Government Contracts MonitorProcurement News and AnalysisGovernment Contractors and the President May Soon Have the Same SalariesJune 4, 2013 In a recent article by Joe Jordan, Administrator of the Office of Federal Procurement Policy, the Obama Administration announced it will be sending to Congress a legislative proposal to cap reimbursement for government contractor executive compensation. Jordan wrote that under current law, contractors can seek reimbursement for executive salaries, bonuses and other compensation up to the… Can Affiliates Be Suspended Indefinitely? Stay Tuned: The Eleventh Circuit is About to Tell UsMay 28, 2013 Agility Defense & Government Services, Inc., et al. v. U.S. Department of Defense, a case we have reported on twice before as it winds its way through the judicial system, is now before the U.S. Court of Appeals for the Eleventh Circuit and ready for oral argument. The importance of this case is that it tackles head-on the question of whether the FAR rule permitting a suspension and debarment… Past Performance Probes May Begin and End with Proposal ProffersMay 17, 2013 The Government Accountability Office (“GAO”) expects offerors to bear the burden of submitting the past performance information they wish an agency to consider in evaluating their proposals. In the recently decided protest FN Manufacturing LLC (“FNM”), B-407936 (Comp. Gen. April 19, 2013), the GAO stated it sees “no basis for concluding” that an agency is “required to search for… A Quote Is Not a Claim, but Be Ready for More Government CounterclaimsMay 10, 2013 When faced with a $95,115 Contract Disputes Act certified claim for improper cancellation of a purchase order for printed circuit cards, the United States Government didn’t just defend the claim – it went on the offensive by filing a False Claims Act (FCA) claim against the contractor. In Ulysses, Inc. v. United States, No. 06-436C (Fed. Cl. April 30, 2013), the Court of Federal Claims… SBA Announces New “ChallengeHER” Program for Women-Owned Small BusinessesMay 3, 2013 As part of the Obama Administration’s efforts to promote small businesses in federal contracting, the Small Business Administration (SBA) recently announced the ChallengeHER Campaign. The purpose of the campaign is to educate women business owners about federal procurement opportunities and introduce business owners to acquisition decision-makers in order to increase the percentage of… Army Successfully Shifts Meal Headcount Pricing Risks to ContractorsMay 1, 2013 With the winding down of operations in Iraq and Afghanistan, active duty military units are returning from overseas to their U.S. bases. One such military base is Fort Bragg. The Army, however, does not know exactly how many soldiers from the drawdown will be stationed at Fort Bragg. As a result, the Court of Federal Claims explained, “[I]t is unclear how much food will need… 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),… 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… 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… |
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