Gaining a Competitive Advantage through Cybersecurity Readiness

October 19, 2018
By Jonathan Williams
Published by Set-Aside Alert: Cybersecurity is an inescapable and growing-facet of life for government contractors. On the most recent anniversary of the 9/11 tragedy, a Homeland Security Dept. official noted that cyber threats have now replaced physical threats as the primary focus for the department protecting our Nation.

Current Trends in Federal Procurement for Set-Aside Alert

October 5, 2018
By Peter B. Ford and Michelle E. Litteken
Published by Set-Aside Alert: For government contractors, staying ahead of the curve is critical for success. Knowing about a new law, policy, or program can provide you with a competitive advantage.

The 2019 NDAA's Impact on Small Business Programs

September 21, 2018
By Samuel S. Finnerty
Published by Set-Aside Alert: On Aug. 13, the John S. McCain National Defense Authorization Act ("NDM") for Fiscal Year 2019 was signed into law by President Trump. As with prior NDAAs, the 2019 NDM includes a number of provisions that affect procurement policy, management, and related matters. Below, we summarize some of the more notable provisions that will impact small business procurement

False Claims Act cases involving set-aside contracts held to more stringent requirements following Escobar

July 30, 2018
Published by WestLaw Journal for Government Contracts: 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.

SBA Continues to Focus on Fraud in Set-Aside Programs

July 20, 2018
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.
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