US Foreign Corrupt Practices Act FCPA penalties and violations can be premised upon your efforts in due diligence or otherwise seek to determine whether there was a legitimate business purpose for the use of a “middleman” or consultant. Under the FCPA anti bribery provisions, this is especially true when conducting… Read more »
A Unilateral contract is vastly different from a bilateral contract. The elements of a contract are previously discussed in our Contracts article. There are two main types of contracts: bilateral and unilateral. A Promise for Performance. By comparing the difference between Bilateral and Unilateral Agreements, a bilateral contract constitutes a… Read more »
Understanding the 8a Application Denial and Appeals Process is Critical Before Acting After you submit your 8 a application, there is a 60% chance that you will experience problems with denials and appeals. One of the biggest problems in the application process is that applicants fail to show that the are… Read more »
(Failure to Understand the Basics Can Cost You Hundreds of Thousands in Litigation or Criminal Liability? What are the Federal Acquisitions Regulations ( FAR)? The Federal Acquisitions Regulations ( FAR) are codified in Title 48 of the United States Code of Federal Regulations. It is issued pursuant to the Office of Federal… Read more »
Subcontractor Totality of the Circumstances Affiliation Test In Small Business Size Appeal Litigation at SBA Office of Hearings and Appeals Can be Very Tricky The SBA Office of Hearings and Appeals (SBAOHA) applies the totality of the circumstances test in small business size determination appeals and subcontractor size protests cases… Read more »
More and More federal government contractors are facing either suspension and debarment actions for ethics violations in government contracting or criminal liability for what can be arguable a failure to conduct self-policing or create the proper internal control procedures, contractor ethics and compliance audits. The objectives of internal control are… Read more »
Theodore P. Watson, Esq. When it comes to the famous limitations on subcontracting rules under FAR 52.219 and 13 CFR 125.6, small businesses find themselves making disastrous mistakes when they use a teaming partner or named subcontractor when bidding on federal government contracts. Many companies lose federal contracts due to… Read more »
The Trade Agreements Act (TAA) applies to GSA Schedule Contracts, requiring that all products listed on the contract be manufactured or “substantially transformed” in either the United States or a TAA-compliant “designated country”. The designated TAA compliant countries encompass: 1. Countries under the World Trade Organization Government Procurement Agreement. 2…. Read more »
Theodore P. Watson, Esq. The Trade Agreements Act TAA plays a significant role in regulating international trade. However, there are exceptions to the TAA that businesses need to understand and navigate. Understanding the Trade Agreements Act TAA Before delving into exceptions, it is crucial to grasp the fundamental aspects of… Read more »
Act quickly if you are under investigation or worried about violating Buy American Act compliance requirements. Theodore P Watson, Esq – Practice Leader This section is only written to provide information to small businesses and larger federal government contractors regarding common issues and questions raised about the Buy American Act and… Read more »