Government Contracts & Investigations

Procurement Fraud Is Alive and Well—and Being Punished

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The recent guilty plea of a furniture company sales executive provides a timely reminder that contractors continue to engage in procurement shenanigans–and continue to get caught. In such circumstances, crime definitely does not pay. On June 10, 2019, the Department of Justice announced that Steven Anstine of Overland Park, Kansas, pled guilty in federal DistrictRead More

Topics: Fraud, False Claims, and False Statements

New Executive Order Seeks to Sharpen the Teeth of the Buy American Act

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On July 15, 2019, President Trump signed his third Executive Order on the topic of buying American, “Executive Order on Maximizing Use of American-Made Goods, Products, and Materials.” This latest Executive Order seeks to sharpen the teeth of the Buy American Act’s rules on buying preferences to be afforded goods, products and materials that qualifyRead More

Topics: Sourcing Restrictions

No Magic Words Required…Contractor Avoids Dismissal of “Claim” Despite No Specific Request for Contracting Officer “Final Decision”

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In Hejran Hejrat Co. LTD, v. United States Army Corps of Engineers, No. 2018-2206, 2019 WL 3210172 (Fed. Cir. July 17, 2019), the United States Court of Appeals for the Federal Circuit reversed an Armed Services Board of Contract Appeals (“ASBCA”) decision dismissing the contractor’s claim for lack of jurisdiction.  The ASBCA based its dismissalRead More

Topics: Claims and Disputes

If You Want to Win the Contract, You Can’t Afford to Rely on Glancing References and Unsupported Assurances to “Demonstrate” Anything

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When solicitations require proposals to address numerous factors in a limited number of pages, offerors must find a way to adequately cover all the issues in as few words as possible. Faced with this situation, contractors may be tempted to use shorthand methods of presenting information. As the recent US Government Accountability Office (GAO) decisionRead More

Topics: Bid Protests and the Contracting Process

U.S. District Court Denies Motion To Dismiss and Considers Cybersecurity Compliance Under The Civil False Claims Act

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Cybersecurity issues are not going away anytime soon and the risk of noncompliance for contractors is ratcheting up. In a recent ruling in a Civil False Claims Act (FCA) Qui Tam case, Judge Shubb of the Eastern District of California determined that the whistleblower’s allegations – – that a company’s statements regarding the status ofRead More

Topics: Acquisition Reform and Emerging Issues