John Sorrenti

John Sorrenti

John Sorrenti represents clients in all aspects of government contracts law.  He has represented contractors in litigating claims against the United States before the boards of contract appeals.  Mr. Sorrenti also has litigated numerous bid protests at the Court of Federal Claims, the Government Accountability Office, and at the state and local level, and has represented contractors in size protests before the Small Business Administration Area Offices and the Office of Hearings and Appeals.

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The Perils of Bad Recordkeeping: A Lack of Country of Origin Documentation Results in Adverse Inference of Non-Compliance with the Trade Agreements Act

In a recent False Claims Act (“FCA”) case, United States ex rel. Louis Scutellaro v. Capitol Supply, Inc., the U.S. District Court for the District of Columbia held that the defendant’s failure to retain Country of Origin (“COO”) documentation for the products it sold to the government entitled the relator and the government to an … Continue Reading

Contracting by Tweet: What Impact Can the New Administration Have on Existing Contracts and Future Awards?

Among the many subjects to receive President-elect Trump’s attention in advance of his swearing in on January 20 are venerable defense contractors and their performance of major systems contracts.  The Boeing Company (Boeing) and Lockheed Martin (Lockheed) have both felt the “heat of the tweet” – Boeing for the projected cost of the next generation … Continue Reading

Updated OMB Breach Response Policy Includes Required Breach-Related Provisions for Federal Agency Contracts

On Monday, our colleague Caleb Skeath posted on Inside Privacy an engaging article that discusses the new Office of Management and Budget policy setting forth minimum standards for federal agencies in preparing for and responding to breaches of personally identifiable information (PII) and the expected contractual changes that agencies will impose on contractors whose systems … Continue Reading

Double Your Pleasure: GAO’s Annual Protest Report Shows that Sustain Rate Has Almost Doubled, But the Effectiveness Rate Remained Flat

In mid-December, GAO issued its Bid Protest Annual Report to Congress for Fiscal Year 2016.  The report reveals, among other things, that GAO’s protest sustain rate for this past fiscal year (“FY”) was 22.56%, almost double that of FY 2015.  While this is perhaps the most notable data point, the report once again provides a … Continue Reading

DoD Finalizes Rule on Policies for Cyber Incident Reporting

On October 4th, the Department of Defense (DoD) issued a Final Rule implementing mandatory cyber incident reporting requirements for DoD contractors and subcontractors who have “agreements” with DoD.  The Final Rule also highlights DoD’s desire to encourage greater participation in the voluntary Defense Industrial Base (DIB) cybersecurity information sharing program.  This Rule is effective on … Continue Reading

Strict DoD Sourcing Requirements for PV Devices

As part of an ongoing Department of Defense (“DoD”) effort to increase its energy efficiency,  late last month the U.S. Army committed to develop its largest renewable energy project to date — a 65MW  wind and solar  project at Fort Hood.  This ambitious project will need to comply with the latest DoD rules regarding sourcing … Continue Reading

Take it To the Limit: CBCA Limits Application of Maropakis Requirement to Initially Submit Certain Defenses to Government Actions as CDA Claims

Ever since the Federal Circuit held in M. Maropakis Carpentry, Inc. v. United States, 609 F.3d 1323, 1331 (Fed. Cir. 2010) that “a contractor seeking an adjustment of contract terms must meet the jurisdictional requirements and procedural prerequisites of the [Contract Disputes Act], whether asserting the claim against the government as an affirmative claim or … Continue Reading

Time Is On My Side: DoD Hears Industry Concerns – Additional Time Provided to Implement Security Controls Under New Cyber Rule

On December 30th, the Department of Defense (DoD) issued a Second Interim Rule amending its “Network Penetration Reporting and Contracting for Cloud Services” Interim Rule and giving  contractors until December 31, 2017 to implement the NIST SP 800-171 security controls required by DFARS 252.204-7012.  As noted in a previous post, DoD has already issued a … Continue Reading

SBA OHA: In Three-Factor Test to Determine Small Business Manufacturers, No Single Factor is Determinative

In Size Appeal of NMC/Wollard Inc., SBA No. SIZ-5668, the Small Business Administration Office of Hearings and Appeals (“OHA”) clarified the three factor test used to determine whether a small business qualifies as a manufacturer of the end item being procured.  The decision confirmed that no single factor has greater weight than the others, and … Continue Reading

Seventh Circuit Rejects Doctrine of Implied False Certification to Establish False Claims Act Liability

In United States v. Sanford-Brown, Limited, No. 14-2506 (7th Cir. June 8, 2015), the Seventh Circuit declined to adopt the “so-called doctrine of implied false certification” to establish liability under the False Claims Act (“FCA”). This doctrine treats an invoice submitted by a contractor as an implicit representation that the contractor has complied with any … Continue Reading
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