Government Contracts MonitorUnless the Agency Limits Discussions, Don’t Be Afraid to Revise Your Price (Or Anything Else)April 7, 2014 A recent decision by the Government Accountability Office (GAO) serves as a reminder that, absent limitations established by the agency, discussions and a call for final proposal revisions allow offerors to revise any aspect of their proposals. Medical Receivables Solutions, B-409358 (Comp. Gen. March 19, 2014) involved the Army’s award of an IDIQ contract with… Short Takes: DOD Seeks Comments on the Unintended Adverse Impacts of Contracting Statutes and DOD RegulationsApril 4, 2014 The DOD Director of Defense Procurement and Acquisition Policy (DPAP) is currently conducting an assessment to identify impacts experienced by industry resulting from contracting statutes that do not achieve the intended benefits, and has invited public comments identifying (i) particular impacts associated with specific statutes, as well as (ii) candidate DFARS and component supplements… GAO Affirms Past Performance Evaluation Benefits of Mentor-Protege Joint VenturesMarch 31, 2014 One of the long-recognized advantages of mentor-protege joint ventures is to enable a developing company to shore up and expand its past performance experience by claiming the past performance experience of its mentor. This advantage is particularly significant in view of the ever-increasing importance being accorded to past performance in best value procurements. The Government Accountability… Husband and Wife Off to Prison for Steering ScamMarch 31, 2014 In a recent case, a husband and wife were both sentenced to prison terms for their involvement in a conspiracy to steer military contracts. In United States v. Keith Johnson and Angela Johnson, No. 13-CR-00305 (E.D. Va. indictment filed July 16, 2013), the couple was charged in a conspiracy to commit wire fraud and actual counts of wire fraud in connection with a Vehicle Maintenance… Short Takes: DOD Proposes to Update the ASBCA’s RulesMarch 25, 2014 DOD has issued a new Proposed Rule updating the Rules of the Armed Services Board of Contract Appeals (“ASBCA”), in their entirety, and is inviting comments on or before April 29, 2014. The proposed changes update, revise and reorder the Board’s Rules, and attempt to resolve ambiguities and remove contradictions. Among other things, the proposed rule provides updated… Contractor Jailed for Cheating the Disadvantaged Small Businesses ProgramMarch 20, 2014 Michael Dunkel was sentenced recently to a 5-year prison term, followed by 2 years of supervised release, for fraudulently obtaining more than $4.4 million in government funds that should have gone to disadvantaged small businesses contractors. Dunkel’s scheme, as set forth in the court documents, was fairly straightforward. According to those documents, Dunkel learned that Keith Hedman… Short Takes: New Mentor-Protégé Programs Among SBA’s “Highest Regulatory Priorities” for 2014March 19, 2014 The Small Business Jobs Act of 2010, Pub. L. No. 111-240, § 1347(b)(3), authorized the Small Business Administration (SBA) to establish mentor-protégé programs for HUBZone, Service Disabled Veteran-Owned (SDVO) and Women-Owned small businesses, modeled on SBA’s existing 8(a) mentor-protégé program set forth in 13 C.F.R. § 124.520. Section 1641 of the National Defense Authorization… Administrative Law Judge Charged With Conflict of InterestMarch 19, 2014 The Government Contracts Monitor frequently addresses cases involving conflict of interests pertaining to government contractors. A recent case demonstrates that lawyers, and even judges, can also be involved in conflict of interest allegations related to procurements. On February 6, 2014, the District of Columbia Board of Ethics and Government Accountability (“BEGA”) filed a… Interim Rule Addressing Open-Ended Indemnity and Unauthorized Obligations Is Now FinalMarch 12, 2014 Last June, the FAR Councils issued an Interim Rule aimed at clarifying that open-ended indemnification provisions in End-User license Agreements (EULAs), Terms of Service (TOS) and other agreements are not binding on the Government unless expressly authorized by law – and shall be deemed stricken from such agreements. On December 31, 2013, the interim rule became a Final… The Stats Don’t Lie – Not Every Complaint is ValidMarch 11, 2014 The Department of Defense Inspector General (DoD IG) recently issued its Semiannual Report to Congress, covering the second half of FY 2013. The report summarizes the “achievements” of the DoD IG, as well as the military audit and investigative agencies. During the reporting period, the DoD IG identified $23.5 billion in potential monetary benefits and investigations conducted by the… DOD Adopts Final Rule Enhancing Whistleblower Protections and Interim Rule on Contractor Access to Litigation InformationMarch 11, 2014 Contractors should be aware of two Rules recently adopted by DOD – both effective February 28, 2014. First, DOD adopted a final rule implementing statutory amendments enhancing whistleblower protections for contractor and subcontractor employees. Second, DOD issued an interim rule allowing its litigation support contractors access to a broad range of “litigation information,” including… False Claims Act Recoveries – No Longer Just a Federal AffairMarch 6, 2014 For more than eight years – since the Deficit Reduction Act of 2005 – Congress has been incentivizing states to enact anti-fraud legislation modeled after the federal False Claims Act (FCA). While many states long ago enacted civil false claims acts that focused on Medicaid fraud, at least as of 2005 few states had broader statutes modeled on the federal FCA. This has changed and… |
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