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Trade Agreements Act Compliance: Federal Circuit Clarifies

Federal Govcon.mofo.com

LinkedIn0Tweet0 A variety of arcane domestic-preference regimes apply to many Federal procurements – the Buy American Act (BAA), the Trade Agreements Act (TAA), the Berry Amendment, and the Cargo Preference Act, to name a few. In Acetris Health, LLC v. United States, the Court of Appeals for the Federal Circuit recently denied a Government appeal

Mens Health
6 days ago / 147 People Used See more...

Supreme Court Will Take Up Implied Certification Theory Of

Implied Govcon.mofo.com

On December 4, 2015, the Supreme Court of the United States granted certiorari in Universal Health Services, Inc. v. Escobar, agreeing to take up the validity and application of the implied certification theory of False Claims Act (FCA) liability. The implied certification theory of liability provides that a party may be held liable for violating the FCA where that party has made a request for

Cats Health
3 days ago / 95 People Used See more...

Department Of Health And Human Services OIG Publishes Work

Operations Govcon.mofo.com

Last week, the Office of Inspector General (OIG) for the U.S. Department of Health and Human Services (HHS) published its 2016 Work Plan, summarizing new and ongoing reviews for the upcoming year planned by OIG regarding HHS programs and operations.. Each review plan includes OIG’s primary objectives as well as the year in which OIG expects its reports to be issued, the office …

Mens Health
1 days ago / 74 People Used See more...

Ed Jackson Joining Morrison & Foerster Government

Federal Govcon.mofo.com

Ed has represented defense and health care clients in these matters in litigation before the Armed Services Board of Contract Appeals, the Government Accountability Office, the United States Court of Federal Claims, various Federal District Courts, and the …

Mens Health
1 days ago / 85 People Used See more...

So, Just When You Thought You Were Getting A Handle On

Procurement Govcon.mofo.com

Jay is a litigator and former Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice. Clients from the aerospace, technology, and health care sectors seek his representation in all facets of government procurement law, from bid protests to complex claims and disputes through suspension and debarment.


4 days ago / 169 People Used See more...

MoForward 2021 — Annual Government Contracts Program

October Govcon.mofo.com

MoForward 2021 — Annual Government Contracts Program. Please join us for our annual MoForward event, which will be presented this year as a series of 10 live webinars starting Monday, October 5 and ending Friday, October 9. In order to register, click …

Mens Health
5 days ago / 101 People Used See more...

All Is Not Forgiven: PPP Forgiveness And Credits

Issues Govcon.mofo.com

Ed Jackson is a litigator and counselor in the Government Contracts & Public Procurement practice. Ed focuses on government procurement law and litigation for defense and health care contractors, with an emphasis on cost issues under the Federal Acquisition Regulation cost principles and the Cost Accounting Standards (“CAS”).


7 days ago / 94 People Used See more...

CIO SP4 Draft RFP Implications For JV/Partnerships

Information Govcon.mofo.com

LinkedIn0Tweet0 The National Institute for Health Information Technology Acquisition and Assessment Center (NITAAC) released its draft request for proposals (the “Draft RFP”) for the new $40 billion Chief Information Officer-Solutions and Partners 4 (CIO-SP4) Government-Wide Acquisition Contract (GWAC) (succeeding the popular CIO-SP3) earlier this year.

Cats Health
Just Now / 98 People Used See more...

Contracting In The Fog Of War: Recovering Costs Caused By

Worldwide Govcon.mofo.com

Like the rest of the nation, and indeed the whole world, contractors today are fighting a war against an invisible enemy. As we observed in a previous post, responding to COVID-19 raises wartime contracting issues on the home front and abroad. In “Contracting in the Fog of War,” we reported on IAP Worldwide Servs., Inc., ASBCA Nos. 59397 et al., 17-1 BCA ¶ 36763 (May 17, 2017), in which


1 days ago / 110 People Used See more...

