Biden’s Biggest Stick in Buy American Push Is Anti-Fraud Law
Whether President Joe Biden’s Buy American executive order gets government contractors to comply with supply source rules could depend on how bold whistleblowers are and how aggressively the Justice Department relies on the False Claims Act, attorneys say.
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Behind the Curtain
Contracting officers “have been loathe” to look behind a contractor’s representation or certification of compliance, said Merle M. DeLancey Jr., who represents contractors at Blank Rome LLP, Washington.
With respect to establishing materiality under Escobar, they will have to add language to requests for proposals stating explicitly that BAA compliance is material to the government’s decision to award contracts and pay, he said.
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"Biden’s Biggest Stick in Buy American Push Is Anti-Fraud Law," by Daniel Seiden was published in Bloomberg Law on January 28, 2021.