SEC Penalizes Company For Foreign Corrupt Practices Act Violations

Companies that engage with government contracts overseas should be well aware of the harsh penalties associated with the Foreign Corrupt Practices Act violations (FCPA).  Getting your internal staffed trained and executives aware of the steep fines and disruption of the business reputation can save you from unnecessary litigation, civil and criminal… Read more »

Buy American Act Exemptions

When submitting a government bid, companies may incorrectly guess that they do not have to comply with the Buy American Act requirements because their products meet the exception requirements. However, that guess could end up being a costly mistake causing your company to lose the contract in a bid protest…. Read more »

SBA HUBZone Qualification & Requirements 13 CFR 126

HUBZone Definition The HUBZone Program (Historically Underutilized Business Zone) is a United States Small Business Administration (SBA) program that provides some level of government contracting preferences for small company owners that operate their principle place of business in a designated consensus track and also provide jobs to employees who live in… Read more »

Nuances of North American Fair Trade Agreements Act (NAFTA)

What Was the Primary Purposed of  NAFA North American Free Trade Agreement? The North American Free Trade Agreements Act (NAFTA Act) is a very comprehensive trade agreement that sets the rules for trade practices and investments between the United States, Canada, and Mexico. The agreement was executed in 1994. The… Read more »

Buy American Act BAA Compliant Countries & TAA Compliance Rules

Are you selling products to the federal government legally under FAR Part 25 from Buy American Act countries or permitted Trade Agreements Act (TAA) compliant countries? Simply stating that your product comes from one country or another is not the end of the analysis. Understanding the rules of the Buy… Read more »

Challenging Buy American Act Decisions in Bid Protests FAR 52.225-1

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 »

Federal Anti-KickBack Statute Liability

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 »