DOCSLIB.ORG

Headquarters, Department of the Army

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Headquarters, Department of the Army Headquarters, Department of the Army Department of the Army Pamphlet 27-50-392 January 2006 Contract and Fiscal Law Developments of 2005—The Year in Review Major Andrew S. Kantner, Editor, Lieutenant Colonel Ralph J. Tremaglio, III, Chair, Major Steven R. Patoir, Vice-Chair, Major Michael S. Devine, Major Marci A. Lawson, USAF, Major Michael L. Norris, Major Jennifer C. Santiago, Lieutenant Colonel Karl W. Kuhn, Lieutenant Colonel John J. Siemietkowski, Major Katherine E. White, Ms. Margaret K. Patterson Contents Foreword Contract Formation (Authority; Competition; Contract Types; Sealed Bidding; Negotiated Acquisitions; Simplified Acquisitions—Final & Interim Rules; Government Purchase Card; Contractor Qualifications: Responsibility; Commercial Items—Final & Interim Rules; Multiple Award Schedules; Socio-Economic Policies; Randolph-Sheppard Act; Javits-Wagner O’Day Program Developments; Foreign Purchases; Labor Standards; Bid Protests) Contract Administration (Contract Interpretation; Contract Changes; Inspection, Acceptance and Warranty; Value Engineering Change Provision; Terminations for Default; Terminations for Convenience; Contract Disputes Act Litigation; Nonappropriated Fund Contracting) Special Topics (Competitive Sourcing; Privatization; Construction Contracting; Bonds, Sureties, and Insurance; Cost & Cost Accounting Standards; Information Technology; Intellectual Property; Non-FAR Transactions; Payment and Collection; Performance-Based Service Acquisitions; Procurement Fraud; Taxation; Government Furnished Property; Contract Pricing; Auditing; Major Systems Acquisitions; Contractors Accompanying the Force) Fiscal Law (Purpose; Time; Anti-Deficiency Act; Construction Funding; Intragovernmental Acquisitions and Revolving Funds; Obligations; Operational Funding; Foreign Military Sales; Liability of Accountable Officers) Appendix : Websites & Electronic Newsletters Subject Matter Index Announcement CLE News Current Materials of Interest Editor, Captain Anita J. Fitch Assistant Editor, Captain Colette E. Kitchel Technical Editor, Charles J. Strong The Army Lawyer (ISSN 0364-1287, USPS 490-330) is published monthly submitted via electronic mail to [email protected] or on 3 1/2” by The Judge Advocate General’s Legal Center and School, Charlottesville, diskettes to: Editor, The Army Lawyer, The Judge Advocate General’s Virginia, for the official use of Army lawyers in the performance of their Legal Center and School, U.S. Army, 600 Massie Road, ATTN: ALCS- legal responsibilities. Individual paid subscriptions to The Army Lawyer are ADA-P, Charlottesville, Virginia 22903-1781. Articles should follow The available for $45.00 each ($63.00 foreign) per year, periodical postage paid at Bluebook, A Uniform System of Citation (18th ed. 2005) and Military Charlottesville, Virginia, and additional mailing offices (see subscription form Citation (TJAGLCS, 10th ed. 2005). Manuscripts will be returned on on the inside back cover). POSTMASTER: Send any address changes to The specific request. No compensation can be paid for articles. Judge Advocate General’s Legal Center and School, 600 Massie Road, ATTN: ALCS-ADA-P, Charlottesville, Virginia 22903-1781. The opinions The Army Lawyer articles are indexed in the Index to Legal Periodicals, expressed by the authors in the articles do not necessarily reflect the view of the Current Law Index, the Legal Resources Index, and the Index to U.S. The Judge Advocate General or the Department of the Army. Masculine or Government Periodicals. The Army Lawyer is also available in the Judge feminine pronouns appearing in this pamphlet refer to both genders unless the Advocate General’s Corps electronic reference library and can be accessed context indicates another use. on the World Wide Web by registered users at http://www.jagcnet.army.mil/ArmyLawyer. The Editor and Assistant Editor thank the Adjunct Editors for their invaluable assistance. The Board of Adjunct Editors consists of highly Address changes for official channels distribution: Provide changes to qualified Reserve officers selected for their demonstrated academic the Editor, The Army Lawyer, The Judge Advocate General’s Legal Center excellence and legal research and writing skills. Prospective candidates and School, 600 Massie Road, ATTN: ALCS-ADA-P, Charlottesville, may send Microsoft Word versions of their resumes, detailing relevant Virginia 22903-1781, telephone 1-800-552-3978, ext. 396 or electronic experience, to the Technical Editor at [email protected] mail to [email protected]. The Army Lawyer welcomes articles from all military and civilian Issues may be cited as ARMY LAW., [date], at [page number]. authors on topics of interest to military lawyers. Articles should be CONTRACT AND FISCAL LAW DEVELOPMENTS OF 2005—THE YEAR IN REVIEW Major Andrew S. Kantner, Editor Lieutenant Colonel Ralph J. Tremaglio, III, Chair Major Steven R. Patoir, Vice-Chair Major Michael S. Devine Major Marci A. Lawson, USAF Major Michael L. Norris Major Jennifer C. Santiago Lieutenant Colonel Karl W. Kuhn Lieutenant Colonel John J. Siemietkowski Major Katherine E. White Ms. Margaret K. Patterson CONTENTS CONTRACT AND FISCAL LAW DEVELOPMENTS OF 2005—THE YEAR IN REVIEW ........................................ 1 CONTENTS ............................................................................................................................................................................ 