Top 10 International Anti Corruption Developments For

LinkedIn0Tweet0 Govcon.mofo.com

LinkedIn0Tweet0 In order to provide an overview for busy in-house counsel and compliance professionals, we’ve summarized below some of the most important international anti-corruption developments from the past month, with links to primary resources. This month we ask: How will new U.S. Department of Justice (DOJ) guidance affect cash-strapped companies seeking to …

Mens Health
1 days ago / 131 People Used See more...

DOJ Plans To Dismiss Another Whistleblower FCA Case

Health Govcon.mofo.com

LinkedIn0Tweet0 In the ever-evolving False Claims Act (FCA) arena, the Government told the court that it intends to move to dismiss a whistleblower suit against United Health Group’s Executive Health Resources, Inc. (EHR) for allegedly assisting hospitals in overcharging for outpatient care. The Granston Memo, issued by Department of Justice (DOJ) in January 2018, directs


3 days ago / 104 People Used See more...

The Government Contractor: Here Is How You Actually

Procurement Govcon.mofo.com

Jay is a litigator and former Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice. Clients from the aerospace, technology, and health care sectors seek his representation in all facets of government procurement law, from bid protests to complex claims and disputes through suspension and debarment.

Mens Health
Just Now / 162 People Used See more...

Top Cybersecurity Considerations For Government

Department Govcon.mofo.com

LinkedIn0Tweet0 Although it was already apparent, recent events have made it even clearer that cybersecurity is an essential concern for government contractors. The coming year is poised to include many cybersecurity-related changes and developments. Below we highlight just a few: Continued Rollout of Department of Defense’s CMMC Program The Department of Defense (DoD) …

Mens Health
3 days ago / 136 People Used See more...

DOD Proposes Enhanced Debriefing Regulations Government

Defense Govcon.mofo.com

LinkedIn0Tweet0 Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA) ushered in enhanced post-award debriefing requirements for covered Department of Defense (DOD) procurements. DOD formally implemented part of those requirements in 2018 in Class Deviation 2018-O0011, which required DOD agencies to give debriefed offerors two business days in …

Mens Health
7 days ago / 101 People Used See more...

Practical Considerations For Requiring Employees To Report

Orders Govcon.mofo.com

LinkedIn0Tweet0 As the number of reported cases of COVID-19 continues to increase dramatically, several states, including California, Connecticut, Illinois, Massachusetts, Maryland, New York, New Jersey, Ohio, and Louisiana, have issued public health orders requiring over one-fourth of Americans to stay at home. More states are likely to follow. While these orders generally require non


9 days ago / 164 People Used See more...

Taking The Mystery Out Of Data Rights Government

Procurement Govcon.mofo.com

Jay is a litigator and former Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice. Clients from the aerospace, technology, and health care sectors seek his representation in all facets of government procurement law, from bid protests to complex claims and disputes through suspension and debarment.

Mens Health
4 days ago / 100 People Used See more...

Top 10 International Anti Corruption Developments For

Foreign Govcon.mofo.com

LinkedIn0Tweet0 In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This month we ask: Which company resolved a foreign bribery case in Scotland? What was the outcome of a three-year foreign

Mens Health
9 days ago / 136 People Used See more...

U.S. District Court For The District Of Columbia Finds

Failed Govcon.mofo.com

In a decision sure to bring some comfort to contractors providing information technology equipment and services to the federal government, a U.S. district court judge recently granted a motion to dismiss a False Claims Act (FCA) suit, finding that the relator both failed to establish materiality under the FCA and failed to prove the necessary scienter on the part of the contractor.


5 days ago / 193 People Used See more...

A Summary Of The Defense Production Act Government

LinkedIn0Tweet0 Govcon.mofo.com

LinkedIn0Tweet0 Last week, the President announced that he was invoking a Cold War-era law called the Defense Production Act (DPA), 50 U.S.C. §§ 4501 et seq., to ensure the Nation is able to acquire the “health and medical resources needed to respond to the spread of COVID-19, including personal protective equipment and ventilators.” While some

Mens Health
6 days ago / 95 People Used See more...

