After doubling up the Week In Review last Friday, we are back to our regular one-per-week format. Today, SmallGovCon Week In Review features stories about the GAO’s hard-hitting report on the Buy Indian program, a lengthy prison sentence for bribery of a VA official, the beginning of the fourth quarter “spending season,” and much more.
Government’s Engineers Couldn’t Modify Contract, Says ASBCA
A construction contractor was unable to recover the costs of performing changed work allegedly ordered by the government’s project engineers because the engineers did not have authority to modify the contract.
As demonstrated in a recent Armed Services Board of Contract Appeals decision, only a contracting officer or the contracting officer’s designated representatives may modify a contract, and a contractor bears the risk of non-payment by performing changed work directed by an unauthorized government employee.
Buy Indian Act: Implementation Needs Improvement, Says GAO
The implementation of the Buy Indian Act set-aside program suffers from inconsistencies and uncertainties–including the fundamental question of whether Buy Indian Act set-asides are to be prioritized over other set-aside contracts.
In a recent report on the Buy Indian Act, the GAO uncovered a disturbing lack of effective oversight and implementation, and made several recommendations to enable the government to maximize the effectiveness of the Buy Indian Act.
Small Business “Rule Of Two” Doesn’t Apply To GSA Schedule
Agencies are not required to investigate the availability of small business offerors when ordering goods and services off the Federal Supply Schedule, even if multiple small business concerns would be able to compete for the contract.
As the GAO recently held in Walker Development & Trading Group, B-411357 (July 8, 2015), the small business preferences found in the Small Business Act do not apply when an agency uses the FSS.
SmallGovCon Week(s) In Review: June 29 – July 10, 2015
We took a break from SmallGovCon Week In Review last week to take time and relax over the 4th of July holiday and enjoy some fireworks! Here’s hoping that you and yours enjoyed the holidays, as well.
If you were too busy with Independence Day festivities to keep up with government contracting news, no worries. We have you covered, with stories about a major False Claims Act settlement, a nearly four-year prison sentence for kickbacks, and campaign contributions by federal contractors, among other developments.
ASBCA Appeals: Former Employee Could Not Represent Contractor
A former employee could not represent a contractor in an appeal filed with the Armed Services Board of Contract Appeals, even though the contractor’s owner had asked the former employee to serve as its representative.
In a recent decision, the ASBCA reiterated that, under its rules, a corporation must be represented by an officer or an attorney. A former employee does not qualify.
8(a) Program Fraud: Contractor Will Pay $7.8 Million
A former 8(a) program participant has agreed to pay nearly $8 million to settle allegations of 8(a) program fraud.
According to a Department of Justice press release, LB&B Associates Inc. will pay $7.8 million to resolve claims that it improperly obtained 8(a) certification (and 8(a) contracts) even though it was not controlled by a disadvantaged individual.