Government Contracts & Investigations


Posts from Susan Ebner

DC Circuit Sets FCA Offset Standard to Limit What the Government Can Recover in USA v. Honeywell International Inc.

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The civil False Claims Act (FCA) prohibits entities from fraudulently inducing the Government to contract, take or refrain from taking action, or make payment.  Under the FCA, contractors that falsely certify their compliance with contract specifications can be assessed a civil penalty for each false claim in addition to treble damages.  In USA v. HoneywellRead More

Topics: Fraud, False Claims, and False Statements

Growing Issue of Inflation in Government Contracts Supply Chain Leads to DoD Clarification on Potential for Relief

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Traditionally, a fixed price government contract is one in which the contractor absorbs the risks and costs of performance.  Absent an economic price adjustment (EPA) clause in the contract, an unforeseeable event, such as a force majeure, or government imposed contract change, the contractor is stuck with the benefit or lack of benefit of theRead More

Topics: Contract Administration, Supply Chain Risk Management

SEC Issued Proposed Rule on Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure

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Increasingly, the Federal government implements a rule for government contractors which then makes its way in some form into all of US industry.  Cybersecurity regulations, mandating that government contractors, grant and agreement holders, and their subcontractors, maintain certain security controls and report on cyber incidents, have been in effect for a number of years.  Indeed,Read More

Topics: Cyber, Data Security, and Privacy

For DoD Acquisitions Greater than $10 Million, Enhanced Debriefing Is Here to Stay

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Effective immediately, the Department of Defense (DoD) Federal Acquisition Regulation (DFARS) issued its final rule to provide enhanced post-award debriefing rights in competitive negotiated contracts, task orders, and delivery orders exceeding $10 million. The final rule applies to DoD acquisitions greater than $10 million of commercial products, including those for Commercially Available Off-the-Shelf items, andRead More

Topics: Bid Protests and the Contracting Process

Department of Homeland Security Issues “SHIELDS UP” Advisory for All Organizations Regardless of Size

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This week the Department of Homeland Security (DHS) Cybersecurity and Infrastructure Agency (CISA) issued a “SHIELDS UP” advisory.  While it does not identify specific threats in the advisory, CISA states that the “Russian government understands that disabling or destroying critical infrastructure – including power and communications – can augment pressure on a country’s government, militaryRead More

Topics: Cyber, Data Security, and Privacy