November 7, 2012
A recent protest at the Court of Federal Claims demonstrates the dangers of submitting a proposal close to the deadline, especially when using the Internet, and the perils of failing to read all aspects of a solicitation carefully. See Laboratory Corp. of America v. United States, No. 12-622C (Fed. Cl. Oct. 22, 2012).
&…November 5, 2012
In March of this year two Whistleblowers filed a complaint against their employer, Jorge Scientific Corporation (Jorge), a company that received almost a billion dollars in federal contracts for covert operations performed in the Middle East, including the Army’s “Legacy” projects in Kabul and Qandahar Province – projects intended to help Afghanis provide their own security. According to…
October 26, 2012
In today’s environment of constantly changing regulations and the increasing drum beat of eliminating real or imagined “fraud and abuse,” businesses are often hyper-concerned about compliance issues. Once a company has identified a possible issue, the question becomes whether or not to conduct an investigation and, if so, what type of investigation to conduct.
The initial concerns often…
October 25, 2012
The Sixth Circuit recently announced an important limitation on False Claims Act (“FCA”) liability by holding that “irrespective of whether the [defendant] in fact violated the regulations, [t]he False Claims Act is not a vehicle to police technical compliance with complex federal regulations.” United States v. Renal Care Group, Inc., No. 11-5779 (6th Cir. Oct. 5, 2012).
The case involved…
October 23, 2012
Clearing munitions in Iraq and keeping them out of enemy hands is very challenging work. The Project Manager and Deputy Project Manager of an international government contractor made that work even more challenging by taking kickbacks from a subcontractor.
The Parsons Company, an international construction and engineering firm, had a contract with the Army Corps of Engineers Coalition…
October 22, 2012
The Court of Federal Claims recently dismissed several patently meritorious claims involving the Army’s leasing of Caterpillar construction vehicles in connection with the Iraq war because they were untimely under the relevant statutes of limitation. Uniglobe General Trading & Contracting Co. v. United States, No. 10-204C (Fed. Cl. Sept. 27, 2012).
Under the contract, the Army leased five…
October 18, 2012
A general contractor constructing buildings at Fort Campbell, KY learned the hard way in United States of America ex rel. Wall v. Circle C Construction, LLC, No. 10-5645 (6th Cir. Oct. 1, 2012) that certified payrolls are important for itself and all of its subcontractors. Failure to comply with the Davis Bacon Act resulted in a seven figure False Claims Act judgment against the prime…
October 16, 2012
In the recent decision of APAC-Southeast, Inc. n/k/a Oldcastle Southern Group, ASBCA No. 58057 (Sept. 27, 2012), the Armed Services Board of Contract Appeals (ASBCA) expressly adopted the Federal Circuit’s interpretation of FAR 52.217-8 and 52.217-9, two standard clauses providing for contract extensions in holding that the Government may extend services under the fixed price of the contract even…
October 15, 2012
Debriefings are a key component of most competitive procurements. They can occur before or after contract award and can and should be requested by successful and unsuccessful offerors alike.
In a debriefing the agency discusses the strengths and weaknesses it found during the evaluation process and, post-award, information about the awardee's proposal and price and the rationale for…
October 12, 2012
In a case of first impression, the Court of Federal Claims (COFC) held that the Sovereign Acts Doctrine barred claims by a contractor for damage to its equipment during Hurricane Katrina that the contractor alleged was the caused by the Army Corps of Engineers’ negligent design, maintenance, and operation of the New Orleans levees. C.R. Pittman Construction Co. v. United States, No. 08-196C (Fed.…
October 11, 2012
Employment of veterans returning from service is of critical importance to our country and our economy -- those who serve our country should be afforded every opportunity to succeed in business when they return from service. Unfortunately, a recent federal criminal case in New York shows that fraud knows no bounds, highlights some serious government procurement integrity issues at the Department…
October 8, 2012
It still comes as a surprise to some contractors that the Government is not required to talk with them about their proposal and, even when it does, that it is not required to have the same conversation with them as it does with their competitors. This is particularly true in FAR Part 8 procurements under a GSA Federal Supply Schedule. So, don't be surprised if the Government won't…
November 7, 2012
A recent protest at the Court of Federal Claims demonstrates the dangers of submitting a proposal close to the deadline, especially when using the Internet, and the perils of failing to read all aspects of a solicitation carefully. See Laboratory Corp. of America v. United States, No. 12-622C (Fed. Cl. Oct. 22, 2012).
