So there I was, just sitting there minding my own business. It was the third day of the GSA OIG’s site visit being conducted as part of a routine pre-award audit (or as the OIG called it, a pre-award “attestation review”), and all was going well. The auditor, who was quite a nice guy frankly, had had many questions, as was to be expected, but nothing for which this particular mid-sized GSA Schedule contractor did not have a reasonable response. No Price Reductions Clause violations. No overbillings. No resume qualification issues. Overall, a pretty darn good preliminary report if you ask me. But then, out of the blue, he says, “okay, I’d like to interview your personnel now.” Interview my personnel?! Come again!?
Continue Reading From Attestation Reviews To Examinations: The GSA OIG Expands The Scope Of Its Pre-Award Audits
GSA Schedule
MAS March Madness: Increased Competition In Multiple Award Schedule Orders
By Sheppard Mullin on
On March 16, 2011, the FAR Councils, heeding Congress’ mandate in Section 863 of the 2009 Defense Authorization Act, published an interim rule intending to ramp up competition for orders placed under GSA Federal Supply Schedule (“FSS”) contracts and FSS Blanket Purchase Agreements (“BPA”). The new rules, which apply to all federal agencies as of May 16, 2011, instill varying degrees of competition to orders above the FAR’s $3,000 Micropurchase Threshold depending on the type of order being placed (i.e., with or without a statement of work (“SOW”) or placed under a multiple award BPA). The attached matrix, prepared by Jonathan Aronie, co-author with John Chierichella of the GSA Schedule Handbook (West 2010), provides a useful summary of the new rules.
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Finally, A Ruling That Applies Some Common Sense To The False Claims Act
By Sheppard Mullin on
By Jonathan S. Aronie and Christopher M. Loveland
Search for the phrase False Claims Act on the Internet, and you will be hit with a barrage of websites telling you how easy it is to bring a fraud case against a Government contractor. Sadly, these websites are right. The bar to bringing FCA claims has been lowered to such an extent over the past 5-10 years that the Act practically invites frivolous lawsuits. Thus, it is with great pleasure that we report that at least one court – the United States District Court for the District of Massachusetts – has taken a step toward restoring at least some common sense to application of the statute.
Continue Reading Finally, A Ruling That Applies Some Common Sense To The False Claims Act
When Does A Free Item NOT Fall Below The Micro-Purchase Threshold?
By Sheppard Mullin on
By Jonathan S. Aronie & Christopher Noon
Over the years, contracting officers have exhibited a promiscuous tendency to include non-Schedule items in GSA Schedule purchases. The many GSA Schedule procurements seeking $10,000 in Schedule items and $50,000 in non-Schedule “incidental” items did not go unnoticed by the OIG. The primary concern being that those $50,000 items should be properly competed – something that many agencies sought to avoid through their use of the Schedules program.
Continue Reading When Does A Free Item NOT Fall Below The Micro-Purchase Threshold?