Welcome to the second edition of Legal Landscape, a series we have developed with Onvia’s blog to provide government contractors with a quick, but thorough, summary of important legal developments and regulations in government contracting, as well as a plain-English explanation of how those developments may affect contractors at all levels of government. In this issue, we discuss recent compliance and enforcement trends in federal as well as state and local government contracting. State and local contractors should keep in mind that state and local agencies often look to changes in federal regulations as a guideline; changes recently made in the federal arena are likely to trickle down to state and local governments soon.
Continue Reading Legal Landscape: Big Changes to Prevent Discrimination, Fraud and Non-Compliance
The 4th Circuit Expands Liability Under the False Claims Act
On January 8, 2015 the U.S. Court of Appeals for the Fourth Circuit issued a decision in United States v. Triple Canopy, which broadened the reach of the False Claims Act (FCA) by embracing the theory of implied certification. While it is too early to speculate about the impact of the decision, it certainly could…
Fourth Circuit Drastically Extends Statute of Limitations for False Claims Act Actions – Contractors Appeal to Supreme Court
The False Claims Act (“FCA”) is a law that contractors must take very seriously. What many contractors fail to realize is that the reach of the FCA goes beyond the filing of fraudulent contract claims. In fact, it seems as though the government is actually searching to find new and interesting theories of application. This…
BEWARE OF UNDERBIDDING – FALSE CLAIMS ACT APPLIES TO ‘BUYING IN’
By: Edward T. DeLisle & Maria L. Panichelli
We’ve warned you before: the False Claims Act should be taken seriously. In recent years, the government has been increasingly willing to wield the provisions of the FCA as weapons, zealously punishing offending federal contractors.
A recent opinion United States ex rel. Hooper v. Lockheed Martin …
Beware the False Claims Act
By: Edward T. DeLisle
Pursuant to the Contract Disputes Act of 1978 (CDA), every claim on a federal construction project that is in excess of $100,000 must be certified. The reasoning behind this policy is simple: the government wants to discourage the submission of questionable and/or inflated claims. As such, for each claim in…