March 2012

Government contractors could soon be required to create anti-human trafficking compliance plans and face stiff penalties, including criminal charges, for using trafficked labor.

On March 27, 2012, anti-trafficking bills were simultaneously introduced in both chambers of Congress following recent reports of human trafficking carried out by local subcontractors in Iraq and Afghanistan.  A January report

Photo of Jonathan M. Baker

At 1:00 p.m. EDT on March 29, 2012, Crowell & Moring partner John McCarthy and Jon Baker will conduct a webinar on behalf of L2 Federal Resources entitled “Intellectual Property Rights in Government Contracts: Overview and Recent Changes.” This 90-minute webinar will provide an overview of the key principles governing the allocation of rights in

In January and February, my colleague, Bob Wagman, wrote about complications related to provisions on suspension and debarment in the Consolidated Appropriations Act of 2012 (Pub. L. 112-74) (1/18/12) (2/23/12). The provisions in the 2012 Appropriations Act were all premised on the conviction of a corporation (or in certain provisions, its officer or agent) of a felony criminal violation. This month we look at a proposed bill that would mandate suspension (not debarment) for mere allegations of fraud, among other things.

Around February 29, 2012, Senators Claire McCaskill (Mo.) and Jim Webb (Va.) introduced legislation called the Comprehensive Contingency Contracting Reform Act of 2012. S.2139, 112th Cong. (2nd Sess. 2012) (Act). Intended to “overhaul the federal government’s planning, management, and oversight of contracting during overseas contingency operations” (Sen. Webb Press Release, Mar. 1, 2012), the bill includes a section on “Additional bases for suspension of contractors from contracting with the Federal Government.” Act sec. 113.

Section 113 of the Act provides for the automatic suspension of a contractor in three situations:

          (1) If a contractor is charged with a criminal federal offense related to the performance of a
          contract related to “overseas contingency operations” for the Department of Defense, 
          Department of State, or U.S. Agency for International Development.

          (2) If the head of one of the above named agencies makes a final determination that the
          contractor failed to pay or refund amounts due or owed to the federal government in
          connection with an “overseas contingency operation.”

          (3) If the federal government alleges fraud against a contractor in a civil or criminal 
          proceeding related to a federal contract, whether or not connected to “overseas contingency
          operations,” and whether or not the alleged acts were committed by the contractor, its 
          employee, affiliate, or subsidiary, or any business owned or controlled by the contractor.Continue Reading Attempting to Broaden the Mandatory Suspension & Debarment Net: McCaskill – Webb Senate Bill 2139

On Monday, DoD issued a final rule in a continuing effort to reduce the potentially inappropriate use of commercial item contracts. DFARS: Commercial Determination Approval, 77 Fed. Reg. 14,480, (Mar. 12, 2012) (to be codified at 48 C.F.R. pt. 212). The rule, most notably, modifies DFARS subpart 212.102 to require approval at the level above

U.S. Attorney General Eric Holder recently issued a DOJ-wide memorandum urging federal government attorneys to coordinate when conducting parallel civil, criminal, regulatory and administrative proceedings.

Holder wrote that parallel criminal and civil investigations would deter future offenses and maintain program integrity, while also acting to “secure the full range of the government’s remedies (including incarceration,