Civil Procedure & Litigation Flashcards
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Read the first 7 Civil Procedure & Litigation flashcards as text
Under the Contract Disputes Act, a contractor's claim must first be submitted to whom?
Answer: The contracting officer
CDA claims go to the contracting officer for a final decision.
After a contracting officer's final decision, a contractor may appeal to:
Answer: The Board of Contract Appeals or the Court of Federal Claims
The CDA allows appeal to an agency board of contract appeals or the US Court of Federal Claims.
Within how many days must GAO generally decide a bid protest?
Answer: 100
GAO must resolve bid protests within 100 days of filing.
In a False Claims Act qui tam action, who files suit?
Answer: A private relator on behalf of the government
Qui tam lets a private person sue for the government and share in any recovery.
What damages can the False Claims Act impose on a liable contractor?
Answer: Treble damages plus per-claim civil penalties
The FCA provides for three times the government's damages plus civil penalties per false claim.
Why can the US government generally not be sued without its consent?
Answer: Sovereign immunity
Sovereign immunity bars suits against the US unless Congress waives it.
In Department of the Navy v. Egan, the Supreme Court held that:
Answer: Clearance decisions are committed to the executive branch and not reviewable on the merits by the MSPB
Egan held that granting or denying access to classified information is a discretionary executive function.
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