Government Contracts MonitorBeware the “Bait And Switch”July 19, 2013 When preparing proposals and hiring personnel to perform a contract, contractors must be careful to avoid a “bait and switch” involving key personnel. In Dorado Services, Inc., B-408075 (Comp. Gen. June 14, 2013), the Department of the Navy, Naval Facilities Engineering Command issued a request for proposals for base support services including heating, ventilation, air conditioning,… A Relationship Between a Government Employee and a Contractor Employee Leads to a Felony ConvictionJuly 17, 2013 In a recent federal criminal case, a former GSA Assistant Property Manager pled guilty to false statements and witness tampering in connection with a facilities contract for the Lloyd D. George federal Courthouse in Las Vegas, Nevada. In United States v. Underhill, No. 12-CR-00301, the defendant, Steven Underhill, had a relationship with a woman named “L.V.” (undisclosed in court documents… Short TakesJuly 17, 2013 One year ago, the Office of Management and Budget (OMB) issued a policy memorandum directing agencies to accelerate payments to prime contractors – with the goal being 15 days from the receipt of a proper invoice – so that the prime contractor can accelerate payments to small business subcontractors. This memorandum was followed by a temporary FAR clause (reported here). This policy was… Is Corrective Action Reviewable? Yes, Even Under the FAA’s AMSJuly 15, 2013 Corrective action is reviewable, but it is not easy to overturn, as the Federal Aviation Administration (FAA) and Alutiiq Pacific LLC (Alutiiq), respectively, learned not too long ago, in Findings and Recommendations from FAA’s Office of Dispute Resolution for Acquisition (ODRA). After Alutiiq initially won an FAA award, a disappointed offeror, American Eagle Protective Services (AEPS),… Award Remains Cloudy: IBM Victorious in Protest Over CIA Computing ContractJuly 12, 2013 In a recent bid protest decision, IBM-U.S. Federal, B-407073.3 (Comp. Gen. June 6, 2013), (published June 14, 2013), GAO found that a four-year, $600 million CIA cloud computing contract was wrongly awarded to Amazon over IBM and other bidders. The decision was based on the agency’s relaxation of security terms during post-solicitation negotiations with Amazon and its failure to evaluate… New Whistleblower Protections Are Now In Effect For Employees Of Federal Contractors And SubcontractorsJuly 12, 2013 Over the years, Congress has enacted many whistleblower protection statutes aimed at specific industries to encourage employees in those industries to report fraud, waste, and abuse. All federal government contractors – at every level - should be aware of the newest whistleblower protection statute that went into effect on July 1, 2013. The statute, 41 U.S.C. § 4712, applies to all… Common Ownership = Common Control = AffiliationJuly 10, 2013 In the recent size appeal decision, Marple Fleet Leasing, LLC, SBA No. SIZ-5479 (June 24, 2013), the SBA’s Office of Hearings and Appeals (“OHA”) reiterated the well-established rule that affiliation may be based solely on ownership, even in the absence of any other independent grounds. If there were any doubt on this point previously (and there shouldn’t have been), there is certainly… If You Want to Become a Whistleblower, You Probably Shouldn’t Plead Guilty to Defrauding the GovernmentJuly 10, 2013 In a recent federal court decision, United States ex rel. Schroeder v. CH2M Hill, No. CV-09-5038, (E.D. Wash, May 13, 2013), the Court granted the government’s motion to dismiss a qui tam relator, Carl Schroeder, because Schroeder pled guilty to conspiracy to defraud the government with respect to the exact same overbilling scheme on which his False Claims Act qui tam action was based. The Court… Procuring Transparency: A Proposal to Standardize Procurement IdentifiersJuly 8, 2013 The Department of Defense, NASA, and the GSA are proposing to amend the FAR by implementing a process of standardizing the use of Procurement Instrument Identifiers (PIIDs). These identifiers would be unique to each contracting office within each agency, as well as other grant and finance offices throughout the Federal Government. This proposed rule, 78 Fed. Reg. 34020-01, which was… Be Careful What You Say In Your Teaming Agreements About ExclusivityJuly 2, 2013 In a rare federal appellate decision involving the interpretation of a government contractor teaming agreement, the U.S. Court of Appeals for the Fifth Circuit upheld the agreement’s exclusivity requirements in X Technologies Inc. v. Marvin Test Systems, Inc., No. 12-50230 (5th Cir. June 11, 2013). The U.S. Air Force (“USAF”) issued a small business set-aside solicitation for new testing… In a Rare Move, ASBCA Holds Contract Void Ab Initio Based Upon Fraudulent MisrepresentationJuly 1, 2013 The Armed Services Board of Contract Appeals (“ASBCA”) recently held a contract void ab initio for fraud in the inducement where the contractor fraudulently misrepresented its relationship with a proposed subcontractor holding certifications critical to the contractor’s eligibility for award. Servicios y Obras Isetan S.L., ASBCA No. 57584 (April 5, 2013). The case involved a firm… Update: The Court of Federal Claims Overturns the VA OSDBU and Affirms Company’s VOSB StatusJuly 1, 2013 As previously reported here, the Court of Federal Claims has not been happy with the Department of Veterans Affairs Office of Small and Disadvantaged Business Utilization (“OSDBU”). In January, the Court granted a preliminary injunction to the protestor in KWV, Inc. v. United States, No. 12-882C, re-instating the protestor’s status as a Veteran Owned Small Business… |
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