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That’s a Wrap: OOPS 2017 Concludes

Posted in Cost/Cost Accounting, Cybersecurity, Events, International Contracting/FCPA, Labor & Employment, Legal Developments
Our 33rd annual Ounce of Prevention Seminar has come to a close and was a great success. Thank you to all of our attendees and panelists who participated in the event, which covered a range of topics from investigations and cybersecurity to labor and employment. This year’s agenda particularly focused on how contractors are navigating… Continue Reading

OOPS Starts Tomorrow!

Posted in Cost/Cost Accounting, Cybersecurity, International Contracting/FCPA, Legal Developments
We’ve wrapped up our preview posts, which gave a sneak peek at just a few of tomorrow and Friday’s OOPS panels, including investigations, privacy and cybersecurity, international procurement, and cost and pricing issues. It’s not too late to register for the event! Click here for details and directions. We’ll see you tomorrow at the Renaissance Hotel… Continue Reading

OOPS 2017 Preview: Strategizing for Government Contractors’ Game Plan Under the New Administration

Posted in Cost/Cost Accounting, Cybersecurity, International Contracting/FCPA, Legal Developments
The Government Contracts Group is counting down to Crowell & Moring’s 33rd annual Ounce of Prevention Seminar (OOPS), which will be held on May 4 and 5 at the Renaissance Hotel in Washington. This year’s seminar, “Strategizing for Government Contractors’ Game Plan Under the New Administration,” will provide insider insight and practical advice across a… Continue Reading

OOPS 2016 Hosts Leading Government Contractors and In-House Counsel

Posted in Events
Leading Government Contractors and their in-house counsel arrived at Crowell & Moring’s annual Ounce of Prevention Seminar (OOPS) at the Marriott Renaissance Hotel today. The 32nd annual event, which runs May 25-26, opened with remarks from partners Daniel Forman and Amy O’Sullivan, and a panel featuring Crowell & Moring chair Angela Styles, partner Robert Burton,… Continue Reading

OOPS 2016 Starts Tomorrow!

Posted in Cost/Cost Accounting, Cybersecurity, Events, Labor & Employment
We’ve wrapped up our preview posts, which gave a sneak peek at a few of tomorrow and Thursday’s OOPS panels including cybersecurity (OOPS Preview: Regulating Information: Cybersecurity, Internet of Things, and Exploding Rules), costs & accounting OOPS Preview: Cost & Accounting: Items at the Top of the Ledger) , and labor and employment (OOPS Preview:… Continue Reading

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

Posted in 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

Join Us for a False Claims Act Webinar

Posted in False Claims
On Tuesday, July 1st from 1-2 pm, Bob Rhoad will join Bates White as moderator on a panel entitled “False Claims Act: Seeking Clarity on Damages and Penalties.” The discussion will center around the more prominent issues where the measurement of FCA damages and penalties remains a matter of close scrutiny, including: The landscape of… Continue Reading

COFC AND GAO DISAGREE, COURT SUSTAINS $32M PROTEST

Posted in Bid Protest
In another example of the Court of Federal Claims ("Court") and the Government Accountability Office (GAO) reaching different conclusions, the Court sustained a $32 million protest in a recent decision brought against the Department of Veterans Affairs ("VA"), whereas GAO had dismissed the protest as untimely on the grounds that LabCorp should have protested what… Continue Reading

The Little Engine That Could: 6th Circuit Resurrects FCA Case Against Allison Engine Company

Posted in False Claims
FCA Amendments Congress enacted the Fraud Enforcement And Recovery Act (FERA) of 2009 to broaden the language of the False Claims Act to impose liability on anyone who knowingly uses “a false record or statement material to a false or fraudulent claim.” 31 U.S.C. § 3729(a)(2). It made this change to legislatively overrule the Supreme… Continue Reading

Court Sanctions Government For Failing to Preserve Evidence in FCA Case

Posted in False Claims
Several weeks ago, we wrote about the case of United States ex rel. Baker v. Community Health Sys., Inc, in which a  magistrate judge recommended that the government be sanctioned for failing to preserve key evidence in a False Claims Act case. That recommendation was recently adopted in its entirety over the government’s objections by the… Continue Reading

In False Claims Act Cases, Government Must Preserve Evidence Before It Intervenes

Posted in False Claims
A relator filing a qui tam complaint under the False Claims Act must file it under seal, see 31 U.S.C. 3739(b)(2), giving the government an opportunity to investigate the allegations.  While the initial sealing period lasts 60 days, the government routinely receives extensions, which means that FCA cases often stay under seal for months, if… Continue Reading

WHITE HOUSE ISSUES SEQUESTRATION REPORT

Posted in Legal Developments
On September 14, 2012, the Office of Management and Budget released the Administration’s long awaited report on the implementation of the potential sequester currently scheduled to occur on January 2, 2012. The report satisfies three of the four major requirements of the Sequestration Transparency Act of 2012 (“STA”).  First, it provides an estimate of the… Continue Reading

Fifth Circuit: Federal Auditors Can Be Whistleblowers

Posted in False Claims
The Fifth Circuit held that federal government employees can bring whistleblower suits under the False Claims Act (FCA), even when it is their job to investigate fraud. The whistleblowers in the case, Little v. Shell Exploration & Production Co., alleged that Shell defrauded the federal government of millions of dollars in royalties by taking improper… Continue Reading

The Fight Against Counterfeit Electronic Parts – Increasing Burdens on DoD Contractors

Posted in Legal Developments
On May 21, the Senate Committee on Armed Services published a troubling report on the results of its year-long inquiry into counterfeit electronic parts in the DoD supply chain. The report found approximately 1,800 cases of suspect counterfeit electronic parts in the defense supply chain during 2009 and 2010 involving over one million individual parts. Over 70… Continue Reading

Rehabilitation Or Punishment? — The Evolution of Suspension and Debarment

Posted in Suspension & Debarment
Recent legislative trends appear to be squarely at odds with the stated purpose of suspension and debarment. The Federal Acquisition Regulation (FAR) describes a process focusing on “present responsibility,” an express acknowledgement of the potential for contractor rehabilitation, providing discretion to the suspension and debarment official (SDO) to determine the proper outcome of a contractor’s misconduct. Fiscal Year… Continue Reading

Pressure Grows for DoD to In-House Certain Federal Contracts

Posted in In-Sourcing
The Department of Defense (“DoD”) continues to contract out work that should be handled by federal employees, according to a new Government Accountability Office (“GAO”) study, which finds shortcomings in DoD’s tracking and management of such “inherently governmental” tasks. The study urges DoD to better police its inventory of contracts—and bring in-house those functions too… Continue Reading

Physical Possession Not Required to Demonstrate a Paper Proposal Is “Under the Government’s Control” Prior to Submission Deadline

Posted in Bid Protest
In a recently unsealed decision, Judge Damich of the Court of Federal Claims sustained a pre-award protest by The Electronic On-Ramp, Inc. (“EOR”), finding that the Defense Intelligence Agency (“DIA”) improperly rejected EOR’s bid as late where, although an electronic copy was timely received and the paper copy arrived at the base where DIA is… Continue Reading

Congress Considers Tough Anti-Human Trafficking Rules for Contractors

Posted in Legal Developments
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… Continue Reading

Attempting to Broaden the Mandatory Suspension & Debarment Net: McCaskill – Webb Senate Bill 2139

Posted in Suspension & Debarment
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… Continue Reading