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Government may disqualify contractors who use standard confidentiality language with employees and subcontractors

May 2, 2017 By Andrew Smith

Under a new FAR rule, standard language in confidentiality agreements could lead to disqualification from contracting or False Claims Act liability.

In January, the FAR Council issued a final rule regulating confidentiality agreements between prime contractors and their employees and subcontractors. The rule implements Section 743 of the Consolidated and Further Continuing Appropriations Act of 2015, Pub. L. 113-235 (Dec. 6, 2014).  As we previously reported, a proposed rule was issued in January of 2016 and a class deviation was issued by the Department of Defense late last year.  The final rule largely adopts the proposed rule’s language and applies to all solicitations and resultant contracts that are funded with fiscal year (FY) 2015 funds.  Contractor Employee Internal Confidentiality Agreements or Statements, 82 Fed. Reg. 4717 (Jan. 13, 2017).

In summary, the new FAR 52.203-19 bars contractors from requiring their employees or subcontractors to sign or comply with “internal confidentiality agreements or statements” that would prohibit them from reporting “waste, fraud, or abuse” on a federal contract.  FAR 52.203-19(b).  Contractors who disregard this rule are prohibited from receiving federal funds.  FAR 3.909-1(a).

Because of the broad reach and significant consequences of non-compliance, the contracting community should take notice of this new rule’s requirements.

Keep reading this article at: https://www.insidegovernmentcontracts.com/2017/04/new-far-rule-government-may-disqualify-contractors-use-standard-confidentiality-language-employees-subcontractors/

Filed Under: Contracting News Tagged With: abuse, class deviation, confidential, confidentiality, DoD, employment law, false claims, False Claims Act, FAR, federal contracting, federal contracts, fraud, liability, subcontracting, waste

Retired Air Force Master Sergeant sentenced to prison for disclosing confidential bid information

February 2, 2016 By Andrew Smith

Justice Dept. seal - CopyA retired U.S. Air Force Master Sergeant was sentenced last week in the U.S. District Court for the Southern District of Florida to 18 months in prison following his guilty plea to unlawfully disclosing confidential procurement information and filing a false tax return, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division.

According to court documents, Trevor Smith retired from the U.S. Air Force in December 2012 at the rank of Master Sergeant.  From February 2009 through February 2010, Smith was deployed to Afghanistan, where he served as Supply Non-Commissioned Officer-In-Charge for the Operation Enduring Freedom/Combined Security Transition Command-Afghanistan NATO Training Mission.  In that capacity, Smith met a Fort Lauderdale-based government contractor.  As part of his plea, Smith admitted that he agreed to disclose confidential bid information on government contracts to the contractor in exchange for bribe payments.  Smith and the contractor agreed that Smith would receive two percent of all revenues on contracts that the contractor received as a result of Smith’s assistance.

In January 2010, the contractor wired $42,853.29 to Smith.  The two agreed to wait until Smith returned to the United States for more payments.  After returning to the United States, Smith set up a shell corporation called T Star Air Inc. to receive 23 additional payments totaling $220,600.  Smith also created and submitted phony invoices to conceal the scheme.  For tax years 2010 through 2012, Smith filed corporate tax returns for T Star Air that falsely claimed inflated expenses and deductions.

In addition to the prison term, U.S. District Judge Beth Bloom for the Southern District of Florida ordered Smith to pay restitution to the Internal Revenue Service (IRS) in the amount of $6,501.

Source: http://www.justice.gov/opa/pr/retired-air-force-master-sergeant-sentenced-prison-disclosing-confidential-bid-information

Filed Under: Contracting News Tagged With: Afghanistan, Air Force, bid proposal, bid rigging, bribe, bribery, confidential, corruption, IRS, tax fraud

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