Due to the government’s increased focus on domestic preference requirements – for example, through President Trump’s formal policy and action plan for agencies to “scrupulously monitor, enforce, and comply” with the so-called “Buy American Laws,” and Congress’s proposed legislation to make certain Buy American requirements more robust – contractors should not be surprised if there is a corresponding increase in related False Claims Act (FCA) activity.  Notwithstanding, based on a review of recent FCA decisions, we have found that courts generally have been skeptical of attempts by relators to allege FCA liability regarding a purported Buy American Act (BAA) or Trade Agreements Act (TAA) violation.  We discuss these decisions and provide several key takeaways that will help contractors avoid (and defeat) such FCA lawsuits in an article that can be downloaded here.

Tags: BAA, Buy American, Buy American Act, Domestic Preferences, False Claims Act, FCA, TAA, Trade Agreements Act
Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Peter B. Hutt II Peter B. Hutt II

Peter Hutt represents government contractors in False Claims Act and fraud matters, and accounting, cost, and pricing disputes and counseling matters.

Peter is a leading False Claims Act lawyer in the government contracts arena. He has represented contractors for 35 years in dozens…

Peter Hutt represents government contractors in False Claims Act and fraud matters, and accounting, cost, and pricing disputes and counseling matters.

Peter is a leading False Claims Act lawyer in the government contracts arena. He has represented contractors for 35 years in dozens of matters alleging cybersecurity noncompliance; cost mischarging; CAS violations; quality assurance deficiencies; substandard products and services; defective pricing; health care fraud; price reduction issues; inadequate subcontractor oversight; and reverse false claims. He has testified before Congress concerning the False Claims Act, and is a thought leader in the field. Peter also conducts internal investigations and advises clients on whether and how to make disclosures of potential wrongdoing. He has also handled many parallel civil/criminal fraud investigations, with the firm’s white collar lawyers.

Peter also represents contractors and grantees in accounting, cost, and pricing matters, and other contract and grant matters. He has addressed issues concerning pensions and post-retirement benefits; TINA and defective pricing; alleged CAS violations; cost accounting practice changes; alleged charging of unallowable and expressly unallowable costs; terminations; contract financing; price reduction clause issues; subcontracting and supply chain compliance; specialty metals compliance; and small business and DBE compliance. He has litigated cost, accounting, and contract breach matters in the Court of Federal Claims and the ASBCA.

Peter is recognized for his work by Chambers USA. As to False Claims Act work, Chambers notes “His relationship with the prosecutors and his knowledge of the space were absolutely unrivalled.” As to cost and accounting work, Chambers notes that “Peter’s style gets results. He is very efficient and open,” and also notes “Peter brings a depth of experience in contract accounting matters that few can match.”

Read more about Peter B. Hutt IIEmail
Show more Show less