2 Foreword .................................................................................................................................................................................3 CONTRACT FORMATION ....................................................................................................................................................4 Authority .................................................................................................................................................................................4 Competition.............................................................................................................................................................................5 Contract Types ......................................................................................................................................................................16 Sealed Bidding ......................................................................................................................................................................22 Negotiated Acquisitions ........................................................................................................................................................23 Simplified Acquisitions―Final & Interim Rules ..................................................................................................................43 Government Purchase Card...................................................................................................................................................44 Contractor Qualifications: Responsibility ............................................................................................................................47 Commercial Items―Final & Interim Rules ..........................................................................................................................48 Multiple Award Schedules ....................................................................................................................................................50 Socio-Economic Policies.......................................................................................................................................................52 Randolph-Sheppard Act ........................................................................................................................................................57 Javits-Wagner O’Day (JWOD) Program Developments.......................................................................................................58 Foreign Purchases..................................................................................................................................................................59 Labor Standards.....................................................................................................................................................................60 Bid Protests............................................................................................................................................................................66 CONTRACT ADMINISTRATION .......................................................................................................................................74 Contract Interpretation...........................................................................................................................................................74 Contract Changes ..................................................................................................................................................................75 Inspection, Acceptance and Warranty ...................................................................................................................................76 Value Engineering Change Provision....................................................................................................................................79 Terminations for Default .......................................................................................................................................................79
Load more

Recommended publications
  • An Uneasy Relationship: U.S. Reliance on Private Security Firms in Overseas Operations
    S. Hrg. 110–1016 AN UNEASY RELATIONSHIP: U.S. RELIANCE ON PRIVATE SECURITY FIRMS IN OVERSEAS OPERATIONS HEARING BEFORE THE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED TENTH CONGRESS SECOND SESSION FEBRUARY 27, 2008 Available via http://www.access.gpo.gov/congress/senate Printed for the use of the Committee on Homeland Security and Governmental Affairs ( U.S. GOVERNMENT PRINTING OFFICE 41–453 PDF WASHINGTON : 2010 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 09:41 Mar 09, 2010 Jkt 041453 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 P:\DOCS\41453.TXT SAFFAIRS PsN: PAT COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS JOSEPH I. LIEBERMAN, Connecticut, Chairman CARL LEVIN, Michigan SUSAN M. COLLINS, Maine DANIEL K. AKAKA, Hawaii TED STEVENS, Alaska THOMAS R. CARPER, Delaware GEORGE V. VOINOVICH, Ohio MARK L. PRYOR, Arkansas NORM COLEMAN, Minnesota MARY L. LANDRIEU, Louisiana TOM COBURN, Oklahoma BARACK OBAMA, Illinois PETE V. DOMENICI, New Mexico CLAIRE McCASKILL, Missouri JOHN WARNER, Virginia JON TESTER, Montana JOHN E. SUNUNU, New Hampshire MICHAEL L. ALEXANDER, Staff Director TROY H. CRIBB, Counsel BRANDON L. MILHORN, Minority Staff Director and Chief Counsel RICHARD A. BEUTEL, Minority Professional Staff Member TRINA DRIESSNACK TYRER, Chief Clerk PATRICIA R. HOGAN, Publications Clerk and GPO Detailee LAURA W. KILBRIDE, Hearing Clerk (II) VerDate Nov 24 2008 09:41 Mar 09, 2010 Jkt 041453 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 P:\DOCS\41453.TXT SAFFAIRS PsN: PAT C O N T E N T S Opening statements: Page Senator Lieberman ..........................................................................................
