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Category Archives: GSA Schedule

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Crowell & Moring’s 2016 Litigation & Regulatory Forecasts: What Corporate Counsel Need to Know for the Coming Year

Posted in Bid Protest, Claims, Counterfeit Parts, False Claims, Government Contracting, GSA Schedule, In-Sourcing, International Contracting, Legal Developments
Crowell & Moring LLP is pleased to release its “2016 Litigation & Regulatory Forecasts: What Corporate Counsel Need to Know for the Coming Year.” The reports examine the trends and developments that will impact government contractors and other corporations in the coming year—from the last year of the Obama administration to how corporate litigation strategy… Continue Reading

New Zealand Companies Out of the “Chillybin”

Posted in GSA Schedule, International Contracting
By notice published in the Federal Register, the U.S. Trade Representative has confirmed that New Zealand has acceded to the WTO Agreement on Government Procurement and thereby, effective August 12, 2015, has become a “designated country” under the Trade Agreements Act.  Accordingly, products and services from New Zealand are now eligible to be procured under all contracts… Continue Reading

GSA Announces Changes in its Contractor Assistance Visits

Posted in GSA Schedule
The General Services Administration (“GSA”) is rolling out two modifications to its Contractor Assistance Visits (“CAVs”), in-person or virtual meetings between GSA’s Industrial Operations Analysts (“IOAs”) and GSA Schedule holders to assess compliance, identify potential problems, and test the contractor’s system controls and processes.  Tom Brady, the Director of the Supplier Management Division, GSA Office… Continue Reading

C&M Lawyers Conduct Live Webinar on TAA Risks on Wednesday, September 10

Posted in GSA Schedule
On Wednesday, September 9th at 12 PM Eastern, join our government contracts attorneys for a webinar entitled: “Mitigating Trade Agreements Act Risks for GSA Schedule Holders.” During this 60-minute webinar, we will provide an overview of the GSA Schedule contract requirements related to the Trade Agreements Act (“TAA”), review recent enforcement actions by the government… Continue Reading

GSA Schedule Contracting: Has Selling to DoD Just Gotten Harder?

Posted in GSA Schedule
On March 13, 2014, the Department of Defense issued a memorandum titled “Class Deviation – Determination of Fair and Reasonable Prices When Using Federal Supply Schedule Contracts.”  This memorandum directs DoD contracting officers to make their own determination of fair and reasonable pricing when using Federal Supply Schedules (also known as GSA or VA Schedule… Continue Reading

GSA Schedule Contracting: Does Your Company Have Sufficient Internal Controls to Minimize Noncompliance Risks?

Posted in GSA Schedule
Just last week, the Department of Justice announced another large False Claims Act settlement with a GSA Schedule contractor – for $60.9 million. A review of the underlying qui tam complaint, filed by a former vice president of the contractor, reveals multiple alleged failures by Tremco Inc. and RPM International to comply with the basic… Continue Reading

$199.5 Million Settlement for GSA in FCA Action Against Schedule Holder

Posted in False Claims, GSA Schedule
GSA has now topped the $128 million settlement it reached in 2009 with NetApp – then the largest settlement reached in an FCA action against a GSA Schedule contractor – by settling with Oracle Corporation and Oracle America Inc. this past week in the amount of $199.5 million plus interest. The settlement resolves an FCA action… Continue Reading

Collateral Consequences of a False Claims Act Settlement

Posted in False Claims, GSA Schedule
Two years ago, GSA reached a $128 million settlement with Network Appliance, now known as NetApp Inc., based on a whistleblower False Claims Act (“FCA”) suit that alleged the company had failed to comply with the Price Reduction Clause of the contract. The settlement amount was, and continues to be, the largest Schedule contract fraud settlement… Continue Reading

Whistleblower Finally Gets His “Bite at the Apple” in Alleging TAA Non-Compliance

Posted in False Claims, GSA Schedule
Professional whistleblower Brady Folliard’s most recent False Claims Act suit against technology vendors alleging violations of the Trade Agreements Act (“TAA”) has survived a motion to dismiss with respect to two defendants (GovPlace and Government Acquisitions, Inc.), but otherwise has been dismissed for the other six defendants (which include Hewlett Packard and GTSI Corporation). In… Continue Reading

Learn More about GSA Schedule Contracting!

