Government Contracts & Investigations

Category: Acquisition Reform and Emerging Issues

Some Tradeoff Is Better than None—and Enough to Avoid the Prohibition against LPTA

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When the FY2017 National Defense Authorization Act (NDAA) was enacted, the prohibition in Section 813(c) against the use of lowest price technically acceptable (LPTA) source selection criteria seemed fairly cut and dry. As time passes and procuring agencies adopt new evaluation schemes, however, the parameters of the prohibition are being tested. The recent Government AccountabilityRead More

Topics: Acquisition Reform and Emerging Issues, Bid Protests and the Contracting Process, Statutes and Regulations

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

Multinationals—Make Sure to Comply with Personnel Representations in Your Proposals

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In trying to pool resources amongst related entities, lines may blur as to whether the personnel on a given project are employed by the domestic entity in accordance with the contract requirements and terms of proposal. While the facts of ABS Development Corporation, ASBCA Nos. 6022, et al. are on the extreme side of noncompliance,Read More

Topics: Acquisition Reform and Emerging Issues

New Personal Net Worth Requirement for MBE/WBE Certification in Kansas City, Missouri

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A new Personal Net Worth requirement for MBE/WBE certification is set to take effect in Kansas City, Missouri on October 1, 2019.  It applies to everyone, and could have a significant impact. New Requirements On October 25, 2018, the Kansas City Council amended the rules that govern the City’s Minority & Women Business Enterprise ProgramRead More

Topics: Acquisition Reform and Emerging Issues