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Contractor Claims Forfeited Under Fraud Statutes

Client Alert | less than 1 min read | 08.06.14

The Federal Circuit in Veridyne Corp. (July 15, 2014) held that a contractor whose claims for payment were forfeited under the Special Plea in Fraud Statute (applicable when the contractor "knew that its submitted claims were false and . . . intended to defraud the government by submitting [its] claims") was not entitled to recovery even in quantum meruit for the value of work completed and accepted by the government. At the same time, the Federal Circuit upheld the imposition of False Claims Act penalties for each invoice submitted under a contract extension because the contractor's misleading proposal caused the extension to be "infected with fraud," and it upheld additional, CDA penalties for invoices found to be "unsupported."


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Client Alert | 2 min read | 07.15.26

CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations

As discussed in more detail here, the U.S. Department of War (DoW) recently issued a memorandum (Memo 26-P-1023, dated July 13, 2026) directing the immediate suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements (Level I and II self assessments are still permitted). Significantly, the memo directs that “all pending and future CMMC implementation milestones across DoW solicitations and contracts are held in abeyance until further notice.” Moreover, the DoW issued a memorandum on implementing these requirements (available here), directing agencies to issue amendments removing CMMC Level 2 and 3 requirements from active solicitations “as soon as practicable.” Contractors should monitor the government’s compliance with this requirement and should be prepared, if needed, to file a bid protest to protect their rights....

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