SUFFERN, N.Y., Oct. 29, 2004 LAWFUEL – Law, criminal law, legal, attorney, law firm news— Sam Z. Gdanski, former
Assistant Counsel, Department of Defense, now in private
practice in the area of Federal government contracts, is
available for comment on procedures and possible course of
action in the Halliburton FBI investigation.
Gdanski was lead counsel in Al Ghanim v US, 56 Fed Cl. 502
US Court Of Federal Claims in May 22, 2003, prior to the
Halliburton contract, which was based in part on the written
observations of Bunnatine H. Greenhouse, US Army Corps of
Engineers, Principal Assistant Responsible for Contracting
(PARC), on the official Corps internal review documents.
This case was prior to the Halliburton controversy and
should have put the Corps of Engineers on notice to correct
its procurement practices. This was the first Federal Court
case that found improper violations by the US Army Corps of
Engineers in failing to properly analyze price, and the only
case which found that the Federal government violated
Federal Acquisition Regulations in Iraq contracting. The
court in Al Ghanim v US, found that “the Corps performed no
cost analysis whatsoever,” despite the fact that FAR
15.404-1(a)(1) provided techniques that the contracting
officer must use “to ensure that the final(contract) price
is fair and reasonable.” FAR 15.404-1(a)(1). The Court’s
decision cited Ms. Greenhouse’s observation criticizing the
Corps of Engineers’ decision to authorize limited
competition and the use of an IDIQ contract.
Gdanski states that Ms. Greenhouse’s actions indicate the
highest integrity and objective legal evaluation which
should have led to reforms in the Corps of Engineers’
procurement practices after being brought to light in May
2003, in Al Ghanim.
According to Sam Z. Gdanski, there are Federal regulations
governing government contractors, like Halliburton, and
those found to have violated these regulations by
overcharging the Federal government may be debarred and
suspended from doing further business with the US.
Mr. Gdanski prevailed in the precedent-setting case, “Garufi
v. United States,” in the United States Court of Appeals for
the Federal Circuit, 238 F.3d 1324, (Fed Cir 2001) which
required that due considerations be given to violations of
procurement practices in determining the “responsibility” of
Federal government contractors. The Garufi case involved the
Italian Mafia, bid rigging and murder.
“Garufi v. United States” forced the General Accounting
Office to implement procedures to insure that government
contractors have proper responsibility.”
Gdanski practices in Suffern, New York, representing U.S.
government contractors, international contractors and those
involved in the Iraq Reconstruction effort.
Contact Sam Z. Gdanski, Attorney At Law at, 3 Rockwood Lane,
Suffern, New York 10901 for comments, commentary, analysis
and review.
Contact: Sam Z. Gdanski, Attorney At Law
Phone: (845) 362-4800 or (914) 589-0015
Fax: (845)362-4700
E-mail: samgdanski@gdanski.com
Source: Sam Z. Gdanski, Attorney At Law
