FOIA | The Contracting Education Academy

June 12, 2019 By AMK

Defense contracting fraud: A persistent problem

During the five year period from 2013-2017, there were 1,059 criminal cases of defense contracting fraud resulting in the conviction of 1,087 defendants, including 409 businesses, according to a newly released Department of Defense report to Congress. There were another 443 fraud-related civil cases resulting in judgments against 546 defendants.

During that same period, the Department of Defense entered into more than 15 million contracts with contractors who had been indicted, fined, and/or convicted of fraud, or who reached settlement agreements. The value of those contracts exceeded $334 billion, according to the DoD report. See Report on Defense Contracting Fraud, DoD report to Congress, December 2018.

The report was prepared in response to a requirement in the FY2018 defense authorization act at the initiative of Sen. Bernie Sanders. It was released this week under the Freedom of Information Act.

A previous report covering the period of 2001-2010 was produced by the Department of Defense in 2011, also at the request of Senator Sanders. The earlier report likewise found extensive fraud including criminal and civil offensive in defense contracting.

“Simply put, the Pentagon continues to be riddled with waste, fraud and abuse of taxpayer funds to a degree unmatched across the federal government,” Sen. Sanders said in 2017. “It is unacceptable that the Department of Defense continues to lose vast sums of taxpayer money because of fraud perpetrated by major defense contractors. This has got to end.”

Keep reading article at: https://fas.org/blogs/secrecy/2019/05/defense-contracting-fraud

April 10, 2017 By AMK

POGO: Contracts need to be posted online

The third week of March was Sunshine Week, the one week out of the year when there is a coordinated effort by experts to highlight topics related to federal and state open records laws, the public’s right to know, and freedom of the press.

There were numerous events around Washington, DC, as well as in cities and on college campuses around the country. The Project On Government Oversight (POGO) is a proud participant and works hard annually to bolster federal openness because “Sunlight is said to be the best of disinfectants.”

Sunshine Week, however, is not just about talking about open government and cool events. It’s also about action. Last week, Senator Claire McCaskill (D-MO) introduced the “Contractor Accountability and Transparency Act of 2017” (S. 651), which POGO and eight other bipartisan groups supported.

The bill will expand the contracting information available on USASpending.gov (which now only offers summaries of contracts), make the contract information more accessible and readable, and help reduce Freedom of Information Act backlogs.

Keep reading this article at: http://www.pogo.org/blog/2017/03/contracts-need-to-be-posted-online-mccaskill-sunshine-transparency.html

September 7, 2016 By AMK

Agencies could face govermentwide change in FOIA response policy

Federal agencies could soon face a new governmentwide guidance on how they respond to Freedom of Information Act requests, following a meeting in September.

FOIA The Justice Department Office of Information Policy announced Thursday that the Chief FOIA Officers Council will hold its second meeting on Sept. 15, 2016 to review agencies’ response to a new pilot program.

Under the “Release to One is a Release to All” pilot program initiative, seven volunteer agencies have posted their responses to FOIA requests on publicly available dot-gov websites.

“This concept would ensure that all citizens — not just those making a request — have access to information released under FOIA,” the White House Press Secretary’s Office said in a statement in June.

Keep reading this article at: http://federalnewsradio.com/agency-oversight/2016/08/agencies-face-govermentwide-change-foia-response-policy/

January 27, 2015 By AMK

VA failed to vet dubious contractors

An internal VA study has found that an east coast office that handles about $4 billion in business each year didn’t do enough checks to vet the backgrounds of companies to which it awarded contracts.

The internal study by consultants found that the Department of Veterans Affairs‘ “Service Area Office East” failed more than half the time to perform at least one of the required responsibility determination reviews, which include checking lists of banned companies or checking basic corporate facts with Dun and Bradstreet and other databases.

The study, obtained through the Freedom of Information Act, found the office would often neglect to fill out required paperwork on why they selected “high risk” contractors and found 94 percent of Federal Supply Schedule contracts had some kind of problem, including lack of proof that contracting officers pushed for government price reductions.

Some contract files didn’t even have signatures.

Keep reading this article at: http://www.washingtontimes.com/news/2015/jan/5/va-failed-to-vet-dubious-contractors/

December 10, 2014 By AMK

Pentagon may be forced to release aircraft manufacturer’s contract data

A little-known unit at the Defense Department may have to release data considered proprietary by a major contractor under a Nov. 23 district court ruling favoring a small business advocacy group.

The Petaluma, Calif.-based American Small Business League on Wednesday announced its legal victory. A northern California district judge agreed that the Pentagon should honor the league’s request under the Freedom of Information Act for data Sikorsky submitted to the Comprehensive Subcontracting Plan Test Program.

That program since 1990 has authorized negotiation, administration and reporting of subcontracting plans on a plant, division or company-wide basis to “determine whether comprehensive subcontracting plans will result in increased subcontracting opportunities for small business while reducing the administrative burden on contractors,” according to the Pentagon website.

Keep reading this article at: http://www.govexec.com/contracting/2014/12/pentagon-may-be-forced-release-aircraft-manufacturers-contract-data/100175/

Federal agencies could soon face a new governmentwide guidance on how they respond to Freedom of Information Act requests, following a meeting in September.

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