At Stake in the Ubl Case: Safeguards Protecting $50 Billion in Taxpayer Dollars from Waste, Fraud and Abuse

This week POGO submitted an amicus brief in a case—Ubl v IIF Data Solutions, Inc.—that could have big implications for taxpayers. From the brief:

This case is special and unique as it will determine which pricing safeguards apply to IDIQ contracts. POGO urges this Court to enforce the Most Favored Customer ("MFC") clause and the Price Reduction Clause ("PRC"), which serve as the only protections of the $50 billion in taxpayer dollars contracted under the [Multiple Award Schedule] MAS program. Otherwise, this Court will allow ordering agencies to substantially alter material and conditions in MAS contracts thereby unraveling the program that was created to provide efficient, effective, and definite buying tools for commercial items—one which leverages the government's buying power. (Links and emphasis added.)

That's a lot of govcon lingo, but the bottom line is that the ruling in this case could undermine key taxpayer safeguards in an already-risky contracting vehicle. In other words, "this Court's decision will have far-reaching consequences on preventing, detecting, and prosecuting procurement fraud on all interagency contracts."

You may read the brief here and find a statement by POGO General Counsel Scott Amey here.

-- Bryan Rahija

See also: GSA Scheduling Conflict

Comments

[Lawrence Frigg]

That's huge; it's pretty bad when these contractors can be so fast and loose with taxpayer funds.