December 7, 2012
In a recent bid protest challenging the Army’s award of an 8(a) contract to an allegedly ineligible small business, Reema Consulting Services, Inc. v. United States, No. 12-402C (Fed. Cl. Nov. 26, 2012), the Court of Federal Claims stated that:
Like the Roman God Janus, plaintiff concurrently looks backward and forward in requesting relief.
Unfortunately for the Protestor, channeling the ancient…
December 4, 2012
Federal government contractors with at least fifty employees and government contracts valued at more than $50,000 are required to have affirmative action plans “to employ and advance in employment qualified special disabled veterans, veterans of the Vietnam era, recently separated veterans, and other protected veterans at all levels of employment, including the executive level.” 41 C.F.R. §…
December 3, 2012
On November 27, 2012, President Obama signed S. 743, the "Whistleblower Protection Enhancement Act of 2012." The Act is a significant enhancement to existing whistleblower protections for federal employees. The Act passed both houses of Congress with unanimous support.
The Act expands the protections of the Whistleblower Protection Act of 1989. According to a…
November 29, 2012
In all the recent hand-wringing about what sequestration is, whether it will happen and what it will mean for federal procurement if it does (see, e.g., our previous article ), one group has too often been overlooked in the discussion: the federal procurement professionals who will play a central role in how the sequestration plays out.
There is no doubt that, if implemented, sequestration will…
November 27, 2012
As previously reported here, the Federal Government has a procurement preference program for biobased products called BioPreferred. On November 19, 2012, the Department of Agriculture (USDA) designated 12 new categories of products that qualify for this preferential treatment. Thus, effective December 19, 2012, federal agencies are generally required to purchase biobased products within these…
November 26, 2012
Here in Washington, DC, sequestration (or the "fiscal cliff") is the number one topic of conversation. But, what is it and what does it mean for federal contractors across the country? This is the first in a series of articles on sequestration and its impacts on federal contractors nationwide.
At its heart, sequestration is the result of political gamesmanship gone bad. …
November 21, 2012
Taxpayers Against Fraud recently released information about fiscal year 2012 recoveries under the False Claims Act. The $9 billion collected in 2012 doubled that collected in 2011. The 2012 sum includes criminal fines and civil settlements from both federal and state FCA cases. The largest settlements were from the pharmaceutical and banking industries. Notably, 28 of the 30 largest settlements…
November 19, 2012
In a recent federal criminal case pending in the United States District Court for the District of Utah, United States v. Robert Lustyik, Michael Taylor, and Johannes Thaler, No. 12-CR-00645 (D. Utah filed Oct. 18, 2012), a former FBI Agent and a former Green Beret in the U.S. Special Forces were indicted on multiple charges related to a criminal investigation concerning a military contract in…
November 16, 2012
The U.S. Court of Appeals for the Sixth Circuit becomes the third circuit to hold that the Fraud Enforcement and Recovery Act of 2009 (“FERA”) amendments to the liability provisions of the False Claims Act (“FCA”) apply to all cases pending after June 7, 2008. See United States ex rel. Sanders v. Allison Engine Co., Nos. 10-3818/10-3821 (6th Cir. Nov. 2, 2012). This trend,…
November 15, 2012
Over the last several months and right up through the recent election, there has been much public discussion about possible sequestration and its automatic and severe budget cuts to defense and domestic federal spending that are supposed to take effect January 2, 2013. Given the uncertainty surrounding these billions in potential federal budget cuts and their possible effect on large…
November 13, 2012
Last week the United States intervened in a False Claims Act lawsuit against Fluor Corporation. The case, filed by a whistleblower – a former Fluor employee – is pending in the U.S. District Court for the Eastern District of Washington, United States ex rel. Rambo v. Fluor Hanford, LLC , No. CV-11-5037 (E.D. Wash. filed Feb. 23, 2011). The False Claims Act authorizes private parties…
November 9, 2012
The Armed Services Board of Contract Appeals (ASBCA) recently ruled on an appeal of a decision by the Defense Contract Management Agency (“DCMA”) regarding allowable costs under the FAR. Although the case involves a relatively small amount of money, it is instructive regarding the types of indirect costs that are allowable and chargeable to the Government.
