Government Contracts Legal Forum

David B. Robbins

David B. Robbins

David Robbins is a partner in Crowell & Moring’s Washington, D.C. office and a member of the firm’s Government Contracts Group. David advises clients on matters involving procurement fraud, suspension and debarment, complex investigations, disclosures, and ethics and compliance counseling at the federal, state, and local levels. David is a leading procurement fraud defense, complex investigations, and suspension and debarment practitioner. David is one of only a few former government Suspending and Debarring Officials and is the only Procurement Fraud Remedies Coordination Official in private legal practice. During his government tenure, David also co-chaired the Department of Defense and NASA Procurement Fraud Working Group, which focused on inter-agency coordination with the Department of Justice, Offices of Inspector General, and other government agencies to address procurement fraud.

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Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Legal Developments
Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without. This latest edition is hosted by partners Peter Eyre and David Robbins and includes updates on the budget, an FCA case in… Continue Reading

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Legal Developments
Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without. This latest edition is hosted by partner David Robbins and includes updates on GAO’s Whistleblower Protections Pilot Program, the latest from the… Continue Reading

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Legal Developments
Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without, with the latest edition hosted by partners David Robbins and Peter Eyre and including updates on DOJ Fraud Section guidance, GSA OIG’s… Continue Reading

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Legal Developments
Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without, with the latest edition hosted by partners David Robbins and Peter Eyre and including updates on DoD and NASA reports, the Anti-Kickback… Continue Reading

Employee’s Acceptance of Gratuities Subjects Company to Heightened Liability Under Anti-Kickback Act

Posted in Legal Developments
In United States ex rel. Vavra v. Kellogg Brown & Root, Inc. (Feb. 3, 2017), the Fifth Circuit held that under Section 8706(a)(1) of the Anti-Kickback Act — permitting recovery of twice the amount of each kickback plus $11,000 for each occurrence of a prohibited conduct — corporations are liable “for the knowing violations of… Continue Reading

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Legal Developments
Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without, with the latest edition hosted by partners David Robbins and Peter Eyre and including updates on the latest executive orders by President… Continue Reading

Contract and Grant Freezes at EPA: What Contractors and Awardees Can Do to Prepare, and to Protect Themselves

Posted in Legal Developments
Many companies who work with government agencies are concerned this week as several news outlets have run stories about contract and grant “freezes” at the Environmental Protection Agency and potentially at other agencies.  The new administration has provided few details about the freezes, their objectives, the programs affected, or whether there are more to come. … Continue Reading

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Legal Developments
Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without, with the latest edition hosted by partners David Robbins and Peter Eyre and including updates on the National Defense Authorization Act for… Continue Reading

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Legal Developments
Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without. This latest edition is hosted by partners David Robbins and Peter Eyre and includes updates on a FAR proposed rule, the National… Continue Reading

Enhancing Whistleblower Protections for Contractor Employees (Permanently?)

Posted in Legal Developments
Senator McCaskill’s bill, S.795 “A Bill to Enhance Whistleblower Protection for Contractor and Grantee Employees,” is on President Obama’s desk for signature.  According to the Senate Report, the bill would make permanent the current pilot program, expiring this month, that ensures that employees of civilian contractors are protected from retaliation, namely that “anyone who reports… Continue Reading

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Legal Developments
Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without, with the latest edition hosted by partners David Robbins and Peter Eyre and including updates on GSA, NASA, and DoD rules, DIUx’s… Continue Reading

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Legal Developments
Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without. This latest edition is hosted by partners David Robbins and Peter Eyre and includes updates on defense acquisition, modernizing federal IT systems,… Continue Reading

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without (Oct. 28)

Posted in Legal Developments
Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without. This latest edition is hosted by partners David Robbins and Peter Eyre and includes updates on Fair Pay and Safe Workplaces, the… Continue Reading

