Government Contract Fraud Defenses and False Claims Act

Government contract fraud litigation has escalated over the past few years due to the increased government oversight. A particular target of federal procurement law is the federal False Claims Act. 28 USC 2514. To prevail under section 2514, the government must “establish by clear and convincing evidence that the contractor knew… Read more »

41 U.S.C 601-613 Government Claims & FAR Certification Requirements

 If you have performed work for the federal government and looking into the contract claim certification process, there are some basic things you should know. Failure to take the government claims process and contractor certification requirements seriously can cost you thousands, or even millions in amounts that should be paid…. Read more »

FAR Organizational Conflict of Interest

Hiring of Former Government Officials: If your company hires a former government official, it can be disqualified from a competition based upon the appearance of impropriety which is created by the hire. There is no requirement for an actual impropriety to be shown in an OCI bid protest. If for some reason… Read more »

Lowest Price Technically Acceptable LPTA Contract

Know the Difference Between a Lowest Price Technically Acceptable LPTA Contract vs FAR Best Value Awards When you as a government contractor decide to file a bid protest that challenges the agency’s evaluation of your proposal, there is a striking difference between a government solicitation that will be evaluated on… Read more »

FAR Protest Difference in FAR 15 Discussions and Clarifications

FAR Protest Difference in FAR 15 Discussions and Clarifications

When filing a GAO protest for contracting by negotiation there is a difference between FAR 15 discussions and clarifications. A successful bid protest can hinge upon your thorough understanding of the subtle differences. As its defense, the government will sometimes try to characterize a situation that would legally require meaningful discussions as… Read more »

Anti Kickback Statute Penalties

Anti Kickback Statute Resolving Challenges of Fraud and Penalties Government contractors or health care agencies accused of violating the Anti Kickback Statute or fraud can be in for some huge fines if a court rules against them. Having sound internal practices and a thorough understanding of the applicable laws can greatly… Read more »

Prompt Payment Act Resolving Invoice Problems

The Federal Prompt Payment Act (PPA), 31 USC 3901-3905 , ensures that federal agencies pay vendors for their invoices on time. However, not all government invoices paid on time. This not only creates a hardship; it also impacts the contractor’s ability to perform other contracts and meet other financial obligation. Prompt payment… Read more »