Govconlaw Blog
The Requirement to State a “Sum Certain” No Longer a Jurisdictional Bar to Government Contract Claims
Published Date: August 28, 2023
The Boards of Contract Appeals, Court of Federal Claims, and the Federal Circuit have long held that the elements of a claim under the Contract Disputes Act (“CDA”) to be jurisdictional. Those requirements are as follows: (a) Claims generally.-- (1) Submission of contractor's claims to contracting officer.--Each claim by a contractor against the Federal Government relating to a contract shall [...] Read More
OMB Issues Final Guidance on Infrastructure Bill Domestic Sourcing Requirements: “Build America, Buy America”
Published Date: August 18, 2023
On August 15, 2023, the Office of Management and Budget (“OMB”) released its final guidance to federal agencies regarding the implementation of the Build America, Buy America (“BABA”) requirements under the Infrastructure Investment and Jobs Act (“IIJA,” or “Bipartisan Infrastructure Bill”). The IIJA is a one-trillion-dollar bill that invests in the following infrastructure categories: [R]oads, highways, bridges, public transportation, dams, [...] Read More
DOL Changes Prevailing Wage Rate Calculation and Other Davis-Bacon Regulations
Published Date: August 10, 2023
The Department of Labor (“DOL”) will soon issue final rules governing payment of workers on federal construction projects. Key changes include: Restructured calculation of “prevailing wages”; Incorporation of anti-retaliation measures to protect victims of violations; and Expanded rights to back wages where violations are found. Read our Alert here to learn more. Read More
Restrictions on TikTok and ByteDance Applications: Why? And How Do the Restrictions Apply?
Published Date: July 11, 2023
Effective June 3, Contracting Officers have been required to include a new contract clause in federal contracts banning the use of TikTok. The clause—which does not mention cellular phones, TikTok’s primary hardware—introduces a confusing set of requirements not seen in other information technology clauses. This article looks at the basis for the prohibition and then clarifies the scope of the [...] Read More
Supreme Court Strikes Objective Reasonableness Test for False Claims Act Knowledge Requirement
Published Date: June 6, 2023
A key element of False Claims Act (“FCA”) cases is a contractor’s knowledge that its claim is false, often referred to as the scienter requirement.[1] In many cases, the knowledge element is straightforward, such as a company falsely certifying it is small when it knows it is not. However, in a complex regulatory environment where there is often no authoritative [...] Read More
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