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DOJ Update to Evaluation of Corporate Compliance Program Guidance is a Must Read for Government Contractors of All Sizes and Shapes

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| June 5, 2020

Companies doing business in the United States are required to act honestly in their business dealings. Companies that have affirmative compliance and reporting requirements may suffer significant penalties if they are determined to violate applicable laws, rules and regulations. The U.S Sentencing Guidelines (USSG) provide for reduced sentencing for companies that have an effective complianceRead More

Topics: Contract Administration, Ethics and Compliance

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

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| June 5, 2020

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

Inaccuracies on SAM May Not Be Enough to Sustain a Protest

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| May 28, 2020

A lie may be a lie, but false representations and certifications on SAM may not necessarily be a proper protest ground. As the recent Government Accountability Office (GAO) decision in Phoenix Environmental Design, Inc. (Phoenix), B-418473, B-418473.2 (May 20, 2020) suggests, “minor” inaccurate statements may fall short of sustaining a protest. Through the underlying solicitation,Read More

Topics: Bid Protests and the Contracting Process

DoD Releases Draft Guidance on Implementation of Section 3610 Relief

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| May 21, 2020

Under the CARES Act, Congress issued Section 3610 which authorized executive branch agencies to provide contractors certain reimbursement where the contractors used paid leave to keep their employees or subcontractors in a ready state and, inter alia, protect the life and safety of government and contractor personnel during the COVID-19 national emergency. On April 17,Read More

Topics: Contract Administration, Statutes and Regulations

PPP Forgiveness Application Certification May Lead to Enforcement Headaches

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| May 21, 2020

I. Introduction The Paycheck Protection Program (PPP) was enacted as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act on March 27, 2020. Unfortunately, the path to providing PPP loan relief has not been smooth. Instead, it has been paved with uncertainty. While the CARES Act laid out specific requirements for PPP eligibility and relief, theRead More

Topics: Fraud, False Claims, and False Statements, Statutes and Regulations