    [Show full text]
  • Headquarters, Department of the Army
    Headquarters, Department of the Army Department of the Army Pamphlet 27-50-416 January 2008 Contract and Fiscal Law Developments of 2007—The Year in Review Major Marci A. Lawson, USAF (Editor), Lieutenant Colonel Ralph J. Tremaglio, III, Chair, Lieutenant Colonel Michael L. Norris, Vice-Chair, Colonel John Siemietkowski, Major Jose A. Cora, Major Mark A. Ries, Major Michael Wong, Major Jennifer C. Connelly, Major Peter D. DiPaola, Major Brett Egusa Ms. Margaret K. Patterson Contents Foreword Contract Formation (Authority; Competition; Contract Types; Sealed Bidding; Negotiated Acquisitions; Socio-Economic Policies; Required Sources; Bid Protests) Contract Administration (Contract Interpretation; Contract Changes; Contract Disputes Act (CDA) Litigation; Terminations for Default; Terminations for Convenience; Government Property; Non- Appropriated Fund Contracting) Special Topics (Competitive Sourcing; Construction Contracting; Foreign Military Sales; Payment and Collection; Procurement Fraud; Taxation; Contingency Contractor Personnel) Fiscal Law (Time; Antideficiency Act; Obligations) Appendix A: Department of Defense Legislation for Fiscal Year 2008 Appendix B: Government Contract and Fiscal Law Websites & Electronic Newsletters CLE News Current Materials of Interest Editor, Captain Alison M. Tulud Assistant Editor, Captain Ann B. Ching Technical Editor, Charles J. Strong The Army Lawyer (ISSN 0364-1287, USPS 490-330) is published monthly Lawyer welcomes articles from all military and civilian authors on topics of by The Judge Advocate General’s Legal Center and School, Charlottesville, interest to military lawyers. Articles should be submitted via electronic Virginia, for the official use of Army lawyers in the performance of their mail to [email protected]. Articles should follow The legal responsibilities. Individual paid subscriptions to The Army Lawyer are Bluebook, A Uniform System of Citation (18th ed.
