A final rule issued on October 30, 2015 removes Cuba from the definition of “state sponsor of terrorism” in two DFARS clauses. The new rule implements the State Department’s action to remove Cuba from the List of State Sponsors of Terrorism. The new rule affects DFARS 252.255-7049, Prohibition on Acquisition of Commercial Satellite Services from
DoD Report Highlights FY14 Spending Trends and Priorities in All 50 States
Although federal government defense spending grew significantly from 2000 to 2010, spending by the Department of Defense (DoD) has been on the decline ever since. The recent cut in defense spending can be attributed to the troop drawdown in Iraq and Afghanistan, as well as the Budget Control Act of 2011. With defense spending expected
SBA Testifies on Status of Expansion of Mentor-Protégé Program to All Small Businesses
John Shoraka, Associate Administrator of Government Contracting and Business Development at the U.S. Small Business Administration (SBA), testified before the House Committee on Small Business Subcommittee on Contracting and the Workforce on October 27, 2015. Concerns were raised regarding the stagnant progress of implementing the expansion of the mentor-protégé program as provided for in
Event: Headaches and Hot Spots: A Review of the Changing World of M&A in the Global Aerospace and Defense Industry
In a couple of days, I’ll be headed north to Montreal, Canada, to join leading aerospace and defense investment bankers and advisors at the 2015 Fall Meeting hosted by the International Law Section of the American Bar Association. I’ll be speaking at “Headaches and Hot Spots: A Review of the Changing World of M&A in
Event: Preparing Your Government Contractor for Sale
I’m heading to Oak Ridge, Tennessee again next week to present “Preparing Your Government Contractor for Sale: How to Maximize Value and the Importance of Internal Controls” with Ted Hotz of Pugh CPAs.
Join us on Tuesday, October 13 from 11:30-1:30 at the Oak Ridge Chamber of Commerce (1400 Oak Ridge Turnpike).
Why should you
UT PTAC Joint Venture Panels
Next month I’ll be headed back to Tennessee for a few days and making a couple of stops! I’m excited to be teaming up with UT PTAC for its Advanced Training Executive Series. The training will be centered around the topics of teaming agreements and joint ventures, and feature a dynamic group of panelists. The
Webinar Recap: How To Prepare for the “Fair Pay and Safe Workplaces” Proposed Rule and Accompanying Guidance
Yesterday I presented an hour-long webinar discussing how to prepare for and navigate the “Fair Pay and Safe Workplaces” proposed rule and accompanying guidance.
On May 28, 2015, the Obama Administration published the much anticipated proposed DOL guidance and accompanying Federal Acquisition Regulation (FAR) proposed rule implementing EO 13673, Fair Pay and Safe Workplaces (July
Business Owner Sentenced for Fraudulent “Pass-Through” Contract Scheme
Recently, U.S. District Judge Deborah K. Chasanow sentenced Wesley Burnett of Hermosa Beach, California to 42 months in prison followed by three years supervised release for conspiracy to commit wire fraud in connection with a scheme to fraudulently obtain more than $2.8 million in federal government contracts through the use of the Small Business Administration’s 8(a) program, designed to assist disadvantaged businesses. Burnett originally pled guilty to these charges back in October of 2014.
Burnett was the owner and operator of Confederate Group LLC and Total Barrier Works (TBW). These companies maintained and installed anti-terrorist systems and vehicle-control equipment such as security barriers, bollards, gates, uninterrupted power systems (UPS) and other perimeter security anti-terrorist equipment.
From 2007 until 2014, Burnett admitted that he falsely represented to the U.S. Government that Confederate Group LLC was a “Hispanic-American Owned Business,” a “Minority Owned Business,” a “Service Disabled Veteran Owned Business” and a “Small Disadvantaged Business” in order to win federal government contracts set aside exclusively for firms in these categories. However, Burnett was neither a member of any of these racial or ethnic minority groups nor a disabled veteran nor member of a socially disadvantaged group. These false representations resulted in Confederate Group LLC receiving approximately $534,315 in unjustified contract awards.Continue Reading Business Owner Sentenced for Fraudulent “Pass-Through” Contract Scheme
Effective Internal Investigations for Government Contractors
I recently co-authored an article with my colleagues John Kelly, Bryan King and Robert Platt discussing the vital steps that government contractors should take when conducting an internal investigation. As outlined in the article, the following measures are key components of any internal investigation:
- Assembling an appropriate investigation team
- Preserving privilege
- Preparing an investigation
GSA’s New MAS Contractor Assessment Report – Is It Better?
The General Services Administration (GSA) recently announced that beginning June 15, 2015, it will be using a new contractor assessment report to evaluate contractors with Multiple Award Schedule (MAS) contracts. The new report, which is available here, will be issued to contractors after GSA industrial operations analysts (IOAs) conduct their contract assessments. The report will be limited to performance against contract terms and conditions and will be provided only to GSA and the individual contractor. The idea is to provide timely and tailored feedback to contractors and the acquisition community on issues pertinent to MAS contract compliance. GSA leadership spent two years developing the new report, which is intended to replace the Contractor Assistance Visit Report and the Administrative Report Card. GSA stated that assessments will be more frequent with contracts likely to have compliance issues, based on yearly sales. GSA hopes the Contractor Assessment Report will allow contractors and Contracting Officers to address problems before they become major issues.
Continue Reading GSA’s New MAS Contractor Assessment Report – Is It Better?