Posted in GSA Schedule
I will be participating in a webinar on June 1, 2011, to discuss GSA Schedule contracting. This webinar will provide an informative overview of the key contract requirements and compliance obligations, including pricing disclosures, the Price Reduction Clause, Trade Agreements Act, labor qualifications, and payment of the Industrial Funding Fee. It will also provide insightful discussion of… Continue Reading

GSA Clarifies Status Of FAPIIS Under FOIA

Posted in GSA Schedule
On May 16, 2011, GSA published a Notice to clarify whether information contractors input into the Federal Awardee Performance and Integrity Information System (“FAPIIS”) is exempt from disclosure under the Freedom of Information Act (“FOIA”). Presumably this Notice was prompted by a recent flood of FOIA requests. In essence, the Notice provides that Information posted… Continue Reading

How to Avoid False Claims Act Allegations: Have a Systematic Process to Identify TAA Non-Compliant Products

Posted in False Claims, GSA Schedule
Home Depot was sued in 2008 by two whistleblowers claiming that the company had violated the False Claims Act by selling products that did not comply with the Trade Agreements Act (“TAA”) to the U.S. government through its GSA Schedule contract. The United States has not intervened in the case. Home Depot recently moved for reconsideration of… Continue Reading

Yet Another Fraud Case Against a GSA Schedule Contractor

Posted in False Claims, GSA Schedule
On June 16, 2010, the media reported that a False Claims Act case had been filed by a whistleblower against Oracle Corporation alleging that the company had failed to disclose deep discounts given to the most favored commercial customers. The Department of Justice has intervened and unsealed the relator’s complaint. The Government has not yet filed its complaint… Continue Reading

Recent Settlement in IT Kickback Suits: A New Clause for Justice?

Posted in False Claims, GSA Schedule
On May 25, 2010, the Justice Department announced an $87.5 million settlement with EMC  for alleged false claims associated with EMC’s GSA Schedule contract. The settlement comes out of a series of qui tam suits filed against IT companies and systems integration consultants by relators Norman Rille and Neal Roberts in the Eastern District of Arkansas… Continue Reading

Are Your Products TAA Compliant? If Not, Your Competitor Might Blow the Whistle on You.

Posted in False Claims, GSA Schedule
Almost five years ago, a number of large office products companies with GSA Schedule contracts settled allegations that they had submitted false claims when selling office products to the U.S. Government that were not compliant with the Trade Agreements Act (“TAA”). The allegations came not from a government audit or from employees of these companies, but… Continue Reading

Selling Services or Solutions on a GSA Schedule: How might the MAS Panel’s Recommendations Affect You? – Part II

Posted in GSA Schedule
In addition to making specific recommendations for Services contracts, the Multiple Award Schedule (“MAS”) Advisory Panel’s Final Report  (.pdf) recommended a number of actions to be taken by GSA related to the acquisition of Solutions (a specific combination of services and products defined by each customer’s needs).  The Panel recommended: Do not apply the Price… Continue Reading

Selling Services or Solutions on a GSA Schedule: How Might the MAS Panel’s Recommendation Affect You? – Part I

Posted in GSA Schedule
The Multiple Award Schedule (“MAS”) Advisory Panel presented a series of recommendations (.pdf) to the new GSA Administrator on March 10, 2010 related to the structure, use and pricing of the GSA MAS Program.  The Panel’s charge was to focus on the “most favored customer” and price reduction provisions in Federal Supply Schedule (“FSS) contracts (also… Continue Reading