    [Show full text]
  • Julaug07.Pdf
    VBA• • THE OFFICIAL PUBLICATION OFNews THE VIRGINIA BAR ASSOCIATION • JournalVOL. XXXIII, NO. 3 • JULY/AUGUST 2007 Legal Focus: Construction and Public Contracts Law You still have time to fulfill those resolutions... 2007! 2006 2005 My New Year’s Resolutions for 2004 — · Evaluate Life Insurance for Family Needs · Compare Health Insurance Plans · Start College Funding · Review Long Term Care as part of Retirement Strategy · Protect Income if sick or injured with Disability Insurance · Purchase Life Insurance to fund Partners Buy/Sell Agreement · Contact Virginia Barristers Alliance, your insurance subsidiary of The Virginia Bar Association, for all of the above! To start our conversation, please complete this form and fax it to us at (804) 762-4192 or 1-800-947-2796. Without obligation, I would like to receive more information about products and services available to members of The Virginia Bar Association. Item(s) of special interest: ___________________________. Here’s how you can reach me: Name: _______________________________________________________________________ Address: _______________________________________________________________________ _______________________________________________________________________ E-mail: _______________________________________________________________________ Area Code ( ) Phone: ___________________________________ ____ Day ____ Evening Virginia Barristers Alliance, Inc. THE INSURANCE AGENCY SUBSIDIARY OF THE VIRGINIA BAR ASSOCIATION Dean Hardy and Howard DiSavino Jr. • 4880 Sadler Road, Suite 110, Glen Allen, Virginia 23060 (804) 290-8720 direct line • 1-800-358-7987 toll-free • (804) 762-4192 fax • email: [email protected] THE VIRGINIA BAR ASSOCIATION VOLUME XXXIII, ISSUE 3 VBA• • JULY/AUGUST 2007 701 East Franklin Street, Suite 1120 Richmond, VA 23219 (804) 644-0041 FAX (804) 644-0052 News Journal E-mail: [email protected] Web: www.vba.org 4 • VBA 411: President News from around the Commonwealth Glenn C.
    [Show full text]
  • Straightened up and Flying Right
    http://www.usatoday.com/money/companies/management/2007-02-25-exec-profile-boeing_x.htm Page 1 of 4 thing every day." Straightened up and After 20 months as CEO, McNerney is still getting noticed most for keeping the aerospace giant, No. flying right 26 on the Fortune 500, on the straight and narrow. All the while, McNerney has presided over soaring Updated 2/26/2007 9:08 AM ET sales and a 43% rise in Boeing's share price. Chicago-based Boeing is the world's top-selling builder of passenger jets, and second-biggest defense contractor behind Lockheed Martin. Boeing was in a steep dive when McNerney took control in July 2005. Former CEO Phil Condit, a visionary aerospace engineer known for living large, was forced out in the wake of defense procurement scandals that landed Druyun and Sears in prison. McNerney's short-time predecessor, Harry Stonecipher, also charged by Boeing directors with restoring Boeing's integrity, was forced out after sending explicitly sexual e-mails to a Boeing executive with whom he was having an extramarital affair. McNerney, 57, represents a stark contrast to his predecessors by several measures. He's the first Boeing CEO from outside the company since World War II. In person, he comes across as low-key and proper. By Kevin P. Casey for USA TODAY In stints at General Electric and 3M, McNerney established himself in the nation's top tier of Boeing CEO Jim McNerney got lessons in values at an executive talent, the place where the largest early age. Ethics "was in our upbringing," a brother says.
    [Show full text]
  • Congressional Record—Senate S7453
    July 14, 2009 CONGRESSIONAL RECORD — SENATE S7453 allow needed funding to be reallocated of the HELP Committee—but we have where all one sees are the benefits, to more important, pressing needs of been going through a multiweek mark- without considering the con- our military. Let’s pass a Defense au- up that I think has been characterized sequences—the law of unintended ef- thorization bill actually contains the by some very wishful thinking on the fects. For example: the totally mis- requests that our military has made. part of the majority members of that leading claim by the majority that the Madam President, $1.75 billion for the committee; namely, the hope or the new data from the Congressional Budg- F–22 has not been requested, and I wish that they can somehow not reveal et Office revealed a much lower score agree with Chairman LEVIN, Senator the very real costs and tradeoffs raised for this bill, $597 billion—a lot of MCCAIN, Presidents Obama and Bush. by their health care reform bill. I think money—while still expanding health I urge my colleagues to join in this the American people ought to become insurance coverage to 97 percent of effort to show fiscal restraint. Support more and more aware of this. Americans. This claim is the very defi- the Levin-McCain amendment. The The bill the HELP Committee is nition of ‘‘wishful thinking.’’ But facts best way to defend our country is to marking up establishes all sorts of new are stubborn things. The actual CBO listen to our military when it tells us government programs, all sorts of new numbers say this bill leaves 34 million to change the way we invest.