FDA Embraces Internet Of Things: New Draft Guidance On

Cybersecurity Govcon.mofo.com

Because the consequences of cybersecurity breaches related to medical devices can be serious, manufacturers, health care facilities, and providers will be well served by factoring in the FDA guidance into their existing cybersecurity plans. Learn more about the FDA’s draft guidance.


7 days ago / 107 People Used See more...

Top 10 International Anti Corruption Developments For

LinkedIn0Tweet0 Govcon.mofo.com

LinkedIn0Tweet0 In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary resources. This month we ask: What did a U.S. appellate court say about a plaintiff’s ability to bring retaliation claims based on

Mens Health
2 days ago / 143 People Used See more...

CARES SBA Loan Eligibility And Process (UPDATED

LinkedIn0Tweet0 Govcon.mofo.com

LinkedIn0Tweet0 (This post has been updated on May 5, 2020) The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) allows certain eligible companies and individuals to obtain loans of up to $10 million or 2.5 times the average monthly payroll costs over the last year, whichever is less, from the Small Business Administration


8 days ago / 100 People Used See more...

New Rule Implementing NDAA Prohibition: U.S. Agencies

Representation Govcon.mofo.com

Jay is a litigator and former Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice. Clients from the aerospace, technology, and health care sectors seek his representation in all facets of government procurement law, from bid protests to complex claims and disputes through suspension and debarment. More ›

Mens Health
3 days ago / 176 People Used See more...

Data Rights Assault: What In The H (clause) Is Going On

Procurement Govcon.mofo.com

Jay is a litigator and former Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice. Clients from the aerospace, technology, and health care sectors seek his representation in all facets of government procurement law, from bid protests to complex claims and disputes through suspension and debarment.


6 days ago / 150 People Used See more...

Top Ten International Anti Corruption Developments For

LinkedIn0Tweet0 Govcon.mofo.com

LinkedIn0Tweet0 In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This month we ask: Which company received the first declination under the Department of Justice’s (DOJ) new FCPA Corporate …

Mens Health
Just Now / 145 People Used See more...

Top Ten International Anti Corruption Developments For

LinkedIn0Tweet0 Govcon.mofo.com

LinkedIn0Tweet0 In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This month we ask: Is the U.S. Department of Justice (DOJ) still using undercover operations and wiretaps to make FCPA cases?

Mens Health
1 days ago / 147 People Used See more...

DOD’s Other Transactions: Data Rights & Intellectual

Procurement Govcon.mofo.com

Jay is a litigator and former Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice. Clients from the aerospace, technology, and health care sectors seek his representation in all facets of government procurement law, from bid protests to complex claims and disputes through suspension and debarment.


1 days ago / 128 People Used See more...

Millennials Outraged Over GAO Decision Upholding DoD

Millennials Govcon.mofo.com

(Editor’s Note: The author of this post is millennial, though she does not admit it and we don’t hold it against her.) “Outraged” may be a tad dramatic, and the Department of Defense (DoD) didn’t actually make any determinations about millennials and their work ethic, but nevertheless millennials took center stage in the Government Accountability Office’s (GAO’s) recent decision


2 days ago / 160 People Used See more...

Top 10 International Anti Corruption Developments For

LinkedIn0Tweet0 Govcon.mofo.com

LinkedIn0Tweet0 In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary resources. This month we ask: Which countries rose and which fell in this year’s Transparency International Corruption Perceptions Index?

Mens Health
1 days ago / 150 People Used See more...

House Passes A $484 Billion Relief Package; Treasury And

Billion Govcon.mofo.com

LinkedIn0Tweet0 On Thursday, April 23, 2020, the U.S. House of Representatives voted in favor of the $484 billion relief package that passed in the Senate earlier this week. Once signed into law, the legislation will revive the Small Business Administration (SBA) Paycheck Protection Program (PPP), which had its initial $349 billion in appropriated funding exhausted


9 days ago / 169 People Used See more...

