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February 19, 2021 By cs

What to expect for False Claims Act enforcement under new Administration

Although Department of Justice (DOJ) recoveries under the False Claims Act (FCA) reached historic lows in FY2020, President Biden’s administration is poised to usher in a return to aggressive FCA enforcement.

Under President Obama, DOJ’s FCA recoveries hit all-time peaks, totaling over $5 billion in 2012, $6.1 billion in 2014, and $4.9 billion in 2016. From there, they trended consistently downward throughout the Trump Administration, averaging under $3 billion annually. Given the Biden Administration’s focus on tackling the COVID-19 pandemic and stimulating the economy, we anticipate that DOJ’s scrutiny of alleged fraud in government programs will be as probing as ever.

In the 1980s, then-Senator Biden supported the seminal 1986 amendments to the FCA, emphasizing in his Senate remarks that enforcement should enjoy bipartisan support: “Fraud against the Government is not a matter that ought to be used for political advantage. . . . It is not a matter that divides Democrats from Republicans.”

More recently, as Vice President under President Obama, Biden famously oversaw the 2009 Recovery Act in the wake of the 2008 financial crisis and touted the lower-than-average rate of fraud investigations into the stimulus spending. In 2011, he also led the Government Accountability and Transparency Board to advance efforts to detect and remediate fraud, waste, and abuse in federal programs as part of the “Campaign to Cut Waste.” When announcing this campaign, he underscored his commitment “to changing the way government works and . . . stepping up the hunt for misspent dollars.”

Keep reading this article at: https://www.mondaq.com/unitedstates/government-contracts-procurement-ppp/1035290/what-to-expect-for-false-claims-act-enforcement-under-the-biden-administration

Filed Under: Government Contracting News Tagged With: abuse, DOJ, false claims, False Claims Act, FCA, fraud, Justice Dept., law enforcement, overspending, waste

July 27, 2011 By AMK

OMB lists contract categories vulnerable to overspending

When the Office of Management and Budget on July 7 announced a new directive for agencies to cut spending on contract management services by 15 percent, officials mentioned 15 product service codes that were considered most at risk of overspending because they have a high proportion of time-and-materials contracts.

Since that briefing, OMB released a list of the codes, noting that they are the same as those that appeared last November in guidance on service inventories. The 15 codes affected by the management support services directive are:

Description of Function Product & Service Code
Professional & Management Services
Cost Benefit Analyses B505
Policy Review/Development Services R406
Program Evaluation Services R407
Program Management/Support Services R408
Program Review/Development Services R409
Specifications Development Service R413
Management Services/Contract & Procurement Support R707
Intelligence Services R423
Engineering and Technical Services R425
Systems Engineering Services R414
Personal Services Contracts R497
Information Technology Support Services
ADP Systems Development Services D302
Automated Information Systems Services D307
ADP System Acquisition Support Services D314
ADP Backup and Security Services D310

Focusing on these product codes, according to Stan Soloway, president and chief executive officer of the Professional Services Council, a contractor trade group, may have limited utility. Use of all but one or two already is going down, he said, “so why add this rule now?”

— by Charles S. Clark – GovExec.com – July 14, 2011 – at http://www.govexec.com/story_page.cfm?articleid=48250&printerfriendlyvers=1 

Filed Under: Government Contracting News Tagged With: contract management services, information technology, IT, management support service, OMB, overspending

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