Hold That Thought: OFPP Memo Stops FPSW Implementation

Posted in Labor & Employment
After a U.S. district court issued a preliminary injunction enjoining implementation of the “Fair Pay and Safe Workplaces” final rule (discussed here), OFPP issued a Memorandum for Chief Acquisition Officers on October 25 instructing federal agencies to refrain from implementing the enjoined portions of the final rule, and to “immediately” amend any solicitations containing such… Continue Reading

Stop the Press: District Court Enjoins Implementation of “Fair Pay and Safe Workplaces”

Posted in Labor & Employment
On October 24, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction, enjoining the Government from implementing the “Fair Pay and Safe Workplaces” final rule (with a small carve out for the “paycheck transparency” requirements). Specifically, the Court enjoined the Government from (i) implementing any portion of the FAR Rule… Continue Reading

State of Suspension/Debarment: FY2016 Statistics and the Impact on Small Businesses

Posted in Suspension & Debarment
Changes in suspension and debarment data reported by the government can provide the American public with substantially more insight into the types of entities (and individuals) excluded through suspensions, proposed debarments, and debarments, including that the overwhelming majority of excluded companies are small businesses.  These changes likely show that more than 90 percent of the… Continue Reading

Tough (Tax) Break: Federal Tax Delinquency and Felony Convictions Could Bar Corporations from Contract Award

Posted in Suspension & Debarment
When assessing whether a contractor is eligible for award, contracting officers are required to conduct a meaningful present responsibility determination using the factors contained in FAR 9.1. However, a final rule issued by the FAR Council on September 30, 2016 has inserted a wild card into the process—the agency suspension and debarment official (SDO). The… Continue Reading

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without (Sep. 30)

Posted in Podcast
Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without. This latest edition is hosted by partners David Robbins and Lorraine Campos and includes updates on the Transactional Data Rule Pilot Program, proposed FAR… Continue Reading

C&M Publishes Article in BNA Federal Contracts Report on Whether the Exclusion Archives on SAM.gov Violate Contractors’ Liberty Interests

Posted in Suspension & Debarment
The suspension and debarment regulations at Federal Acquisition Regulation (FAR) Subpart 9.4 are focused on the present responsibility of a contractor.  Yet, the records of past, inactive exclusions are available for public view in perpetuity on the System for Award Management website (SAM.gov).   In a recent article (linked here) published in BNA’s Federal Contracts Report,… Continue Reading

New Requirements under Fair Pay and Safe Workplaces Become Effective October 25. Is Your Company Prepared?

Posted in Labor & Employment
Starting on October 25, many new solicitations will contain the new clauses required under the Fair Pay and Safe Workplaces Final Rule.  These new clauses will impose significant new compliance and reporting obligations on federal contractors (and eventually on subcontractors). In a “feature comment” published in the Government Contractor, C&M attorneys provide an overview of… Continue Reading

About the Fastest-Five-Minutes: The Substance of Our Podcast

Posted in Podcast
Crowell & Moring government contracts attorneys provide bi-weekly summaries of hot government contracts issues in our podcast, “The Fastest Five Minutes,” co-hosted by partners Peter Eyre and David Robbins, and featuring guest hosts from across the Firm. This format arose from client requests for non-written materials to help them stay up-to-date on the latest issues… Continue Reading

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without (Sep. 16)

Posted in Podcast
Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without, with the latest edition hosted by Partners David Robbins and Peter Eyre and including updates on counterfeit parts, NIST digital authentication guidelines,… Continue Reading

Primer on the “Fair Pay and Safe Workplaces” Final Rule and Department of Labor Guidance

Posted in Labor & Employment
Many federal government contractors and subcontractors have expressed valid concerns about the new “Fair Pay and Safe Workplaces” final rule (and accompanying Department of Labor guidance), which among other things will require companies bidding on covered contracts and subcontracts to disclose “administrative merits determinations,” “arbitral award or decisions,” and “civil judgments” rendered against the company… Continue Reading

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without (Sep. 2)

Posted in Podcast
Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without. This latest edition is hosted by Partners David Robbins and Peter Eyre and includes updates on the Fair Pay and Safe Workplaces… Continue Reading