In December 2015, the Small Business Administration Office of Hearings and Appeals (SBA OHA) decided a case and ruled that it did not have jurisdiction to hear a size appeal of the SBA’ Area Office Size Determination. The procurement was a VA SDVOSB set aside but the protestor had no… Read more »
Can the Government Deny Your FOIA Request During Litigation? Submitting a FOIA request can sometimes prove fruitful during litigation. However, government contractors, or other litigants, must still be aware that a FOIA request should not be used as the basis to bring a lawsuit. During government contract disputes, a FOIA… Read more »
Defending small business fraud cases involving government contracts can be a contractor’s worst nightmare. Hiring local criminal defense counsel that is experienced in federal procurement law can be equally challenging. Federal prosecutors know this. Hence, the higher percentages of convictions for them. Learn how to increase your chances of prevailing…. 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 »
A common question in federal procurement arises as to what date does your size count for an SBA small business size protest under Code of Federal Regulations Title 13 part 121 (13 CFR part 121 small business definition) SBA regulations stipulate that if you meet SBA size standards at the time you… Read more »
Anti Kickback Statute Resolving Challenges of Fraud and Penalties The Federal Anti-Kickback Statute, cf. 42 USC1320a-7b(b), is a criminal law making it a felony to knowingly and willfully offer, pay, solicit, or receive remuneration, directly or indirectly, in order to induce business that is reimbursable under any federal healthcare program,… Read more »
Striking a balance between conservatively following government contract regulations and allowing your business to run effectively without over-compliance is not an easy road to hoe. Whether your business’ procurement compliance program is non-existent and may result in government authority knocking at the door at any moment or is over-burdensome and… Read more »
Federal Anti Kickback Statutes of 1986 (AKS) (See 42 U.S.C. § 1320a-7b.) is a federal criminal statute that prohibits government contractors or government employees from engaging in the exchange (or offer to exchange), of anything of value, in an effort to induce (or reward) the referral of business reimbursable by… Read more »
What Happens After Indictment of Government Contractors? Getting a Grand Jury Indictment in a Criminal Case Involving Federal Contracts Does Not Automatically Mean that You Are Guilty. The Question Becomes What Are You Options? What Happens After Indictment But Before a Criminal Trial. Below are but a Few Potential Outcomes…. Read more »
As a federal government contractor or employee, your goal should always be to avoid falling under the agency’s debarred definition. The information below is meant to provide basic information and to help contractors or individuals decide what their next steps should be. The ramifications for the company are serious… Read more »