On March 11, 2021, President Biden signed the $1.9 trillion American Rescue Plan, which is expected to increase government contracting spend and opportunities for government contracting at the federal, state, and local levels through 2021 and beyond. To facilitate entry into what can otherwise be viewed as a daunting web of regulations and restrictions, Crowell
DOJ’s Procurement Collusion Strike Force Amps Up Its Enforcement Ranks
Just days after the anniversary of its launch, the Department of Justice’s Procurement Collusion Strike Force has expanded its ranks to include 11 new national partners. The U.S. Air Force Office of Special Investigations and the Department of Homeland Security’s Office of Inspector General, as well as nine additional U.S. Attorneys’ Offices, have joined the
Procurement Collusion Strike Force Brings First Case Against Government Contractor in North Carolina
Late Friday, the Department of Justice announced its first charges under the Procurement Collusion Strike Force. A federal grand jury seated in the Eastern District of North Carolina returned a six-count indictment against Ohio-based Contech Engineered Solutions LLC and its former executive for their involvement in a decade-long conspiracy to rig bids for North Carolina
FEMA Extends and Narrows Restrictions on Exports of Certain Scarce PPE
On August 10, the Federal Emergency Management Agency (FEMA), under the Department of Homeland Security, will be extending and revising a Temporary Final Rule (first issued in April this year) that invokes the Defense Production Act (DPA) to allocate certain Personal Protective Equipment (PPE) for domestic use and prohibit exportation of that PPE from the
PRAC Report Confirms OIG Focus on Combatting Fraud Related to Emergency Funding Programs
On June 17, 2020, the Pandemic Response Accountability Committee (PRAC) issued its first report, “Top Challenges Facing Federal Agencies: COVID-19 Emergency Relief and Response Effort” (the “Report”). PRAC was established by the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). It consists of the twenty-one offices of inspectors general (OIGs) that oversee the
Coronavirus Update: First Pandemic Response Accountability Committee Report Emphasizes Government-Wide Concerns About Fraud and Grant Management
On Wednesday, June 17, 2020, the Pandemic Response Accountability Committee (“PRAC”), composed of 21 Offices of Inspector General overseeing agencies that received the most CARES Act funds, released its first report, “Top Challenges Facing Federal Agencies: COVID-19 Emergency Relief and Response Efforts.” The report was derived from information provided by 37 Offices of Inspector
AAG Delrahim Touts Success of DOJ’s Procurement Collusion Strike Force on International Stage
The U.S. Justice Department recently recommended that other countries consider focusing on collusion in government procurement, touting the early success of its interagency strike force. During yesterday’s virtual meeting of the Organization for Economic Cooperation and Development (OECD) Competition Committee, Assistant Attorney General Makan Delrahim introduced the Antitrust Division’s recently formed Procurement Collusion Strike Force
Coronavirus Update: Senate Judiciary Committee Hearing Highlights COVID-19 Enforcement Trends and Priorities
On June 9, the U.S. Senate Judiciary Committee held a committee hearing entitled “COVID-19 Fraud: Law Enforcement’s Response to Those Exploiting the Pandemic” for representatives of the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), and the Secret Service to address how they are combatting, investigating, and prosecuting COVID-19-related crimes. The witnesses included
Revisions to DOJ’s Corporate Compliance Guidance Indicate that a Dynamic, Data-Driven and Well-Resourced Compliance Program is More Important than Ever
On Monday, June 1, 2020, the Department of Justice’s (DOJ’s) Criminal Division issued an updated version of the “Evaluation of Corporate Compliance Programs” guidance. The guidance was originally published by the Criminal Division’s Fraud Section in February 2017, and last revised in April 2019. The updated guidance emphasizes the need for companies to
Coronavirus Update: DPC Issues Section 3610 Draft Reimbursement Guidance
Yesterday evening, May 18, Defense Pricing and Contracting issued draft instructions and requirements for contractors submitting Section 3610 reimbursement requests. Comments from industry are welcome by emailing osd.dfars@mail.mil before 5pm ET on Friday, May 22, 2020.
The draft instruction requires significant information from contractors. The required information falls into these general categories: detail about requested