Legal Updates
Mandatory Disclosures Lead to False Claim Act Settlement/Fines for Government Contractor-Charging for a Firm Fixed Price and Time and Materials Subcontracts Simultaneously
On Thursday, August 25, 2016, the Department of Justice stated that it had reached a settlement agreement with Fairbanks Morse Engine (FME) resulting from civil fraud allegations that the employees engaged in mischarging labor hours. Read the full report below Mandatory Disclosures and Contractor to Pay Fines
Discussion in the Bidding Process: Competitive Discussions and What May Result in a Protest: General Principles and Rotech Healthcare Examined
According to the spirit of FAR Part 15, competitive discussions are meaningful negotiations conducted as part of the overall competitive acquisition. In some cases, discussions are not conducted correctly and may be the basis for a successful protest. This update will discuss very general rules of competitive (note, noncompetitive has different aspects) negotiations/discussions as well as a...
A Look at GAO Bid Protests in 2015 as the Government’s Fiscal Year End Approaches and The General Boundaries of an Agency’s Corrective Action. Read the full report below.
Read full report here
Regulatory Changes to the SBA’s HUBZone Program
Today, the Federal Register reflected new regulations put into place by the SBA regarding the HUBZone program. The regulations are effective on October 3, 2016, unless significant adverse comment is received, in which case, the effective date will be adjusted for a comment and response period. The Federal Register is not long on this subject, and this update will reflect that fact. Read the...
SBA’s New Mentor Protege Regulations and Significant Other Regulatory Changes
The SBA is amending its regulations to, among other things, do the following: Add mentor protege programs for all Small Business Concerns Change acceptable joint venture structures and affiliation Clarify factors for size determination Change how Native Hawaiian Organizations shall be required to demonstrate economic disadvantage Institute how the SBA will change the primary...
False Claims Act: Increased Fines, Implied Certifications, and the Yates Memorandum Interplay
In not so surprising news, the Department of Justice (DOJ) confirmed yesterday that it will adopt the largest ever proposed increase in fines and penalties for False Claim Act (“FCA”) cases. The first whiff of this development came with the interim rule published in May, as updated by Outlook Law with the highpoints of the adjustment. You can find the full report below. Legal Update on...
The U.S. Supreme Court decides a Circuit Split: Full Analysis of the FCA Liability Implied Certification
The False Claims Act (“FCA”) imposes significant penalties on those that defraud the Government. The focus of the FCA is on those that present or induce others to present false or fraudulent claims to the Government for payment. There has been a split between the circuit courts in regards to how far that liability extends. Specifically, some courts have held contractors liable for...
Christine Williams of Outlook Law, and John Klein, Associate General Counsel of the SBA and the Suspension and Debarment Official presented a basic overview of the regulations governing mergers and acquisitions with respect to size and the 8(a) Program.
Christine and John covered what mistakes they most often encounter when 8(a) firms go through the merger and acquisition process. Full presentation below. Mergers with Klein and Williams
Christine Williams from Outlook Law and John Klein from the SBA presents the new May 31, 2016 SBA regulations at the national 8(a) ASSOCIATION CONVENTION
She presented with John Klein, Associate General Counsel for the SBA as well as the Suspension and Debarment Official, and another attorney, Jon DeVore. The regulations represent some substantial changes on how small businesses calculate mandatory performance levels/limitations on subcontracting, similarly situated entity and performance, and some new affiliation exceptions, just to name a few. ...
DOD Small Business Contracting: Use of Sole-Source 8(a) Contracts over $20 Million Continues to Decline GAO -16-557
GAO-16-557 The GAO released a report on the decline of sole-source contracts to SBA’s Program Section 8(a) firms (8(a)) owned by tribes and Alaska Native Corporations. While the stark decline of the numbers is predictable and continuous because of a midnight amendment in Congress, the language and approach of the GAO is somewhat dismaying because of its total dismissal of the harm done to...