Published by Set-Aside Alert Newsletter: During the past few years, the number of False Claims Act (FCA) civil cases has grown exponentially. While most of this growth has come from an increase in the number of actions involving fraud in the health care industry, plaintiffs also have found the U.S. Small Business Administration's set-aside programs to be fertile ground for FCA claims. As a result, the government has focused its resources on investigating fraud in these programs.
Published by Set-Aside Alert Newsletter: In Section 809 of the National Defense Authorization Act for FY 2016, Congress created a panel, known as the Section 809 Panel, to review and to provide recommendations on how to streamline and improve the Department of Defense's (DOD) acquisition process. The Section 809 Panel issued the first volume of its report in January 2018. The second volume, slated for release in June 2018, may include sweeping recommendations for a drastic overhaul of the bid protest process for DOD procurements. While a successful offeror on any given procurement may stand to benefit from these significant changes, overall, this potential overhaul does not bode well for contractors and would undermine the integrity of the procurement process.
Published by Set-Aside Alert Newsletter: The Office of Federal Contract Compliance Programs ("OFCCP") is a federal agency charged with ensuring that approximately 200,000 federal contractors refrain from discrimination and take affirmative action to provide equal employment opportunities for certain protected classes of workers.
Published by Set-Aside Alert Newsletter: Size and status representations for task orders issued under MultipleAward Contracts (MAC) and schedules have become a controversial and complex issue.
Published by Set-Aside Newsletter: The new year brought a ruling from the Small Business Administration's Office of Hearings and Appeals (OHA) clarifying the effect of SBA's recertification rules. These rules require recertification of size or socio-economic status within 30 days of an approved contract novation, merger, sale, or acquisition, and every five years for any long-term contract exceeding five years.