Government Contracts & Investigations

Category: Small Business / Socioeconomic Issues

Small Business Government Contractors Need to Watch Out for Increasing Criminal and False Claims Act Liability in Small Business Government Contracting Programs

By

The U.S. Small Business Administration (SBA) preference programs can be vital for small businesses trying to compete in the potentially lucrative world of U.S. government contracting, but participation in these programs is not without risk.  Indeed, the programs can be fraught with peril and contain many landmines for those who do not understand and diligentlyRead More

Topics: Fraud, False Claims, and False Statements, Small Business / Socioeconomic Issues

One for All and All for One SBA Mentor-Protégé Program

By

At their best, the mentor-protégé programs administered by the Small Business Administration (SBA) are programs whereby large business mentors may partner with small business protégés—providing the small business with resources, knowledge, and an overall enhancement of capabilities. The program also provides that, under certain circumstances, the mentor-protégé team can also jointly venture to compete forRead More

Topics: Small Business / Socioeconomic Issues

A Friendly Reminder…Women-Owned Small Business Self-Certification is Coming to an End Soon

By

The Small Business Administration’s (SBA’s) October 15, 2020 elimination of the self-certification process for Women-Owned Small Businesses (WOSBs) and Economically Disadvantaged WOSBs (EDWOSBs) is rapidly approaching. A WOSB is a small business (based on the applicable NAICS code determination) that is 51% directly and unconditionally owned and controlled by one or more women. An EDWOSBRead More

Topics: Acquisition Reform and Emerging Issues, Small Business / Socioeconomic Issues

DoD Increases the Justification and Approval Threshold for Its Sole Source Contract Awards to 8(a) Contractors to $100 Million

By

Implementing Section 823 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA FY ‘20), on July 5, 2020, the Department of Defense (DoD) amended the DoD Federal Acquisition Regulation Supplement (DFARS) to increase the threshold for requiring sole source justifications of awards to Small Business Administration (SBA) certified 8(a) small disadvantaged businesses.  UnderRead More

Topics: Small Business / Socioeconomic Issues, Statutes and Regulations

Flouting Affiliation Rules When Pursuing Small Business Set-Asides Can Lead to FCA Woes

By

If you were somehow still wondering whether small businesses really need to be concerned about the affiliation rules in the Small Business Administration (SBA) regulations, the answer is a resounding “Yes.” Furthermore, running afoul of those rules can easily lead to liability under the False Claims Act (FCA), as most recently demonstrated by an OklahomaRead More

Topics: Fraud, False Claims, and False Statements, Small Business / Socioeconomic Issues