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Hewlett-Packard and the need for “particularity” in qui tam cases

The False Claims Act encourages individuals with knowledge of fraud against the Government to file a court action seeking damages for the fraud.  It does this by promising a bounty. The relator...

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What happened to the Contract Disputes Act?

Title 41 of the U.S. Code holds many of the key laws governing contracts with the federal government. A four-year effort to organize this collection of public contract laws and remove “ambiguities,...

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Will e-commerce portals replace the Federal Supply Schedules?

The General Services Administration estimates the size of the federal market for commercial products to be about $50 billion a year. Manufacturers and distributors of commercial products have seen...

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Does the Christian Doctrine apply to subcontractors?

Under the Christian Doctrine, prime contractors face the risk of having a court or a board of contract appeals read a clause into their contracts, even if it was omitted from the contract that they...

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Big changes to the Buy American Act are coming—will they matter?

On July 15, 2019, President Trump signed Executive Order 13881 addressing domestic preferences in government procurement. Unlike Executive Order 13788 (April 18, 2017) and Executive Order 13858 (Jan....

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Federal Circuit weighs in on Trade Agreements Act compliance and the meaning...

Sorting through domestic preference requirements applicable to government contracts is no simple task. Different agencies like the DOD, FTA, FAA, FHWA, have their own rules applicable to certain...

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Will “Buy American and Hire American” hurt American business?

President Trump’s April 18, 2017 Executive Order announces that it is “the policy of the executive branch to buy American and hire American.” It demands that federal agencies enforce and comply with...

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Proposed FAR Amendments to Buy American Act Increase Competition for Federal...

A proposed amendment to the Federal Acquisition Regulations (“FAR”) published on July 30, 2021 will “strengthen the impact of the Buy American Act” (“BAA”) over the next eight years, according to the...

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