On April 2, the United States District Court for the Eastern District of Virginia dismissed a whistleblower’s False Claims Act (FCA) action after the relator attempted to dismiss the government as a plaintiff-intervenor in the lawsuit.
Continue Reading False Claims Act Gives Broad Dismissal Authority to Government, District Judge SaysNew False Claims Act Settlement Highlights Importance of Voluntary Self-Disclosures and Due Diligence
By Richard Arnholt on
Posted in False Claims Act, Government Contracts
According to an April 1 Department of Justice (DOJ) press release, DRI Relays Inc. (DRI), a subsidiary of TE Connectivity Corporation (TEC) and manufacturer of electrical relays and sockets used on military platforms, agreed to pay $15.7 million to settle allegations that it violated the False Claims Act (FCA). The company supplied military parts that failed to meet the required military testing specifications, while falsely certifying that they did. The settlement highlights the benefits of self-disclosures, the importance of robust diligence during the acquisition process, and the lengthy nature of some FCA investigations.
Continue Reading New False Claims Act Settlement Highlights Importance of Voluntary Self-Disclosures and Due DiligenceChanges to Government Contracting and Grants Under the Trump Administration
By Richard Arnholt & Adam Briscoe on
Posted in Government Contracts
We recently authored an article for Federal News Network discussing how to navigate Trump administration changes to government contracting and grants.
Continue Reading Changes to Government Contracting and Grants Under the Trump AdministrationDOJ Settlement Highlights Customs, FCA Risks for Importers
By Lindsey Fetzer, Thad McBride & Todd Overman on
On March 25, 2025, the U.S. Department of Justice (DOJ) announced an $8.1 million settlement in a civil case under the False Claims Act (FCA) related to alleged customs evasion by a California importer of wood flooring. The private whistleblower who reported the conduct received over $1.2 million in the matter. As we suggested in a blog post in February, these sorts of enforcement actions will proliferate under the Trump DOJ.
Continue Reading DOJ Settlement Highlights Customs, FCA Risks for ImportersTrump Administration Revises SBA’s Small Business Goals
By Richard Arnholt on
On January 24, the SBA announced updated small business contracting goals for fiscal year 2025, significantly decreasing some goals and standardizing targets across federal agencies. These changes bring the small business targets more closely in line with historic targets.
Continue Reading Trump Administration Revises SBA’s Small Business GoalsSmall Business Size Protest Minute: The Ostensible Subcontractor Exception that (Almost) Swallowed the Rule
By Richard Arnholt on
As many of our readers know, the ostensible subcontractor rule is one way in which the Small Business Administration (SBA) can find affiliation between a small business and one of its subcontractors, potentially resulting in the small business’s disqualification from a procurement. The rule is designed to ensure that small businesses perform the primary and vital requirements of a set-aside contract and are not unduly reliant on an entity that is not similarly situated to perform the contract. Allegations of affiliation based on this doctrine are frequently made in size protests, putting at risk awards that small businesses have expended significant time and resources to secure.
Continue Reading Small Business Size Protest Minute: The Ostensible Subcontractor Exception that (Almost) Swallowed the RuleSBA’s OHA Finds Initial Offer To Be Of Consequence, Not Final Proposal Revision, for the “180-Day Rule”
On February 19, the Office of Hearings and Appeals (OHA) denied an appeal from an unsuccessful bidder who argued the awardee was large due to an acquisition that occurred while the award was pending. OHA found that Small Business Administration (SBA) regulations prohibit awards to concerns where a merger or acquisition occurs, resulting in the new business becoming “large,” within 180 days of the initial offer rather than a final proposal revision. This understanding follows the general rule that SBA determines a concern’s size as of the date of the initial offer. We explore the decision and its implications below.
Continue Reading SBA’s OHA Finds Initial Offer To Be Of Consequence, Not Final Proposal Revision, for the “180-Day Rule”Fourth Circuit Terminates Maryland District Court’s DEI Injunction
On March 14, the U.S. Court of Appeals for the Fourth Circuit granted the government’s motion for a stay pending appeal, terminating a Maryland district court’s injunction of certain elements of President Trump’s January 20 and 21 diversity, equity and inclusion (DEI) executive orders (EO), “Ending Radical and Wasteful Government DEI Programs and Preferencing” and “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” We wrote about the district court’s injunction here and here.
Continue Reading Fourth Circuit Terminates Maryland District Court’s DEI InjunctionBid Protest Minute: Bidder’s Responsibility to Submit Well-Drafted Proposal
By Richard Arnholt on
Posted in Bid Protest Minute, Bid Protests
On February 26, GAO denied the protest of Mission Analytics, Inc., challenging the award of a small business set-aside contract to ThunderCat Technology, LLC, explaining that “it is a firm’s responsibility to submit a well-written quotation.” The protest underscores the fact that proposals lacking sufficient detail and the requested information may be deemed technically unacceptable and ineligible for award. It is crucial that companies carefully review proposals before submission to ensure they cover all the requirements of an RFQ.
Continue Reading Bid Protest Minute: Bidder’s Responsibility to Submit Well-Drafted ProposalDepartment of Defense Issues Affirmative Action Class Deviation
Following U.S. General Services Administration’s (GSA) lead, which we wrote about here, on March 4, the Department of Defense (DoD) issued a Class Deviation—Restoring Merit-Based Opportunity in Federal Contracts—directing DoD Contracting Officers (COs) to “remove, replace, and not enforce Federal Acquisition Regulation (FAR) solicitation provisions and contract clauses associated with Executive Order (EO) 11246, Equal Employment Opportunity.”
Continue Reading Department of Defense Issues Affirmative Action Class Deviation