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Government Contracts Monitor

Suspension and Debarment

Short Take: FAR Council Issues Final Rule on Contract Restrictions Based on Felony Convictions and Delinquent Taxes

The Federal Acquisition Regulation (FAR) Council recently adopted its previously proposed restrictions on federal agencies’ ability to enter into contracts with corporations having a delinquent federal tax liability or a felony conviction under any federal law. The final rule, which took effect on September 30, 2016, establishes an outright prohibition against contracts where either of these…

Short Take: Annual Report on the Status of Federal Suspension and Debarment

Every year, the Interagency Suspension and Debarment Committee (ISDC) reports to Congress concerning statistics on federal suspension and debarment. The ISDC released 2016’s annual report on June 15. The 10 page release shows that federal agencies completed a total of 918 suspension actions and 1,873 debarments in FY 2015.  These figures are somewhat lower than those reported in 2014, when 1,009…

Translation Firm to Pay $1.47M to Resolve Overtime and SCA Wages and Benefits Underpayments

The U.S. Department of Labor (DOL), Wage and Hour Division (WHD) recently announced that a Monterey, California-based translation and interpretation company that does work for the federal government and other clients has agreed to pay $1.47 million in wages and benefits to its nationwide corps of interpreters to resolve federal labor laws violations identified as the result of two separate WHD…

61-Count Indictment for Falsely Certifying Davis-Bacon Act Wages

A recently-filed indictment highlights the substantial personal liabilities that a company principal may face if the company fails to pay required minimum wages, and particularly if the company submits false certifications to the Government as to the wages paid.  U.S. v. Marcus Butler, N.D. Ohio Case No. 1:15 CR 0415Specifically, the Department of Justice and U.S. Attorney’s Office for the…

Foreign Corrupt Practices – Contractors Getting Off Too Light or DOJ Coming On Too Heavy?

Since September 2011, the Department of Justice (DOJ) has tried and failed numerous times to meet its burden of proof in Foreign Corrupt Practices Act (FCPA) enforcement actions.  These cases have been referred to by some as “debacles”.  Perhaps that helps explain why the DOJ recently and somewhat surprisingly announced its settlement of a significant FCPA case with Louis Berger…

Short Take: GSA OIG Report Touts Success in Detecting Fraud

The General Services Administration (GSA) Office of Inspector General (OIG) recently released its semiannual Report to the Congress detailing its efforts and successes in the important work of detecting fraud and mismanagement within the GSA’s programs and operations.  The report, which is required, covers the period between October 1, 2014 and March 31, 2015. 

During this period, the…

Combating Human Trafficking: Do You Know What Your Employees Did Last Summer?

On March 2, 2015, the Department of Defense’s Final Rule, "Federal Acquisition Regulation; Ending Trafficking in Person," available here (the Rule), became effective.  Pursuant to the Rule, revised FAR 52.222-50, Combatting Trafficking in Persons, must be included in all contracts and solicitations.  Although the Rule implements previous mandates, contractors must be aware of notably…

Suspension & Debarment: Administrative Agreements as Road Maps for Compliance

Most contractors have at least a general understanding that suspension and debarment should be avoided like the plague. Being found nonresponsible and, therefore, ineligible to do business with the government (or its prime contractors and subcontractors) would be a death knell for many companies. As many contractors know, however, you can challenge a notice of suspension and debarment -- and even…

If You See Smoke, Check for Fire

Given the FAR 9.103(b) mandate that “no purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility,” FCi Federal, Inc. (FCi) was surprised when the Department of Homeland Security (DHS) awarded a $210 million contract to FCi’s competitor, USIS PSD. Why? Because  the award came after a flurry of media reports containing allegations of…

 

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