Contractor Liable under False Claims Act for Subcontractor Payrolls
In a case involving the Davis-Bacon Act (40 U.S.C.A. Section 3142) and the False Claims Act (31 U.S.C Section 3729(a)(1)(B)), the United States District Court for the Middle District of Tennessee found a contractor liable to the United States for Read More
8(a) Contract Declared Void by District Court
On August 16, 2010, the United States District Court for the Eastern District of Virginia declared a HUD 8(a) contract void ab initio (from the beginning) and unenforceable. The Court found the contract to be tainted by fraud and wrongdoing Read More
8(a) Set-Aside versus HUBZone Priority – Permanent Injunction
On August 13, 2010, in DGR Associates, Inc. v. United States, 2010 WL 3199929 (Fed.Cl.), the United States Court of Federal Claims sustained the bid protest of a HUBZone company challenging the Air Force’s decision to set aside for the Read More
Air Force Challenged on Decision to Remove Credit Report Checks from 8(a) Program
In the case of K-Lak Corp v. U.S., 2010 WL 3123265, August 3, 2010, the United States Court of Federal Claims found it had jurisdiciton to hear an incumbent 8(a) contractor’s objection to the Air Force’s failure to exercise its Read More
Tucker Act Breach of Implied Contract Claim Fails
In the case of Peninsula Group Capital Corp. v. U.S., WL 3069581, August 6, 2010, the United States Court of Federal Claims dismissed a complaint filed against the United States for breach of a contract to transfer real estate. The Read More
Government Military Contractor Sued by Iraqis in Maryland District Court
The case of Al-Quraiski v. Nakhla, 2010 WL 3001986, July 29, 2010, is a sobering opinion by a Maryland federal District Court discussing government contractor civil liability for conduct while performing as a contractor in support of military operations. The Read More
Bid Protest Sustained – No Meaningful Discussions in Negotiated Procurement
An agency conducting discussions with an offeror for a government contract must convey the true nature of its concerns for the discussions to be meaningful. GAO sustained the bid protest of AMEC Earth & Environmental, Inc., in B-401961, B-401961.2 (December Read More
Navy Reverse-FOIA Case – Court Favors Release of Unit Prices
A July 23, 2010 decision by the District Court for the Southern District of California in the case of JCI Metal Products v. U.S. Dept. of the Navy, 2010 WL 2925436, affirmed the release of unit pricing on a prior Read More
Lessee of Federal Property no Standing to Sue — Randolph Sheppard Act
In 2008 the United States District Court in Hawaii found the Navy to be in violation of the Randolph-Sheppard Act (RSA) for not requiring private companies that lease Navy land at Pearl Harbor Naval Base to comply wth the RSA. Read More
False Claims Act Applies to Fraud, Not Normal Contract Disputes
The United States Court of Appeals, Fourth Circuit, affirmed a Virginia District Court’s decision granting summary judgment to the defendant in a qui tam suit brought under the False Claims Act. U.S. ex rel. Owens v. First Kuwaiti General Trading Read More
