Opportunity” (FAR Case 2015-013), adds employment protections based … Continue reading

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FAR Class Deviation to Resolve Conflicting Contractor T’s & C’s

The General Services Administration is requesting feedback on a proposed class deviation to the Federal Acquisition Regulation and the General Services Acquisition Regulation to address common Commercial Supplier Agreement terms that are inconsistent with federal law. CSAs are standard forms … Continue reading

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$1.1 Million Settlement in FCA Suit Alleging SDVOSB Was Front

The Department of Justice has announced that Gilbane Building Company will pay $1.1 million to resolve allegations that W.G. Mills Incorporated – a company with which Gilbane merged in November 2010 – violated the False Claims Act by creating a … Continue reading

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