Government Contracts Brief – Week of January 27, 2020

GAO and Modifications To Contracts

Normally, GAO will not hear a protest based on an allegation of improper modification of a contract; however, it will consider such as a basis of protest if the protestor demonstrates that the modification exceeds the scope of the contract and should have been the subject to full and open competition under the CICA. Leupold Stevens, Inc., B-417796, October 30, 2019.

SCOTUS Rules on FCA Statute of Limitations

The False Claims Act has two statutes of limitations: 1) six years to file suit from the time of an alleged fraud and 2) three years after the government official responsible to act knew or should of known of the facts of the alleged fraud, but not more than 10 years after the violation (the “government knowledge limitations”). Pursuant to a 2019 U.S. Supreme Court ruling (Cochise Consultancy Inc. et al. v. U.S. ex rel. Hunt) the government knowledge limitations period applies whether or not the government intervenes in the suit.

Requests For Consideration At GAO

An unsuccessful protestor at GAO may file a request for reconsideration (within 10 days from the date the basis is known or should have been known). In order to prevail on a request for reconsideration, the protestor must set out the factual and legal grounds upon which reversal or modification of the decision is warranted. It may not simply reiterate protest arguments or express a disagreement with the decision. GAO has added that pursuing a request for reconsideration based on GAO not specifically discussing in the decision an issue raised by a protestor will also result in a denial (Analytical Solutions by Kline, LLC; B-417161.3; July 11, 2019).

 

Attorney Kristi Morgan AronicaOur government contracts briefs, reports, and articles are published by Attorney Kristi Morgan Aronica. She serves as counsel to government contractors and subcontractors throughout Texas and nationally.