Government Contracts

False Claims Act Cases Involving Set-Aside Contracts Held to More Stringent Requirements Following Escobar

June 22, 2018
By Ambika J. Biggs
Two years have passed since the U.S. Supreme Court issued Universal Health Services, Inc. v. United States ex rel. Escobar, a key False Claims Act ("FCA") case that resolved a circuit court split regarding the scope and validity of the implied false certification theory and established that the materiality standard for FCA cases is "demanding." Since that time, lower courts have been implementing those standards to varying effects. The trend has been favorable for companies facing FCA cases that allege false certifications related to qualifications to participate in socio-economic contracting programs.
[READ MORE]

Don't Get Disqualified Because of Organizational Conflicts of Interest

A recent decision from the Government Accountability Office ("GAO") reiterates two important principles concerning organizational conflicts of interest ("OCIs"). First, proactive measures may allow a contractor to effectively mitigate and avoid an OCI. Second, appearances, innuendo, and suspicion are insufficient to establish that a contractor has an OCI. Hard facts are required.
[READ MORE]

Pursuing a CTA Team Solution? Make Sure You're on an Eligible Team!

June 14, 2018
By Kathryn V. Flood
Contractor Team Arrangements (CTA) formed to pursue GSA Schedule task order opportunities are unique animals in the government contracting universe. A mashup of elements taken from joint ventures and more traditional prime-sub relationships, CTAs allow two or more Schedule contract holders to combine their respective Schedule contract offerings in response to an ordering agency's solicitation. GSA guidance is clear that for Schedule obligations—such as reporting sales and paying the Industrial Funding Fee (IFF)—each CTA Team Member is considered to be a "co-prime" for the awarded task order. Therefore, each CTA Team Member is responsible for reporting the sales charged to its various labor categories or product offerings and is also responsible for remitting to GSA the IFF for these sales.
[READ MORE]

SAM Registration Update: Notarized Letter Requirement Change and New Deadline Looming

June 13, 2018
By Antonio R. Franco
As most government contractors may know by now, in order to proactively fight against alleged fraudulent activity in the System for Award Management (SAM), the General Services Administration (GSA) issued a rule that required all entities to "provide an original, signed notarized letter stating that you are the authorized Entity Administrator before your registration will be activated." On June 11, 2018, GSA issued an update to the notarized letter requirement in two parts.
[READ MORE]

SBA Eliminates "Direct" Ownership Rules for HUBZone Program

June 5, 2018
By Jonathan B. Bush
On March 26, 2018, the U.S. Small Business Administration (SBA) issued a direct final rule that changed the wording of 13 C.F.R. § 126.200(b)(1) to allow indirect ownership by U.S. citizens of companies in the HUBZone program. The stated purpose of the rule change is to align more accurately the rule with the underlying statutory authority. Prior to this change the HUBZone rules required that a HUBZone company be "unconditionally and directly owned" by U.S. citizens. The rule took effect on May 25, 2018.
[READ MORE]
Please fill following information to download presentation