Photo of Todd Overman

Todd Overman

Todd Overman is the chair of the firm’s Government Contracts practice and Managing Partner of the Washington, D.C. office.  He has over twenty years of experience advising companies on the unique aspects of doing business with the federal government. Over the last decade, he has advised on more than 50 transactions involving the purchase or sale of a government contractor.

Follow:Read more about Todd OvermanTodd's Linkedin Profile

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

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:

  1. Assembling an appropriate investigation team
  2. Preserving privilege
  3. Preparing an investigation

…

GSA-Schedule-logoThe 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?

Please join us on Tuesday, June 9.

GK event June 9, 2015

8:00 a.m. – 8:30 a.m.
Networking Breakfast (Complimentary)

8:30 a.m. – 12:15 p.m.
TBA Program ($165 for members and $320 for non-members)

Bass, Berry & Sims PLC
The Pinnacle at Symphony Place
150 Third Avenue South, Suite 2800
Nashville, TN 37201
Parking in the Pinnacle garage will be validated.Continue Reading Join us for Government Contracting in Tennessee

United Parcel Service Inc.’s (“UPS”) recent settlement with the Department of Justice (“DOJ”) to resolve allegations that it submitted false claims to the federal government to conceal its failure to timely deliver packages serves as a reminder of the range of conduct that can lead to False Claims Act (“FCA”) liability for not satisfying the…

ASBCA logoThe Armed Services Board of Contract Appeals (ASBCA) recently granted a claim sponsored by the prime contractor for its subcontractor’s employee severance costs under a fixed-price contract. Appeal of Government Contracting Resources, Inc., ASBCA No. 59162 (March 12, 2015).

Government Contracting Resources, Inc. (GCR), sought additional compensation for severance costs it incurred, along with its subcontractor, upon expiration of its service contract with NASA for the distribution of mail at the Kennedy Space Center. A collective bargaining agreement (CBA) between GCR subcontractor Creative Management Technology Inc. (CMT) and the International Association of Machinists and Aerospace Workers (IAMAW) granted severance pay to CMT bargaining unit employees who were not rehired by a successor company at the end of the service contract. The provisions of the CBA had been incorporated, through a modification, into GCR’s service contract with NASA.Continue Reading Sponsored Claim for Subcontractor Severance Pay Granted under Fixed-Price Service Contract

Despite fulfilling its contractual obligations and voluntarily disclosing its possible oversight, nLight Photonic, Inc. (“nLight”), a Washington-based small business, was pushed to a $420,000 settlement with the Department of Justice to resolve allegations that it violated the False Claims Act by knowingly submitting false certifications regarding its eligibility for contracts and grants under the U.S. Small Business Administration’s (“SBA”) Small Business Innovation Research (“SBIR”) program.

The SBIR program was created to encourage U.S. small businesses to conduct federal research & development that may also serve the community at-large. To be eligible for SBIR funds, a company must satisfy several conditions, including:

1. Having a U.S. place of business;
2. Being majority owned and controlled by individuals that are U.S. citizens (or permanent residents) or by another entity meeting this requirement; and
3. Employing fewer than 500 employees.

Continue Reading Small Business Reaches Settlement to Resolve Allegations it Falsely Certified Compliance with SBIR Program

If you’re in the area, join me at the The East Tennessee Chapter of the National Contract Management Association (NCMA) lunch meeting on Wednesday, May 6, 2015.

I’ll be speaking on Negotiating Contentious Flowdowns: From Data Rights to TINA. My presentation will include a discussion of:

  • Mandatory vs. Non-Mandatory Flowdowns
  • Penalties for Noncompliance with Flowdowns;

…

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

Thought Leadership by our Attorneys.