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?
BRAVE Act to Provide “Preference” on VA Contracts to Contractors Who Hire Veterans
On May 18, the House of Representatives unanimously passed legislation (H.R. 1382) that would allow the Department of Veteran Affairs (VA) to give a “preference,” in awarding contracts for the procurement of goods and services, to offerors who employ veterans on a full-time basis. The act was sponsored by Rep. Kathleen Rice (D-N.Y.)
Join us for Government Contracting in Tennessee
Please join us on Tuesday, June 9.
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
UPS Settles Alleged FCA Violations for Failing to Deliver (On Time)
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
Sponsored Claim for Subcontractor Severance Pay Granted under Fixed-Price Service Contract
The 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
Reminder – Senders Beware: Verify Receipt of Email
A recent size appeal at the Small Business Administration (SBA) serves as a good reminder to government contractors to verify actual receipt of email appeals or risk having their protest dismissed as untimely. The SBA recently dismissed a size appeal for this very reason. Size Appeal of Supplies Now, Inc., SBA No. SIZ 5655