Government Contracts MonitorGovernment Continues to Target Colleges and Universities with False Claims Act ClaimsApril 29, 2013 We've all known for a long time now that institutions of higher education are exposed to lawsuits, including those brought by whistleblowers and the Department of Justice (DOJ) under the False Claims Act (FCA). The upward trend in these cases that began a few years ago is continuing. While healthcare related claims continue to lead the way, representing more than half of the FCA… “The Godfather” Made an Offer He Should Have RefusedApril 26, 2013 In a recent case in federal court in California, a self-described “Godfather” of Camp Pendleton has been charged with accepting bribes on a flooring contract at the Camp. In United States v. Cervantes, No. 13-CR-01345 (C.D. Cal. filed Mar. 29, 2013) (see copy of Complaint here), the Defendant allegedly accepted a $40,000 bribe in connection with a $4 million flooring contract. According to… NAVAIR Responsible for DESC Price Increases Unrelated to Market FluctuationsApril 24, 2013 Sometimes one federal agency is responsible for claims related to price increases and the actions of another federal agency. One such situation is found in Raytheon Missile Systems Company, ASBCA No. 57594 (March 18, 2013), where the Armed Services Board of Contract Appeals recently sustained an appeal involving a nearly two-fold price increase in the cost of JP-10 fuel. Raytheon Missile… Montgomery County Chamber of Commerce GovConNet Procurement ConferenceApril 22, 2013 On Friday, May 17, 2013, the Montgomery County Chamber of Commerce (“MCCC”) will hold its annual GovConNet Procurement Conference at the Universities at Shady Grove from 7:30 am to 3:00 pm. Congressman Chris Van Hollen is the Honorary Chair of this annual conference that attracts 800+ businesses ready to work with federal, state and local governments, prime contractors and each other! The… If at First You Don’t Succeed…Try a New Title: Navy Announces Superior Supplier Incentive Program to Replace Preferred Supplier ProgramApril 22, 2013 As we previously reported here, almost three years ago the Navy announced a plan to introduce a “Preferred Supplier Program” (“PSP”) to reward contractors that have excelled in the areas of cost, schedule, performance, quality and business relations. The Navy received comments in response to this proposal, most notably from the Council of Defense and Space Industry… OFCCP Assertion of Jurisdiction Over “Subcontractor” Hospitals UpheldApril 19, 2013 As we have previously reported, the Office of Federal Contract Compliance Programs (OFCCP) has had the health care industry in its sights for some time. While most health care providers have never heard of the OFCCP, a recent decision by the U.S. District Court for the District of Columbia, UPMC Braddock v. Seth Harris (Acting Secretary of Labor), Civil Action No. 09-1210 (D.D.C. March 30, 2013),… Attacking Agency Evaluations – It Can Be DoneApril 17, 2013 A recently publicized GAO decision, IBM Corp., U.S. Federal, B-406934 et al., provides a window into how IBM successfully challenged a Veteran’s Administration award to HP Enterprise Services, LLC (“HP”) in a best value procurement where technical factors were significantly more important than price. According to IBM, the agency misevaluated proposals, erroneously concluding that IBM did… Claims Involving GSA Schedule Items: Do You Present The Claim To The GSA Contracting Officer Or The Ordering Agency Contracting Officer?April 15, 2013 This is a situation only a government contracts law geek could love. Where does an aggrieved contractor file a claim for improper termination and associated damages and fees involving supplies/services offered on the General Services Administration Supply Schedule? A divided U.S. Court of Appeals for the Federal Circuit attempted to answer this pithy legal issue in Sharp Electronics… E-Discovery in the TrenchesApril 15, 2013 On April 22, 2013, the Appalachian Institute of Digital Evidence will present a case study and live demonstration about e-discovery in Charleston, WV. Topics include: relating claims to data; lawyer/client communication about litigation readiness, internal systems and individual datapractices; and limiting and responding to discovery requests. The Beat Goes On – Continued Expansion of the False Claims ActApril 10, 2013 Bad news: On March 18th the United States Court of Appeals for the Fourth Circuit significantly broadened the scope of False Claims Act (FCA) liability for government contractors. United States ex rel. Carter v. Halliburton, No. 12-1011 (4th Cir. Mar. 18, 2013). How? By holding that the Wartime Suspension of Limitations Act (WSLA) delays the FCA’s six-year statute of… Coming Soon to a State Near You: Stricter False Claims Act LegislationApril 8, 2013 In an attempt to ensure state false claims legislation keeps up with recent amendments to the federal False Claims Act (FCA), the Office of Inspector General of the Department of Health and Human Services (DHHS OIG) recently updated its guidelines for determining whether a state’s false claims act qualifies for monetary incentives provided under section 1909 of the Social Security Act. The… Employee or Independent Contractor? Getting Worker Classification RightApril 5, 2013 Michael Schrier will be speaking on this topic at an April 18, 2013, seminar. The presentation entitled, “Employee or Independent Contractor? Getting Worker Classification Right” will discuss how the IRS and states enforce classification rules and available resources to help companies properly classify workers. If you would like to participate in this webinar or attend in person,… |
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