Department Of Defense Adopts AI Ethical Principles To

Popular Govcon.mofo.com

Popular science fiction is replete with examples of artificial intelligence (AI) gone awry, from HAL, the killer AI of Arthur C. Clarke’s 2001: A Space Odyssey, to the supercomputer bent on nuclear annihilation in WarGames, to the robot forces of 2004’s I, Robot.. Concern about the secure, effective, and unbiased use of AI by the Department of Defense (DoD), however, is very real, and of

Mens Health
Just Now / 171 People Used See more...

Data Rights: Current Developments & Pending DOD Changes

Procurement Govcon.mofo.com

Jay is a litigator and former Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice. Clients from the aerospace, technology, and health care sectors seek his representation in all facets of government procurement law, from bid protests to complex claims and disputes through suspension and debarment.

Mens Health
8 days ago / 140 People Used See more...

MoFo And ACC Seminar: Intellectual Property And Data

Procurement Govcon.mofo.com

Jay is a litigator and former Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice. Clients from the aerospace, technology, and health care sectors seek his representation in all facets of government procurement law, from bid protests to complex claims and disputes through suspension and debarment.


Just Now / 173 People Used See more...

False Claims Act Trends: Technical Data, Software And IP

Procurement Govcon.mofo.com

Jay is a litigator and former Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice. Clients from the aerospace, technology, and health care sectors seek his representation in all facets of government procurement law, from bid protests to complex claims and disputes through suspension and debarment.


6 days ago / 130 People Used See more...

Universal Health: The Supreme Court Approves Implied

Theory Govcon.mofo.com

On June 16, 2016, a unanimous Supreme Court blessed the implied false certification theory of False Claims Act (FCA) liability, resolving a circuit split on the theory’s legitimacy. The Court held that implied certification will succeed as a theory of liability where (1) the claim makes specific representations about the goods and services being provided and (2) the defendant’s failure to

Health Insurance
4 days ago / 229 People Used See more...

Coronavirus Update: The Defense Production Act Is Not A

Procurement Govcon.mofo.com

Jay is a litigator and former Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice. Clients from the aerospace, technology, and health care sectors seek his representation in all facets of government procurement law, from bid protests to complex claims and disputes through suspension and debarment.

Coronavirus Health
Just Now / 176 People Used See more...

Aveta And The Use Of Confidential Info In FCA Cases

Inc Govcon.mofo.com

In a recent case in the District of Puerto Rico, United States ex rel. Valdez v. Aveta Inc., et al., No. 15-cv-01140-CCC (D.P.R.), the former president of Puerto Rican-based managed health care provider Aveta Inc., Jose Valdez, alleged that the health care company submitted as much as $350 million in false claims to the government through the Medicare Advantage program by manipulating …


3 days ago / 130 People Used See more...

FedPubs Government Contracts Conference, MoFo Partner Jay

Procurement Govcon.mofo.com

Jay is a litigator and former Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice. Clients from the aerospace, technology, and health care sectors seek his representation in all facets of government procurement law, from bid protests to complex claims and disputes through suspension and debarment.

Mens Health
2 days ago / 160 People Used See more...

Post Brexit UK Public Procurement Reform Government

Procurement Govcon.mofo.com

Post-Brexit UK Public Procurement Reform. The Procurement Bill announced in the Queen’s Speech at the opening of Parliament in May 2021 was one of 30 new bills on the UK government’s legislative agenda for the coming year. The main aim of the Procurement Bill is to reform the government procurement process in the UK and create replacements

Mens Health
8 days ago / 137 People Used See more...

OFCCP Seeks Comments On Annual AAP Certification Proposal

Office Govcon.mofo.com

LinkedIn0Tweet0 Government contractors may soon be required to certify annually that they have affirmative action programs (“AAP”) in place for their U.S. workforce. On September 14, 2020, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a notice seeking comments for its proposal to the Office of Management and Budget (“OMB”) for approval of: (1)

Cats Health
9 days ago / 139 People Used See more...