    [Show full text]
  • Boeing Corporation the Challenge of Being Ethical and Competitive
    Boeing Corporation The Challenge of Being Ethical and Competitive “Because we dared to dream, dared to work hard, we have turned dreams into realities, to leave some huge footprints on every aerospace frontier. Now it is time to create some new footprints!” ~ Phil Condit, CEO, 1996 Boeing Chief Executive Phil Condit stared blankly at the road early Saturday evening as he drove to Boeing Headquarters. He drummed his fingers on the steering wheel, contemplating the crucial decision at hand. The Boeing Board of Directors was to gather that night to decide whether or not to fire Chief Financial Officer and Executive Vice President Mike Sears and Darleen Druyun, the Vice President of Missile-Defense Systems. Recent events had caused executives to question the appropriateness of the hiring of Druyun by Sears. Sears offered Druyun a job last year while she was employed as an acquisition official for the U.S. Air Force. At the time, she was reviewing a $21 billion proposal for the Air Force to lease 100 Boeing 767 air-borne-refueling tankers. Boeing assigned external and in-house lawyers to review Sears and Druyun’s conduct more than a month ago. In the initial stages of the investigation the lawyers did not find any impropriety; two weeks ago however, the fate of Boeing changed when the lawyers uncovered improper contact between Sears and Druyun. The lawyers discovered evidence from e-mails and interviews that Sears’ contacted Druyun about employment with Boeing in October 2002, while she was reviewing the tanker contract. This directly violated Boeing’s hiring policies.
    [Show full text]
  • Applying the False Claims Act to Security Contractors in Iraq
    NOTE Private Attorneys General v. "War Profiteers": Applying the False Claims Act to Private Security Contractors in Iraq t Bryan Terry I. INTRODUCTION What is the effect and reach of American law in a war zone such as Iraq? A recent case, United States ex rel. DRC, Inc. v. Custer Battles,' has presented an amalgam of apparently conflicting policies and princi- ples that offers some food for thought on one aspect of this admittedly broad question. The case is a civil qui tam action 2 under the False Claims Act (FCA) 3 against an American contractor, Custer Battles, Inc. In the t J.D. candidate, Seattle University School of Law, 2007; B.A., English, University of Florida, 1992. The author wishes to thank his family for their love and unwavering support. The author would like to recognize the encouragement and editing contributions of the members of the Seattle University Law Review, particularly Scott Cushing of the class of 2006. 1. 376 F. Supp. 2d 617 (E.D. Va. 2005) [hereinafter Custer Battles]. This Note focuses on one published opinion from this complicated case. The court has granted defendants' Rule 50 motion, vacating a jury's finding of Custer Battles' liability. United States ex rel. DRC, Inc. v. Custer Bat- tles, LLC, 444 F. Supp. 2d 678 (E.D. Va. 2006) [hereinafter Custer Battles fl]. The court initially put aside the question of whether the Coalition Provisional Authority (CPA) was an American agency for purposes of the False Claims Act (FCA). Custer Battles, 376 F. Supp. 2d at 620-23. However, in deciding defendants' post-trial Rule 50 motion, the court found that the CPA was not an American entity-such that a fraudulent act against it would not give rise to FCA liability.
    [Show full text]
  • Congressional Record—Senate S6105
    June 20, 2006 CONGRESSIONAL RECORD — SENATE S6105 the U.S. troop presence by year’s end to the I yield the floor. very distinguished military record of under 100,000, with most of the remaining f his own, and quite modest about it. But troops to return home by the end of 2007. at some point I would love to have a The eventual removal of coalition troops from Iraq streets will help the Iraqis, who CONCLUSION OF MORNING colloquy with the Senator on why now see foreign troops as occupiers rather BUSINESS Rhode Island—we are talking about than the liberators they were meant to be. It The PRESIDING OFFICER. Morning sovereignty and the formation of gov- will remove psychological barriers and the business is closed. ernments—about why did they hold out reason that many Iraqis joined the so-called those many years before ratifying the resistance in the first place. The removal of f Constitution? At some point, could the troops will also allow the Iraqi government to engage with some of our neighbors that NATIONAL DEFENSE AUTHORIZA- two of us have a colloquy about that? have to date been at the very least sympa- TION ACT FOR FISCAL YEAR 2007 Mr. REED. I would be happy to do that, in the future. thetic to the resistance because of what they The PRESIDING OFFICER. Under call the ‘‘coalition of occupation.’’ If the sec- I would like to highlight some of the the previous order, the Senate will re- tarian issue continues to cause conflict with aspects of the bill which I think are Iraq’s neighbors, this matter needs to be ad- sume consideration of S.
