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Alternative Procurement Yields Protestor Bid Preparation Costs

Client Alert | less than 1 min read | 10.02.08

Klinge Corp. v. U.S. (Sept. 30, 2008) presented the unusual situation of the agency, after remand from a successful protest of an IDIQ award, purchasing the items under a separate Federal Supply Schedule contract instead. Perceiving no attempt to circumvent the prior ruling of the court or otherwise to act in bad faith, the CFC found that the two awards could have overlapped in any event and refused to enjoin the FSS award, while awarding the protestor its bid preparation costs under the original solicitation.

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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....