On April 3, 2020, the General Services Administration (GSA) issued a class determination of non-availability under both the Buy American Act (BAA) and Trade Agreements Act (TAA) clauses, effective through July 1, 2020 and applicable to GSA Schedule orders, to address the immediate and urgent needs of GSA and other agencies to preserve lives in
Today, in Acetris Health, LLC v. United States, the Federal Circuit held that a pharmaceutical manufactured in the United States qualified for sale, under the TAA, to the Department of Veterans Affairs even though the active pharmaceutical ingredient (API) came from a non-designated country, India. In reaching this decision, the court questioned, without deciding,
Earlier this week, the Department of Veterans Affairs (“VA”) announced a seismic shift in policy that opens VA Schedule 65 IB to covered drugs that do not comply with the Trade Agreements Act (19 U.S.C. §2501 et seq.) (“TAA”). While the VA’s prior policy prohibited contractors from offering TAA non-compliant drugs from on a Federal
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
The start of a new year is a perfect opportunity for government contractors to refocus and rejuvenate their compliance efforts. Regardless of whether a company is contractually required to have a compliance program, contractors should take time to determine the contractual obligations and risks they face now and in the year ahead. Is your company
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
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
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
The United States has intervened in yet another False Claims Act suit against GSA Schedule contractors alleging violations of the Trade Agreements Act. On November 24, 2010, the United States filed its Complaint in Intervention in U.S. ex rel. Navarro v. Divine Imaging, Inc. et al. The complaint alleges that four different office supply companies
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