Published by WestLaw Journal for Government Contracts: In a relatively recent decision, the U. S. Court of Appeals for the Fourth Circuit raised the bar a notch for whistleblowers in False Claim Act ("FCA") cases whose allegations lack specificity as to direct evidence of presentment for payment to the government for fraudulent services.
Published by Set-Aside Alert: In the last several weeks the U.S. Labor Dept. (DOL) issued three proposed rules which, if made final, would (1) change the salary basis test for determining which employees can be exempt from overtime; (2) relax the standard for determining when a joint employer relationship exists; and (3) clarify what compensation must be included. when calculating an employee's regular rate of pay for overtime purposes.
Published by Set-Aside Alert: The Small Business Administration's regulations require a concern to recertify its small business and/or socio-economic size status (1) within 30 days of an approved contract novation; (2) within 30 days of a transaction becoming final in the case of a merger, sale, or acquisition, where contract novation is not required; and (3) no more than 120 days prior to the end of the fifth year of a contract exceeding five years in duration (including options) and no more than 120 days prior to exercising any option thereafter.
Published by WestLaw Journal for Government Contracts: The acquisition market for federal contractors is booming. Acquisition can provide a buyer the opportunity to target its growth strategically by acquiring the seller's past performance and experience, in addition to gaining the seller's personnel and resources. Of course, part of what makes a seller attractive is the contracts found in its portfolio. While the government does not officially condone the "buying and selling" of federal contracts, a contract may be novated after an acquisition if the buyer has acquired all of the seller's assets or has acquired the entire portion of the seller's assets involved in performing the contract.
Published by Set-Aside Alert: The Small Business Administration published its long-awaited proposed rule overhauling the Historically Underutilized Business Zone (HUBZone) Program on Oct. 31.