In Thomas Associates, Inc., ASBCA…
December 7, 2012
In a recent bid protest challenging the Army’s award of an 8(a) contract to an allegedly ineligible small business, Reema Consulting Services, Inc. v. United States, No. 12-402C (Fed. Cl. Nov. 26, 2012), the Court of Federal Claims stated that:
Like the Roman God Janus, plaintiff concurrently looks backward and forward in requesting relief.
Unfortunately for the Protestor, channeling the ancient…
December 4, 2012
Federal government contractors with at least fifty employees and government contracts valued at more than $50,000 are required to have affirmative action plans “to employ and advance in employment qualified special disabled veterans, veterans of the Vietnam era, recently separated veterans, and other protected veterans at all levels of employment, including the executive level.” 41 C.F.R. §…
December 3, 2012
On November 27, 2012, President Obama signed S. 743, the "Whistleblower Protection Enhancement Act of 2012." The Act is a significant enhancement to existing whistleblower protections for federal employees. The Act passed both houses of Congress with unanimous support.
The Act expands the protections of the Whistleblower Protection Act of 1989. According to a…
November 29, 2012
In all the recent hand-wringing about what sequestration is, whether it will happen and what it will mean for federal procurement if it does (see, e.g., our previous article ), one group has too often been overlooked in the discussion: the federal procurement professionals who will play a central role in how the sequestration plays out.
There is no doubt that, if implemented, sequestration will…
November 27, 2012
As previously reported here, the Federal Government has a procurement preference program for biobased products called BioPreferred. On November 19, 2012, the Department of Agriculture (USDA) designated 12 new categories of products that qualify for this preferential treatment. Thus, effective December 19, 2012, federal agencies are generally required to purchase biobased products within these…
November 26, 2012
Here in Washington, DC, sequestration (or the "fiscal cliff") is the number one topic of conversation. But, what is it and what does it mean for federal contractors across the country? This is the first in a series of articles on sequestration and its impacts on federal contractors nationwide.
At its heart, sequestration is the result of political gamesmanship gone bad. …
November 21, 2012
Taxpayers Against Fraud recently released information about fiscal year 2012 recoveries under the False Claims Act. The $9 billion collected in 2012 doubled that collected in 2011. The 2012 sum includes criminal fines and civil settlements from both federal and state FCA cases. The largest settlements were from the pharmaceutical and banking industries. Notably, 28 of the 30 largest settlements…
November 19, 2012
In a recent federal criminal case pending in the United States District Court for the District of Utah, United States v. Robert Lustyik, Michael Taylor, and Johannes Thaler, No. 12-CR-00645 (D. Utah filed Oct. 18, 2012), a former FBI Agent and a former Green Beret in the U.S. Special Forces were indicted on multiple charges related to a criminal investigation concerning a military contract in…
November 16, 2012
The U.S. Court of Appeals for the Sixth Circuit becomes the third circuit to hold that the Fraud Enforcement and Recovery Act of 2009 (“FERA”) amendments to the liability provisions of the False Claims Act (“FCA”) apply to all cases pending after June 7, 2008. See United States ex rel. Sanders v. Allison Engine Co., Nos. 10-3818/10-3821 (6th Cir. Nov. 2, 2012). This trend,…
November 15, 2012
Over the last several months and right up through the recent election, there has been much public discussion about possible sequestration and its automatic and severe budget cuts to defense and domestic federal spending that are supposed to take effect January 2, 2013. Given the uncertainty surrounding these billions in potential federal budget cuts and their possible effect on large…
November 13, 2012
Last week the United States intervened in a False Claims Act lawsuit against Fluor Corporation. The case, filed by a whistleblower – a former Fluor employee – is pending in the U.S. District Court for the Eastern District of Washington, United States ex rel. Rambo v. Fluor Hanford, LLC , No. CV-11-5037 (E.D. Wash. filed Feb. 23, 2011). The False Claims Act authorizes private parties…
November 9, 2012
The Armed Services Board of Contract Appeals (ASBCA) recently ruled on an appeal of a decision by the Defense Contract Management Agency (“DCMA”) regarding allowable costs under the FAR. Although the case involves a relatively small amount of money, it is instructive regarding the types of indirect costs that are allowable and chargeable to the Government.
In Thomas Associates, Inc., ASBCA…
