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COFC Denies Protest But Notes Possible Procurement Integrity And Antitrust Violations

Client Alert | 1 min read | 06.09.04

In Naplesyacht.com, Inc. v. United States, the Court of Federal Claims denied a protest despite finding that the Navy had abused its discretion in finding the two awardees' proposals technically acceptable, concluding that the protestor had not shown irreparable injury because its damage was limited to lost profit on one boat and because the Navy had assured the court that the awardees would have no advantage in follow-on competitions. However, the court took the unusual measure of providing its opinion to the Antitrust Division of the Justice Department, under seal, based on the proximity of the two awardees' prices, suggesting that one awardee had pre-bid knowledge of the other's proposal, in possible violation of Section 1 of the Sherman Act and Section 423 of the Procurement Integrity Act.

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Client Alert | 6 min read | 11.19.25

Buying Peace: The Importance of Releasing FCA Liability When Resolving Criminal Allegations of Fraud Against the Government

The facts before the Third Circuit in the recently decided case of Patel v. United States illustrate how parties can put themselves in a bind if they make factual admissions when resolving a criminal case involving fraud on the government while not simultaneously resolving the government’s civil claims under the False Claims Act (FCA) for the same underlying conduct....