&…November 5, 2012
In March of this year two Whistleblowers filed a complaint against their employer, Jorge Scientific Corporation (Jorge), a company that received almost a billion dollars in federal contracts for covert operations performed in the Middle East, including the Army’s “Legacy” projects in Kabul and Qandahar Province – projects intended to help Afghanis provide their own security. According to…
October 26, 2012
In today’s environment of constantly changing regulations and the increasing drum beat of eliminating real or imagined “fraud and abuse,” businesses are often hyper-concerned about compliance issues. Once a company has identified a possible issue, the question becomes whether or not to conduct an investigation and, if so, what type of investigation to conduct.
The initial concerns often…
October 25, 2012
The Sixth Circuit recently announced an important limitation on False Claims Act (“FCA”) liability by holding that “irrespective of whether the [defendant] in fact violated the regulations, [t]he False Claims Act is not a vehicle to police technical compliance with complex federal regulations.” United States v. Renal Care Group, Inc., No. 11-5779 (6th Cir. Oct. 5, 2012).
The case involved…
October 23, 2012
Clearing munitions in Iraq and keeping them out of enemy hands is very challenging work. The Project Manager and Deputy Project Manager of an international government contractor made that work even more challenging by taking kickbacks from a subcontractor.
The Parsons Company, an international construction and engineering firm, had a contract with the Army Corps of Engineers Coalition…
October 22, 2012
The Court of Federal Claims recently dismissed several patently meritorious claims involving the Army’s leasing of Caterpillar construction vehicles in connection with the Iraq war because they were untimely under the relevant statutes of limitation. Uniglobe General Trading & Contracting Co. v. United States, No. 10-204C (Fed. Cl. Sept. 27, 2012).
Under the contract, the Army leased five…
October 18, 2012
A general contractor constructing buildings at Fort Campbell, KY learned the hard way in United States of America ex rel. Wall v. Circle C Construction, LLC, No. 10-5645 (6th Cir. Oct. 1, 2012) that certified payrolls are important for itself and all of its subcontractors. Failure to comply with the Davis Bacon Act resulted in a seven figure False Claims Act judgment against the prime…
October 16, 2012
In the recent decision of APAC-Southeast, Inc. n/k/a Oldcastle Southern Group, ASBCA No. 58057 (Sept. 27, 2012), the Armed Services Board of Contract Appeals (ASBCA) expressly adopted the Federal Circuit’s interpretation of FAR 52.217-8 and 52.217-9, two standard clauses providing for contract extensions in holding that the Government may extend services under the fixed price of the contract even…
October 15, 2012
Debriefings are a key component of most competitive procurements. They can occur before or after contract award and can and should be requested by successful and unsuccessful offerors alike.
In a debriefing the agency discusses the strengths and weaknesses it found during the evaluation process and, post-award, information about the awardee's proposal and price and the rationale for…
October 12, 2012
In a case of first impression, the Court of Federal Claims (COFC) held that the Sovereign Acts Doctrine barred claims by a contractor for damage to its equipment during Hurricane Katrina that the contractor alleged was the caused by the Army Corps of Engineers’ negligent design, maintenance, and operation of the New Orleans levees. C.R. Pittman Construction Co. v. United States, No. 08-196C (Fed.…
October 11, 2012
Employment of veterans returning from service is of critical importance to our country and our economy -- those who serve our country should be afforded every opportunity to succeed in business when they return from service. Unfortunately, a recent federal criminal case in New York shows that fraud knows no bounds, highlights some serious government procurement integrity issues at the Department…
October 8, 2012
It still comes as a surprise to some contractors that the Government is not required to talk with them about their proposal and, even when it does, that it is not required to have the same conversation with them as it does with their competitors. This is particularly true in FAR Part 8 procurements under a GSA Federal Supply Schedule. So, don't be surprised if the Government won't…
