Government Contracts MonitorA Recent Court Decision Opens Door for “Crime Victims” of Statutory ViolationsFebruary 8, 2013 A decision by the District Court in the Southern District of Texas gives all companies another good reason (as if any were needed) to avoid criminal violations of statutes governing their conduct. In United States v. CITGO Petroleum Corp., No. C-06-563 (S.D. Tex. Sept. 14, 2012), the District Court reversed its prior decision and held that citizens harmed by a company’s criminal violation… For Rent: Two Iraqi Villas – Must Act ASAP – Former Tenant Going to Prison!February 6, 2013 In United States v. Jill Ann Charpia, No. 12-CR-00704 (S.D. Tex. 2012), a former Air Force officer was sentenced to 30 months in prison, three years of supervised release and $920,000 in restitution for falsely billing $1.27 million to the Government regarding Iraq reconstruction contracts. Charpia was the co-owner of Sourcing Specialist LLC. The company was awarded a contract to provide… Tumbling Dice: Employees Bribe Official to Score Government ContractsFebruary 1, 2013 The Justice Department just announced the entry of pleas by two employees of a machine products company in Georgia: Thomas Cole, the General Manager, and Fredrick Simon, a sales order processor. Cole and Simon pleaded guilty to bribing a public official working for Maintenance Center Albany (MCA), a military organization at the Marine Corps Logistics Base Albany, in order to get contracts… Contractors Beware: Make Sure the Person Issuing Orders Has Authority to Bind the GovernmentJanuary 30, 2013 In another cautionary tale for contractors, the Armed Services Board of Contract Appeals (ASBCA) denied a contractor’s claims for performance costs that resulted from constructive changes to the contract. The Board found that the government personnel allegedly directing the changes lacked proper authority to alter the contract. See ECC International, ASBCA No. 55781 (Dec. 28,… FY13 NDAA Imposes New Breach Reporting Requirements on Cleared Defense ContractorsJanuary 28, 2013 As previously reported here, despite the FAR rule proposed last August relating to the protection of nonpublic Government information, the contracting community continues to wait for the Department of Defense (DoD) to issue a proposed rule governing unclassified information under Defense Federal Acquisition Regulation Supplement (DFARS) Case 2008-D028, 75 Fed. Reg. 9563 (Mar. 3, 2010). Against… Warning: Don’t Go to Court Without Your Evidentiary Support!January 25, 2013 The United States Court of Appeals for the Fifth Circuit recently vacated and remanded a $43 million restitution judgment against two doctors who pled guilty to defrauding Medicare, Medicaid, and thirty private insurance companies by billing for pain injections that they never actually administered. United States v. Sharma, Nos. 11-20102, 11-20167, 11-20204 (5th Cir. Dec. 20, 2012). … Court of Federal Claims Tells Contractor to Go Pound SandJanuary 25, 2013 The Court of Federal Claims recently granted the Government’s motion to exclude expert testimony in case involving a contractor’s claims for utility location services, finding that the contract was unambiguous. See Cheaves v. United States, No. 12-228C (Fed. Cl. Jan. 10, 2013). At issue in the case was the interpretation of a particular line item in a firm fixed price contract calling for… Latest Insourcing Bid Protest Wins on Standing but Loses on Injunctive ReliefJanuary 22, 2013 In Dellew Corp. v. United States, No. 12-627C (Fed. Cl. Dec. 20, 2012), Judge Miller weighs in on the issue of insourcing and finds the plaintiff had standing but was not entitled to injunctive relief. The case involved an Air Force decision to insource awards and decorations and personnel-management support services at nine Air Force bases half-way through the fourth option year of… It’s Not Within the Agency’s Discretion to Ignore Aspects of a ProposalJanuary 18, 2013 The Court of Federal Claims granted a preliminary injunction to a government contractor in a bid protest case because the Army failed to properly document its evaluation of the protestor’s proposal. See Linc Gov’t Services, LLC v. United States, No. 12-522 (Fed. Cl. Dec. 28, 2012). The Court was highly critical of the agency, noting that while it had a great deal of discretion in… “YOU AIN’T GOT NOTHIN’ ON ME!”January 17, 2013 The Government disagrees. Policy statements from the current administration regarding corporate officer liability have warned of a more aggressive stance in prosecution of corporate officers under the Responsible Corporate Office Doctrine. Though not used extensively in recent years, the Doctrine is well known as a result of the United States v. Park, 421 U.S. 658 (1975), in which… Truth or Dare: The Benefits of Voluntary Disclosure and Cooperation in False Claims InvestigationsJanuary 15, 2013 Montgomery, Alabama construction company Caddell Construction Co. (“Caddell”) recently agreed to a non-prosecution agreement in which the company will pay a $2 million penalty to resolve Department of Justice (DOJ) allegations that the company made false statements in connection with the Mentor-Protégé and Indian Incentive Programs. Caddell worked on three military construction projects at Fort… Nondisplacement of Qualified Workers Under Service Contracts: One of President Obama’s First Executive Orders Finally Gets TeethJanuary 11, 2013 As we reported previously, one of the first Executive Orders issued after President Obama took office in 2009 related to a contractor’s or subcontractor’s ability to hire new employees when a contract to provide services to the Federal Government expires and a new contract for the same services is awarded to a different contractor. Executive Order 13495, Nondisplacement of Qualified… |
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