AR, Tab 15, Source Selection Decision Document (SSDD) at 3.
The agency evaluators also made narrative findings identified as elements that increased the confidence of success, or elements that decreased the confidence of success in support of the assigned ratings. For example, with regard to the performance management approach factor (the most important of the solicitation’s evaluation criterion), the TET identified three elements that increased confidence in AT&T’s proposal, while finding three elements that decreased confidence in CenturyLink’s proposal. AR, Tab 12, TET Report at 6-7.
On December 29, the agency’s source selection authority (SSA) received and reviewed the evaluation ratings and findings. AR, Tab 15, SSDD at 1-9. The SSA determined that AT&T’s technical advantages, as compared to CenturyLink’s proposal, outweighed CenturyLink’s price advantage, and thereby made AT&T the overall best value to the government.
Inc.,
13 the ASBCA rejected the
contractor s attempt to escape default arising from the
contractor s admitted nonperformance after the government
exercised its offset right. No dispute existed that the government
had terminated the contract because the contractor failed to
deliver the specified equipment by the contractually required
delivery date. The contractor nevertheless argued unsuccessfully
that the government should have excused the nonperformance of its
subcontractor due to lack of payment because the government had
withheld payments to the prime contractor based on problems the
prime had experienced on a separate contract effectively
exercising its offset right. The board held that the default
In Short:
qui tam cases predicated on alleged human trafficking violations has begun to emerge.
The Result: Potential exposure to qui tam claims heightens the risk of allegations of human trafficking in business operations.
Looking Ahead: Companies contracting with the federal government should consult with counsel to ensure compliance with contractual and regulatory obligations related to human trafficking and should implement risk mitigation strategies where reasonably feasible.
Two recently unsealed
qui tam actions reveal efforts by former employees of government contractors to bring False Claims Act ( FCA ) actions predicated on claims of human trafficking. Under the FCA, whistleblowers ( relators ), can file