Next week I will head to Oak Ridge to speak at the SCS’ 2015 Annual Government Contracting Seminar. During the session, “Contractors Beware: The Davis Bacon Act and the 2014 Fair Pay and Safe Workplaces Executive Order,” I will discuss the Davis Bacon Act, which requires that contractors and subcontractors on federally funded or assisted
Government Contracts
Procurement Potholes: Don’t Get Caught by a Cliché
Let’s get the ball rolling here with a clichéd look at procurement fraud. Most government contractors firmly believe that as long as they knuckle down and keep their nose to the grindstone, they will earn their stripes and eventually make a King’s ransom in the contracting game. Occasionally though, a contractor may try to cut corners and will push the envelope and go against the grain in order to get a leg up on the competition.
While in the short term that may lead to the contractor making money hand over fist, all that glitters is not gold and eventually the long arm of the law will catch up to the scheme and make a federal case out of it. At that point, the contractor will certainly find themselves in hot water. Typically, the federal government will likely hold all the cards, and have the contractor over a barrel.
But even contractors that try to go by the book may find themselves with their feet to the fire due to actions of an employee. A chain is only as strong as its weakest link, and one bad egg employee can really be a fly in the ointment for an otherwise law-abiding government contractor.Continue Reading Procurement Potholes: Don’t Get Caught by a Cliché
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
Government Contractor Fined for FCPA Violations; Former VP Enters Guilty Plea
On June 16, the U.S. Justice Department (DOJ) announced that it had concluded a non-prosecution agreement (NPA) with IAP Worldwide Services, Inc., a Florida-based government contractor, related to apparent violations of the Foreign Corrupt Practices Act (FCPA). DOJ also announced that a former vice president of IAP pleaded guilty to conspiracy to violate the FCPA. IAP agreed to pay more than $7 million to resolve the matter; sentencing for the former vice president is scheduled for September 2015.
Background. IAP provides facilities management, contingency operations, and professional and technical services in contracting capacities to U.S. and non-U.S. governments. According to DOJ, the violations occurred in connection with a surveillance program the government of Kuwait sought to develop. An agent of IAP contracted with the Kuwaiti government to perform services under the first phase of the program. DOJ alleged that, when the agent was paid for its services, it transferred money to IAP, which in turn steered funds to a Kuwaiti company to kickback to Kuwaiti government officials.Continue Reading Government Contractor Fined for FCPA Violations; Former VP Enters Guilty Plea
2015 Legislative Update: Government Contracts and Procurement
SB95 by Norris/HB84 by McCormick – Dept. of General Services
This bill was part of the administration’s package and revises certain provisions of Tennessee’s procurement code as follows:
Section 1: Rewrites the cooperative purchasing agreements statute (Tenn. Code Ann. § 12-3-701) to authorize the central procurement office and public institutions of higher education to participate in cooperative purchasing agreements for the procurement of goods or services with the cooperation of other states or local governments. The bill specifies that cooperative purchasing must be awarded through “full and open competition.”
Section 2: Rewrites the protest procedure statute (Tenn. Code Ann. § 12-3-514) to provide more detail with regard to a party’s standing to protest and to the calculation of the protest bond. The bill revises the procedure as follows:
A. Time
Previously: A protest must have been submitted in writing within seven calendar days after the claimant knew or should have known the facts giving rise to the protest. A stay of award may have been requested in the case of a pending award.
Now: A protesting party may submit a protest within seven calendar days after (a) the earlier of the notice of the award or (b) intent to award the contract is issued. Regarding a stay, the bill revises the requirement to specify that a stay of the solicitation, award, or proposed award will be granted upon receipt of a protest and the accompanying protest bond. A stay issued under this provision must not be lifted unless, after giving the protesting an opportunity to be heard, the chief procurement officer or the protest committee makes a written determination that continuation of the procurement process or the award of the contract without further delay is necessary to protect the interests of the state.Continue Reading 2015 Legislative Update: Government Contracts and Procurement