GOVERNMENT CONTRACTING McCaskill Pushes the Department of Homeland Security to Hold Government Contractors Accountable for Waste, Fraud, and Abuse of Taxpayer Dollars According to an article on hsgac.senate.gov , U.S. Senator Claire McCaskill, the top-ranking Democrat on the Homeland Security and Governmental Affairs Committee, is calling for answers after a recent report from the Department of Homeland Security Office of Inspector General highlighted problems with the department’s Suspension and Debarment Program. The program is tasked with penalizing contractors that have engaged in . . . Read More
As part of our continuing effort to keep you updated with new developments relating to compliance with the Department of Defense (DoD) Federal Acquisition Regulation Supplement (DFARS) 252.204-7012, this blog post provides a link to the long-anticipated template for a system security plan (SSP) and other key information related to implementation of the security controls set forth in the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171. Template for SSP The Computer Security Resource Center portion of . . . Read More
The Federal Circuit’s holding in Laguna Construction Co. v. Carter seemed, when the case was decided in 2016, to scale back the Armed Services Board of Contract Appeals’ (“ASBCA”) jurisdiction to entertain fraud-related defenses. 828 F.3d 1364. In that case, the government asserted a defense that Laguna could not recover in its claims because several of the company’s officials had pled guilty to a kickback scheme involving those contracts. The ASBCA found in the Government’s favor, relying on the guilty . . . Read More
If you pursue contracts that are set aside for small businesses, you have probably noticed that if your proposal is not successful, you will get what is called a “pre-award” notification from the agency informing you of the identity of “apparently successful offeror.” If you receive such a notice, you may be eager to get a debriefing to find out why your company was not identified as the “apparently successful offeror.” However, receiving a pre-award notification on a set-aside contract . . . Read More
GOVERNMENT CONTRACTING San Diego Communications Company Pays More Than $12 Million to Settle False Claim Act Allegations Regarding Eligibility for Small Business Innovation and Research Contracts According to a news release by the Department of Justice, TrellisWare Technologies, Inc., a communications company located in San Diego, has agreed to pay $12,177,631.90 to settle civil False Claims Act allegations that it was ineligible for multiple Small Business Innovation and Research (SBIR) contracts it had entered into with government defense agencies. TrellisWare . . . Read More
Presented by Jon Williams and Jackie Unger Click here to view the recorded session. Session Description: As part of his goal to “make America great again,” the President has routinely stated his intent to “buy American and hire American.” In an effort to make progress on this front, President Trump signed Executive Order 13788 on April 18, 2017, aimed at tougher enforcement of the “Buy American Laws” which are those laws requiring or providing a preference for the purchase of goods, products, . . . Read More
In a recent decision, HUBZone Appeal of Q Services, Inc., the Small Business Administration (“SBA”) clarified that the number of hours worked by a person does not bar SBA from examining the totality of the circumstances to determine whether that individual qualifies as an employee for HUBZone program eligibility purposes. Under SBA’s HUBZone regulations, if a person works a minimum of 40 hours per month (whether employed on a full-time, part-time, or other basis), that individual will be treated as . . . Read More
GOVERNMENT CONTRACTING Claims Court Could Receive Record Number of Protests in 2018 According to an article in the Federal Contracts Report, the United States Court of Federal Claims (COFC) is on course to receive an unprecedented 200 bid protest cases in calendar year 2018. In each of the past 15 years, between 100 and 130 protests were filed with the COFC, making 2018’s potential docket the busiest in the courts history. This large increase can be partly attributed to a . . . Read More
If you followed the National Defense Authorization Act for Fiscal Year 2018 (“FY 2018 NDAA”) or the recent cloud computing award to REAN Cloud, you likely heard the term “other transaction authority,” but may have wondered what it means. The term is an invention of lawmakers to give the U.S. Department of Defense (“DOD”) maximum flexibility in obtaining innovation without the trappings of traditional procurements. Contractors looking to take advantage of “other transaction authority” or “OTA” need to know some . . . Read More
We are regularly contacted at this time of year, before tax returns are due, by companies that wish to pursue small business set-aside contracts but have not yet filed their tax returns. These inquiries stem from the belief by some firms that, because their tax returns have not been completed, they may still self-certify as a small business while knowing, or suspecting, that their immediate, prior year revenues make them large. This misunderstanding of the size regulations can have dire . . . Read More
