IG | The Contracting Education Academy

December 3, 2020 By cs

Contractor agrees to pay $18.98 million for alleged overcharges and use of unqualified labor

Cognosante LLC has agreed to pay the United States $18,987,789 to resolve allegations that it violated the False Claims Act by using unqualified labor and overcharging the United States for services provided to government agencies under two General Services Administration (GSA) contracts, the Justice Department.

Cognosante, which is headquartered in Falls Church, Virginia, provides health care and IT services and solutions to federal agencies.

GSA’s Multiple Award Schedule (MAS) contracts allow the federal government to leverage its buying power to achieve favorable pricing. Under MAS contracts, contractors negotiate with GSA to set maximum prices for goods and services subsequently ordered by agencies across the federal government. These contracts provide streamlined access to the federal marketplace.

The settlement resolves allegations that Cognosante overcharged the United States for services performed under two GSA MAS contracts, including by providing false information concerning Cognosante’s commercial discounting practices during contract negotiations. It also resolves allegations that Cognosante charged the United States for labor that failed to meet the qualifications in one of the contracts.

Cognosante investigated and disclosed to the United States the contractual violations resolved in the settlement. It received credit for its disclosure and cooperation.

The settlement was the result of a joint investigation by the GSA OIG, the U.S. Attorney’s Office for the District of Columbia, and the Civil Division’s Commercial Litigation Branch. The claims resolved by the settlement agreement are allegations only, and there has been no determination of liability.

Source: https://www.justice.gov/opa/pr/federal-contractor-agrees-pay-1898-million-alleged-false-claims-act-caused-overcharges-and

November 30, 2020 By cs

Contractor admits to giving gifts to USDA officials to influence contract awards and obstructing federal grand jury investigation

The former vice president and CEO of Communications Resource, Inc. (CRI), has pled guilty in federal court in the District of Columbia to one count of conspiracy to violate the Procurement Integrity Act and one count of obstruction of justice.

According to court papers, Eric Schneider of Virginia admitted to giving gifts to multiple officials at the U.S. Department of Agriculture (USDA) to influence the award of contracts worth over $19.2 million to CRI and another company he controlled.

Schneider admitted to giving USDA officials Corvette wheels, concert tickets, PGA tour tickets, meals, alcohol, strip clubs, parking, concierge medical services, prescription drugs, and other cash tips.
Schneider further admitted that, as part of the conspiracy, he drafted or instructed employees to draft procurement documents in such a way as to favor the award of a multi-million dollar contract to CRI.
Schneider then provided the documents to a USDA official to whom he provided gifts, for use in the procurement process as if they had been prepared by the USDA.
Schneider also admitted to directing two of his company’s employees to destroy documents responsive to a federal grand jury subpoena.

Schneider pled guilty in U.S. District Court for the District of Columbia. A sentencing date has not yet been set. The maximum penalty for conspiracy is five years in prison and a fine of not more than $250,000 or twice the pecuniary gain or loss of the offense. The maximum penalty for obstruction of justice is ten years of imprisonment.

The Washington Field Office of the Federal Bureau of Investigation, and the Beltsville Field Office of the United States Department of Agriculture, Office of the Inspector General (OIG) investigated the case, along with assistance from the Department of Health and Human Services OIG, the Department of State OIG, and the Small Business Administration OIG.

Source: https://www.justice.gov/usao-dc/pr/usda-contractor-admits-giving-gifts-usda-officials-influence-award-contracts-and

November 25, 2020 By cs

Employee of government contractor pleads guilty to fraud and kickback charges

An employee of a government contractor had pled guilty to his involvement in a scheme to overbill a contract administered by the General Services Administration (GSA) by approximately $1.25 million, and solicit and receive kickbacks from a subcontractor in exchange for providing that subcontractor valuable contract modifications.

Elmer Baker of Gulf Breeze, Florida, pleaded guilty to one count of conspiracy to violate the anti-kickback statute and four counts of wire fraud in the U.S. District Court for the District of Columbia. Sentencing will be scheduled for a later date.

