BREAKING NEWS — Court of Federal Claims orders the re-evaluation of the Alliant 2 Small Business GWAC following bid protest

It’s rare that the often staid government contracts world sees an event that is truly “Breaking News!” worthy but a decision by the Court of Federal Claims this week just may qualify.  The decision is noteworthy not so much for the legal issues at stake, which are rather run-of-the-mill, as for the practical consequence: in … Continued

Can small business program misrepresentations subject a contractor to False Claims Act liability?

Two federal courts, in relatively recent decisions, have reached opposite conclusions on the question of whether a contractor’s misrepresentation regarding its status under the Small Business Administration’s (“SBA”) various special status small business government contracting programs can be subject the contractor to False Claims Act liability—one offering a clear yes and the other offering a … Continued

Update on recent False Claims Act settlements by DOJ

In fiscal year (FY) 2018, the DOJ obtained more than $2.8 billion in settlements and judgments from civil cases involving fraud and false claims against the government. Of the $2.8 billion recovered by the DOJ, $2.5 billion involved the health care industry. According to the DOJ, this is the ninth consecutive year that the DOJ’s … Continued

1Q2019 Legislative and Regulatory Roundup

With the first quarter of the year turning the corner, we wanted to provide a quick overview of some key developments in the legislative and regulatory world affecting small business government contractors: Proposed Law for SDVOSB and VOSB Verification On October 1, 2018, the 2017 National Defense Authorization Act consolidated the VA and SBA eligibility … Continued

10th Circuit issues important precedent on False Claims Act’s knowledge requirement; now defendant is challenging the constitutionality of the qui tam provision.

The False Claims Act (“FCA”), 31 U.S.C. §§ 3729 to 3733, imposes civil liability on any person who knowingly presents a false or fraudulent claim for payment to the government.  A civil case under the False Claims Act can be brought either by the Department of Justice (“DOJ”) or, under the FCA’s qui tam provision, … Continued

New rule clarifies strict interpretation of prohibition on charging workers recruitment fees (FAR 52.222-50).

Although FAR 52.222-50 (Combating Trafficking in Persons) has for years barred federal contractors and their subcontractors from charging employees or potential employees “recruitment fees”, the outer limits of what might constitute a “recruitment fee” has been the subject of much debate within industry. That debate is now over in light of a recent rule interpretation … Continued

H.R. 190 seeks to expand contracting opportunities for small businesses, reinforce certification requirements

A new bill, H.R. 190, proposes to amend the Small Business Act to increase the ability of the government to make sole-source awards to certain small business concerns. On January 3, 2019, the new bill, called “Expanding Contracting Opportunities for Small Businesses Act of 2019” was introduced in the U.S. House of Representatives and referred … Continued

Proposed changes to FRCP 30(b)(6) (deposition of a corporate representative) and how they may affect you.

Rule 30(b)(6) of the Federal Rules of Civil Procedure has long been both a blessing and a curse for litigators. It allows for a deponent corporation, partnership, association, or government entity to identify an individual or a number of individuals to testify on the entity’s behalf. That individual, when testifying, is speaking for the entity … Continued

Documentation of agency decision can be a critical issue in bid protests

When evaluating offerors for a federal contract, agencies are required to document their evaluation decisions and judgments in sufficient detail. This is an often overlooked requirement that can be the deciding factor in a successful bid protest. A recent GAO decision reiterated this point. In Soft Tech Consulting, Inc., B-416934 (Comp. Gen. Feb. 1, 2019), … Continued