Theodore Watson Author | Watson & Assocs. Blog

Will the DOJ Clobber Your Company Next with $1.75 Million for Falsely Certifying Your Small Business Status After a Merger or Acquisition of a Government Contracting Business?

Avoid This Costly Mistake and Get Government Contracting Lawyers to Help Avoid this $1.75Million Error. Theodore P. Watson, Esq. The United States Government Handed Down a Hefty $1.75 million to settle civil fraud allegations that it and its subsidiaries improperly obtained government contracts that were set-aside for small businesses. The… Read more »

CVE Certification Denied? Not in Control of Your Business? Beware of SDVSOB Procurement Fraud

Not Meeting SDVOSB Requirements Can Cause You to Lose Government Contracts and Become Subject to SDVOSB Fraud Criminal Penalties. Sometimes Even the Simplest of Mistakes Can Still Trigger Indictment by the DOJ of OIG. One of the common issues in getting small business SDVOSB certification is proving that you are in… Read more »

Does FAR Force Majeure Clauses Apply to Federal Government Contracts

The COVID-19 pandemic is still costing the country substantial amounts of money without and certainty of guarantees. The end of this pandemic is not yet in site and federal contractors may now wonder whether this situation falls with the context of force majeure clauses, especially in government construction contracts. With… Read more »

Basics of Small Business Fraud – SDVOSB Fraud in Government Contracts

The focus on SDVOSB fraud in government contracting has significantly increased over the last five years. Service-disabled veteran-owned small businesses find themselves facing criminal conspiracy charges while also submitting false claims in an effort to defraud the government and ultimately obtain SDVOSB set-aside contracts with the VA or other government… Read more »

OMB M-20-18 Guidance and Successful Contract Performance in the Shadow of the COVID-19 Coronavirus Pandemic

By Cheryl E. Adams, Esq.:There is no question that the Coronavirus COVID-19 pandemic impacts government contractors. The need for government contractors to comply with delivery schedules and other contractual requirements while keeping their employees and others as safe as possible under the circumstances poses some new dilemmas. M-20-18 Provides Guidance... Read more »

Avoid the Government’s Defense of Anticipatory Repudiation in Government Contracts

Avoid the Government’s Secret Weapon When You Don’t Adequately Respond to Contract Disputes What is Anticipatory Repudiation? Anticipatory repudiation in government contracting occurs when one party ( usually the contractor) communicates to the other party (the Contracting Officer) “a distinct and unequivocal absolute refusal to perform the promise.” See Dingley… Read more »

Does the SBA Mentor Protégé Approval Stand No Matter What? 13 CFR 124.520

Many solicitations require that the offeror must submit and SBA approved mentor protégé agreement at bid submission. Other federal government solicitations require the mentor protégé agreement to be approved before the award. In the recent case of Size Appeal of North Wind Site Services, LLC, SBA No. SIZ-5988 (2019), which was an… Read more »

SBA Joint Venture Agreements 3 in 2 Rule Changes

Never Guess At the SBA Affiliation Rules, You May be Wrong. SBA joint venture rules can be confusing the say the least. Yet, many companies tend to roll the dice and then late become subject to a small business size protest and lose the profits and revenues from the awarded… Read more »

Important Points For Employers Bona Fide Occupational Qualification BFOQ Defense and Sex Discrimination in the Workplace

Generally, Title VII prohibits employers from discriminating against employees based on sex, however, there is a specific exemption. Title VII allows for employers and business owners to engage in sex discrimination where gender is a bona fide occupational qualification (“BFOQ”). 42 U.S.C. §2000e-2(e). The employer has the burden of establishing… Read more »

CPARS Ratings, Fapiis Past Performance and Contractor Integrity Data

CPARS Ratings, Fapiis Past Performance and Contractor Integrity Data – What Every Federal Government Contractor Needs to Know By Cheryl E. Adams, Esq. The Contractor Performance Assessment Reporting System (CPARS Rating Scale) exists to provide government source selection officials (SSOs) with a variety of types of information that SSOs need… Read more »