According to admissions made in connection with the plea agreement:

Baker served as the project manager for his company on the contract administered by the GSA.
After his company awarded a subcontract to a construction company for work on the facility, Baker began receiving kickbacks in the form of meals, golf sessions, vacations, and other things of value.
In or around 2015, Baker began demanding monetary kickbacks that were valued at 10 percent of the amount of each of the subcontract modifications that he awarded the subcontractor.
Baker sent the subcontractor fake invoices to make it appear as though the payments he was receiving were for legitimate work, and he set up a shell company to receive the payments.
Additionally, Baker took the subcontract estimates provided to him and illegally inflated them in his requests to the GSA.
Over the course of several subcontract modifications, Baker defrauded the GSA out of approximately $1.25 million.

Prosecution of his case was handled by the Justice Department’s Criminal Division’s Fraud Section, the nation’s leading prosecuting authority on government procurement fraud and corruption matters.

The GSA Office of Inspector General, FBI’s Washington Field Office, and the State Department Office of Inspector General were in charge of investigating this case.

Source: https://www.justice.gov/opa/pr/employee-government-contractor-pleads-guilty-fraud-and-kickback-charges

October 6, 2020 By cs

IG finds ‘significant inaccuracies’ in Federal Acquisition Service’s reporting of small business contracts

This resulted from issues with the GSA-managed federal procurement data system.

There have been “significant inaccuracies” in the Federal Acquisition Service’s reporting of small business contracts, a watchdog reported earlier this week.

The General Service Administration inspector general has issued a report that looked at the data GSA’s Federal Acquisition Service entered into the Federal Procurement Data System – Next Generation, which is managed by GSA. The Small Business Administration uses that system to assess if the federal government achieves its overall annual goal of awarding 23% of contracts to small businesses. Based on its review of Federal Acquisition Service procurements from fiscal 2016 and 2017 (that totaled $3.7 billion), the IG identified issues that led to overstating of small businesses procurements.

“We found that FAS’s reporting of small business procurements contained significant inaccuracies. We identified $89 million in procurements erroneously recorded as small business in [the Federal Procurement Data System–Next Generation],” said the IG. “In addition, FAS’ small business procurement reporting does not identify the extent of the work performed by large businesses. We found approximately $120 million of small business procurements in which large businesses performed a portion of the work.”

The IG reviewed the agency’s contracting data and internal policies as well as interviewed GSA officials and small business contractors, for its audit that was conducted from June 2018 to June 2019. While the report was about FAS, the IG found the issues were, in some ways, out the agency’s control.

Keep reading this article at: https://www.nextgov.com/analytics-data/2020/09/ig-finds-significant-inaccuracies-federal-acquisition-services-reporting-small-business-contracts/168602/

August 25, 2020 By cs

4 lessons from SBA’s $30 million ‘Certify’ platform debacle

Let me know if you’ve heard this one before: An agency hires “experts” to develop an application, spends tens of millions of dollars and the effort falls flat.

This easily could be the story to focus on with Small Business Administration’s Certify.SBA.gov project.

A recent agency inspector general report found the agency brought in U.S. Digital Service experts, spent upwards of $30 million over the last five years to develop the platform only for most of the effort to go to scrap and forcing SBA to basically start over again.

Instead this is a story about perseverance. It’s a story about lessons learned that every agency should keep in mind. And this is a story that offers an inside view into why federal projects do fail and how simple steps could change the direction of any IT project.

Keep reading this article at: https://federalnewsnetwork.com/reporters-notebook-jason-miller/2020/08/4-lessons-from-sbas-30m-certify-platform-debacle/

The former vice president and CEO of Communications Resource, Inc. (CRI), has pled guilty in federal court in the District of Columbia to one count of conspiracy to violate the Procurement Integrity Act and one count of obstruction of justice.

This resulted from issues with the GSA-managed federal procurement data system.

Let me know if you’ve heard this one before: An agency hires “experts” to develop an application, spends tens of millions of dollars and the effort falls flat.

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