Daniel R. Forman is a partner in the Washington, D.C. office of Crowell & Moring and is a co-chair of the Government Contracts Group. Dan’s practice focuses on a wide variety of government procurement law, including bid protests, False Claims Act and qui tam litigation, investigations of potential civil and criminal matters, ethics and compliance, contract claims and disputes, GSA schedule contracting, and small disadvantaged business contracting. He is also experienced in negotiating and drafting teaming agreements and subcontracts, as well as providing counseling on the interpretation of FAR clauses and Solicitations. Dan’s practice also focuses on state and local procurement matters, including State False Claims Act issues, lobbying and contingency payment compliance. He has been involved in bid protest litigation in six states and the District of Columbia.
By Peter J. Eyre and Daniel R. Forman on Posted in Legal DevelopmentsWe have already seen many changes from the new administration and it seems more and more are happening every day. What more can you expect and how will this effect government contractors? The team of Crowell & Moring lawyers from our Government Contracts, Labor & Employment, White Collar, Corporate and Privacy & Cybersecurity practice groups… Continue Reading
By Daniel R. Forman on Posted in Suspension & DebarmentIt should come as no surprise to those involved in the federal procurement marketplace that, under the Obama administration, the Government has sought to strengthen accountability in government contracting, and, to that end, has resorted to a number of tools in the Government’s arsenal for combating fraud, waste, and abuse. The latest such effort is… Continue Reading
By Daniel R. Forman on Posted in In-SourcingIn Santa Barbara Applied Research, Inc. (“SBAR”) v. United States, No. 11-86C (May 4, 2011), Judge Firestone of the United States Court of Federal Claims (“COFC”) ultimately upheld the Air Force’s in-sourcing decision on facts that are largely sui generis. However, before ruling in the Air Force’s favor on the merits of the cost comparison,… Continue Reading
By Daniel R. Forman on Posted in Organizational Conflict of InterestBy now, most government contractors are (or most certainly should be) aware of the Federal Acquisition Regulation (“FAR”) provisions governing organizational conflicts of interest. While OCIs have been a hot issue for some time in the federal procurement world, OCIs are becoming an increasing risk area in the state procurement arena as well. By way of… Continue Reading
By Daniel R. Forman on Posted in Bid ProtestIn its annual report (.pdf) to Congress under the Competition in Contracting Act of 1984, 31 U.S.C. § 3554(e)(2), GAO disclosed the following bid protest statistics for FYs 2005-2009. FY 2009 FY 2008 FY 2007 FY 2006 FY 2005 Cases Filed 1,989 (up 20%) 1,652 (up 17%) 1,411 (up 6%) 1,326 (down 2%) 1,356 (down… Continue Reading