Interim Rule Issued To Implement 2019 NDAA Prohibition On

Representation Govcon.mofo.com

Jay is a litigator and former Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice. Clients from the aerospace, technology, and health care sectors seek his representation in all facets of government procurement law, from bid protests to complex claims and disputes through suspension and debarment. More ›

Mens Health
Just Now / 261 People Used See more...

Vavra Decision Highlights Avenues For Potential Anti

LinkedIn0Tweet0 Govcon.mofo.com

LinkedIn0Tweet0 On February 3, 2017, the Fifth Circuit decided US ex rel Vavra v. Kellogg Brown & Root, No. 15-41623, 2017 WL 473873 (5th Cir. 2017), determining that defendant KBR could be held vicariously liable under the enhanced penalty provisions of the Anti-Kickback Act (AKA), 41 U.S.C. § 8701-07, for one of its employee’s acceptance of


1 days ago / 153 People Used See more...

Contractor Relief Unclear Under The CARES Act Government

Relief Govcon.mofo.com

LinkedIn0Tweet0 On Wednesday, the Senate passed a $2 trillion relief package – the Coronavirus Aid, Relief, and Economic Security or CARES Act – intended to relieve some of the worst economic effects of the coronavirus pandemic. In addition to sweeping relief measures for individuals and state and local governments, the bill provides significant measures for

Mens Health
2 days ago / 125 People Used See more...

Bayh Dole Regulatory Update Offers Clarifications To

Federal Govcon.mofo.com

LinkedIn0Tweet0 Effective May 1, 2018, newly issued federal government contracts, grants, and cooperative agreements will be subject to revised regulations implementing the Bayh-Dole Act, the federal statute governing title and license rights for inventions developed with federal funding. The new regulations were issued on April 13, 2018 by the Department of Commerce, National Institute of

Cats Health
1 days ago / 235 People Used See more...

Executive Order Seeks To Limit The Use Of Foreign Workers

Executive Govcon.mofo.com

LinkedIn0Tweet0 On August 3, 2020, President Trump signed an Executive Order aimed at limiting the use of foreign workers on federal contracts and subcontracts. The issuance of the Executive Order comes on the heels of the Tennessee Valley Authority, a federally owned utility, announcing plans to outsource 20% of its technology jobs overseas.


Just Now / 165 People Used See more...

Top 10 International Anti Corruption Developments For

LinkedIn0Tweet0 Govcon.mofo.com

LinkedIn0Tweet0 In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This month we ask: What changes did the U.S. Department of Justice’s (DOJ) Criminal Division make in how monitors are selected and

Mens Health
1 days ago / 167 People Used See more...

Guidance On The EU Procurement Regime During COVID 19

Commission Govcon.mofo.com

The European Commission has issued guidance on how the EU public procurement framework can and should be used during the COVID-19 crisis. While the Commission has not relaxed any of the existing EU procurement rules, it has clearly emphasized the flexibility that already exists under the regime for the purchase of the supplies, services, and works needed to address the crisis.

Covid 19 Health
8 days ago / 165 People Used See more...

Department Of Defense March Towards CMMC Continues

LinkedIn0Tweet0 Govcon.mofo.com

LinkedIn0Tweet0 Although, as of late, the coronavirus and its impact have been top of mind for government contractors and, indeed, the entire world, the Department of Defense (DoD) has continued undeterred with its planned implementation of the Cybersecurity Maturity Model Certification (CMMC) program. Below we highlight some recent developments, preview upcoming activities …

Mens Health
6 days ago / 154 People Used See more...

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FAQ govcon.mofo.com health

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Healthy eating means eating a variety of foods that give you the nutrients you need to maintain your health, feel good, and have energy . These nutrients include protein, carbohydrates, fat, water, vitamins, and minerals. Nutrition is important for everyone. When combined with being physically active...

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