Under the Federal Anti Kickback Act individuals and companies are prohibited from offering, paying, soliciting or receiving kickback payments for items or services covered by federally funded programs. For example, medical physicians cannot compromise their judgment by improper financial incentives. In a recent Anti-kickback Act case on the DOJ Website, Cardiovascular… Read more »
When a government contractor is recommended for debarment, the first part of defending the action is to see whether the company falls within the intended purpose of the statute. The purpose of the Debarment and Suspension System is: To protect the public interest, the Federal Government ensures the integrity of Federal… Read more »
When arguing or negotiating construction defect claims for defective specifications in federal government contract claims, companies must show that such defective specifications are not suitable for producing the required result. These are very fact specific situations that must be first introduced at the Agency level. Contractors often make the costly mistake of introducing new… Read more »
Given the heightened efforts by federal law enforcement agencies to pursue Large DOD contractors and small businesses for violating Buy American Act requirements, companies want to ensure that they avoid criminal and civil liability. When challenging government contract award decisions under Buy American Act FAR 52.225-1, FAR Part 25, DFARS… Read more »
Theodore P Watson, Government Contract Disputes Lawyer. The FAR Disputes Clause in government contracts is incorporated into your contract, FAR 52.233-1, implements the Contract Disputes Act (CDA) FAR certification requirement and prescribes limited government claims CDA certification language when you submit a contract claim against the federal government. When you submit… Read more »
In service-disabled veteran-owned small business SDVOSB fraud cases, and as a result of Public Law 109-461, the VA is authorized to award SDVOSB sole source contracts and/or set aside contracts for Service-Disabled Veteran-Owned Small Businesses (SDVOSB). From 01/01/2008 to 09/30/2014, the VA OIG Office of Investigations indicted 44 individuals/companies; arrested 40… Read more »
Theodore P. Watson, Esq. Knowing CPAR Ratings and rules to challenge them can save thousands of dollars in attorney fees. The process for challenging your CPARS ratings must be correctly done and through the right channels. You cannot wait until you submit a government bid to then respond to adverse… Read more »
Defending Against the Mail and Wire Fraud Against the Federal Government Can be Tricky Business. Learn About the Risks If You are Subject to an Investigation. When it comes to mail fraud in a federal procurement contract, criminal actions and wire fraud against the federal government, criminal prosecution of contractors,… Read more »
Under the Federal Anti-Kickback Act, criminal action can occur if there is a specific intent to induce referrals or orders for services. In government contracting and other federal activities, Anti-KickBack Statute Liability can be up to five years in prison, with the potential for additional criminal fines up to $25,000,… Read more »
Oftentimes bidders find that their cost realism evaluation in government contracting may be flawed and they may want to file a bid protest. A common problem in the evaluation process is when the agency fails to properly evaluate whether the number of hours proposed by each contractor is realistic from a cost standpoint. … Read more »