    [Show full text]
  • After Saddam: Prewar Planning and the Occupation of Iraq, MG-642-A, Nora Bensahel, Olga Oliker, Keith Crane, Richard R
    THE ARTS This PDF document was made available from www.rand.org as CHILD POLICY a public service of the RAND Corporation. CIVIL JUSTICE EDUCATION Jump down to document ENERGY AND ENVIRONMENT 6 HEALTH AND HEALTH CARE INTERNATIONAL AFFAIRS The RAND Corporation is a nonprofit research NATIONAL SECURITY POPULATION AND AGING organization providing objective analysis and PUBLIC SAFETY effective solutions that address the challenges facing SCIENCE AND TECHNOLOGY the public and private sectors around the world. SUBSTANCE ABUSE TERRORISM AND HOMELAND SECURITY Support RAND TRANSPORTATION AND INFRASTRUCTURE Purchase this document WORKFORCE AND WORKPLACE Browse Books & Publications Make a charitable contribution For More Information Visit RAND at www.rand.org Explore the RAND Arroyo Center View document details Limited Electronic Distribution Rights This document and trademark(s) contained herein are protected by law as indicated in a notice appearing later in this work. This electronic representation of RAND intellectual property is provided for non-commercial use only. Unauthorized posting of RAND PDFs to a non-RAND Web site is prohibited. RAND PDFs are protected under copyright law. Permission is required from RAND to reproduce, or reuse in another form, any of our research documents for commercial use. For information on reprint and linking permissions, please see RAND Permissions. This product is part of the RAND Corporation monograph series. RAND monographs present major research findings that address the challenges facing the public and private sectors. All RAND monographs undergo rigorous peer review to ensure high standards for research quality and objectivity. After Saddam Prewar Planning and the Occupation of Iraq Nora Bensahel, Olga Oliker, Keith Crane, Richard R.
    [Show full text]
  • United States Ex Rel. DRC, Inc. V. Custer Battles, LLC: a Brutal Battle Foreshadowing the Future of False Claims Act Litigation
    University of Maryland Francis King Carey School of Law DigitalCommons@UM Carey Law Maryland Law Review Online 2010 United States ex rel. DRC, Inc. v. Custer Battles, LLC: a Brutal Battle Foreshadowing the Future of False Claims Act Litigation Kathleen H. Harne Follow this and additional works at: https://digitalcommons.law.umaryland.edu/endnotes Part of the Civil Procedure Commons, and the Torts Commons Recommended Citation Kathleen H. Harne, United States ex rel. DRC, Inc. v. Custer Battles, LLC: a Brutal Battle Foreshadowing the Future of False Claims Act Litigation , 69 Md. L. Rev. Online 118 (2010), Available at: https://digitalcommons.law.umaryland.edu/endnotes/10 This Articles from Volume 69 is brought to you for free and open access by DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Law Review Online by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. Note UNITED STATES EX REL. DRC, INC. V. CUSTER BATTLES, LLC: A BRUTAL BATTLE FORESHADOWING THE FUTURE OF FALSE CLAIMS ACT LITIGATION KATHLEEN H. HARNE* In United States ex rel. DRC, Inc. v. Custer Battles, LLC (DRC IV),1 the United States Court of Appeals for the Fourth Circuit considered whether a contractor was liable under the False Claims Act (―FCA‖) for submitting fraudulent claims to the Coalition Provisional Authority (―CPA‖) in Iraq.2 The court, reversing in part and remanding the lower court‘s decision, held that all of the fraudulent claims presented by the contractor, including those paid out of the Development Fund for Iraq (―DFI‖), qualified under the FCA for two primary reasons.3 First, the United States had contributed a portion of funds that became part of the DFI, a source of funds belonging to the Iraqi people.4 Second, a jury could reasonably conclude that U.S.
