Government Contracts & Investigations

Past Performance, Present (and Future) Problems

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Government contractors should consider all contract performance vitally important because they can’t always control which past performance is considered by agency evaluators. The recent Government Accountability Office (GAO) decision in Sayres & Associates Corporation (Sayres), B-418382 (March 31, 2020) reminds offerors that poor past performance, even under just one contract, can have lasting negative effectsRead More

Topics: Bid Protests and the Contracting Process

Government’s Apparent Acquiescence Doesn’t Overcome “Plain” Contract Language

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Despite “troubling” government conduct, the Armed Services Board of Contract Appeals (ASBCA) recently denied an appeal arising out of electrical work performed on a $38 million construction project involving the ground-up construction of four buildings for the United States Army. The dispute in Watts Constructors, LLC, ASBCA No. 61493 involved the use of rigid conduitRead More

Topics: Claims and Disputes, Construction, Contract Administration

DoD Issues Class Deviation and Guidance to Implement CARES Act Relief for DoD Contractors under Section 3610

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Section 3610 of the CARES Act provides for funding to aid government contractors whose employees or subcontractors “cannot perform work on a site that has been approved by the federal government, including federally-owned or leased facility or site, due to facility closures or other restrictions” and cannot telework during the COVID-19 public health emergency. AsRead More

Topics: Statutes and Regulations

New Paycheck Protection Program FAQs Released This Week

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On April 6, 2020 the Small Business Administration, in conjunction with the Department of Treasury, issued additional set of Frequently Asked Questions (FAQs) to address questions regarding the Paycheck Protection Program (PPP). Among other things, these FAQs provide yet another “clarification” of the eligibility provisions under the SBA interim final regulation – some businesses withRead More

Topics: Statutes and Regulations

Biopharmaceutical Company Agrees to Pay $6.5 Million to Resolve False Claims Act Allegations of False Commercial Pricing Disclosures in Government Contracts

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On Monday, April 6, the U.S. Department of Justice (DOJ) announced that MiMedx Group Inc. (MiMedx or the company), an advanced wound care and biologics company, agreed to pay $6.5 million to resolve allegations that it overcharged the U.S. Department of Veterans Affairs (VA) by knowingly submitting false statements and disclosures regarding inflated prices forRead More

Topics: Fraud, False Claims, and False Statements