    [Show full text]
  • Congressional Record—Senate S5837
    June 14, 2006 CONGRESSIONAL RECORD — SENATE S5837 committee had all the facts we needed pass this bill but to serve the interests Mr. LEVIN. Maybe we could ascer- to proceed to making a decision on the of our country. tain that. He is on his way to the floor. President’s request. I am happy to recommend this con- I know he was willing to make the Our staff members are the very best. ference report to the Senate. I yield modification. It is helpful to put the We are very fortunate in the Senate to back the remainder of the time avail- date of his amendment in line with our have the benefit of the services of able under the order. bill, the fiscal year, as I understand it. Keith Kennedy, who is staff director of f Mr. WARNER. I suggest the absence the Appropriations Committee, and his of a quorum. NATIONAL DEFENSE AUTHORIZA- counterpart on the other side, Terry The PRESIDING OFFICER. The TION ACT FOR FISCAL YEAR 2007 Sauvain, is equally dutiful and depend- clerk will call the roll. able in his efforts on behalf of our com- The PRESIDING OFFICER. The Sen- The legislative clerk proceeded to mittee. Chuck Keiffer managed much ator from Virginia. call the roll. of the floor activity and was at the Mr. WARNER. Mr. President, under Ms. STABENOW. Madam President, I markup session that we had that ran the standing order, is not the Senate ask unanimous consent that the order way past midnight the night we were now to return to the annual authoriza- for the quorum call be rescinded.
    [Show full text]
  • Alexandria Division)
    UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA (Alexandria Division) _______________________________________ | UNITED STATES EX REL. DRC, INC., | UNDER SEAL ROBERT J. ISAKSON and WILLIAM | (filed in camera) D. BALDWIN | 740 Museum Drive | Mobile, Alabama 36608, | | Plaintiff/Relators, | | v. | Case No.: CV-04-199-A | CUSTER BATTLES, LLC | 3959 Pender Drive | Fairfax, Virginia 22030, | | SECURE GLOBAL DISTRIBUTION | 4th Floor Zephyr House | 122 Mary Street, P.O. Box 709 | Georgetown, Grand Cayman Island | Cayman Islands, | | MIDDLE EAST LEASING | 4th Floor Zephyr House | 122 Mary Street, P.O. Box 709 | Georgetown, Grand Cayman Island | Cayman Islands, | | CUSTER BATTLES LEVANT | Solidere, Central District | Omar al Daouk Street | Khaled at Daouk Building, 2nd Floor | Beirut, Lebanon, | | LARU, LTD. | P.O. Box 51263, | 3503 Limassol, Cyprus, | | SCOTT CUSTER | County of Fairfax, Virginia, | | MICHAEL BATTLES | 22 Ledyard Street | Newport, Rhode Island 02840, | | JOSEPH MORRIS | 96 Hattertown Road | Newtown, Connecticut 06470-2499, | | MUHAMMED ISSAM ABU DARWISH | a citizen of Lebanon who resides in | Lebanon and Iraq, | | and | | MURTAZA LAKHANI | a citizen of Pakistan who resides | in Canada and Iraq, | | Defendants. | | _______________________________________| AMENDED COMPLAINT 1. On behalf of the United States of America, Relators DRC, Inc. Robert J. Isakson and William D. Baldwin bring this action under the Civil False Claims Act, 31 U.S.C. § 3729 et seq. (the “FCA”), in order to recover damages and civil penalties from Defendants Custer Battles, LLC, Secure Global Distribution, Middle East Leasing, Laru, Ltd., Custer Battles Levant, Scott Custer, Michael Battles, Joseph Morris, Muhammed Issam Abu Darwish and Murtaza Lakhani, for their knowing submission of false payment claims to United States Government-funded entities involved in the reconstruction of Iraq, including 2 specifically the Coalition Provisional Authority of Iraq (the “CPA”), the Iraqi Currency Exchange (the “ICE”), and U.S.
    [Show full text]