By Theodore P. Watson, Esq. and Cheryl E. Adams, Esq. The U.S. Small Business Administration (SBA) Non Manufacturer Rule and FAR guidelines have become the topic of litigation for small businesses in the SBA 8a Program. Under the rule, 13 CFR 121.406, your small business may qualify as an eligible… Read more »
When it comes to lawsuits against employers for discrimination in Colorado, not every allegation of employment discrimination by an employee is valid. However, Colorado employers sometimes are not clear as to what actions are allowable, how to prevent workplace discrimination from occurring, or how to defend against EEOC discrimination charges. 68%… Read more »
Contract Disputes Act (CDA), 41 USC 7101–7109 and certification requirements for government contract claims certification are a must when submitting contract claims against the government. All claims over $100K must have the proper certification. Failure to meet this requirement can cause legal headaches later in the process. For example, the Armed… Read more »
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 »
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 »
SBA OIG and Other Investigations Agencies Have Stepped Up Procurement Fraud Cases for 8a Government Contracts The Eastern District Court bought the gravel down on two federal contractor executives for SBA 8a small business fraud and abused the Small Business Administration’s (SBA) 8a contracting program to obtain more than $31 million… Read more »
Although government contracting can be a lucrative business venture, contract dispute claims resolution with the government can sometimes be daunting and stressful. Oftentimes, businesses believe that they are doing ‘the right thing’ when the Contracting Office Representative orders them to perform extra work. Businesses may also believe that agencies will… Read more »
Analyzing what is a voidable contract is sometimes confusing even sophisticated parties. For example, many recent construction cases involved instances where the contract between the contractor and the government was held by the ASBCA to be a voidable contract given various mistakes made by the contractor. It is important for… Read more »
A recent SBA procurement fraud schemes and corruption case resulted in four retired and one active-duty Army National Guard official pleading guilty to their role in procurement fraud crimes under the SBA 8(a) Program. The result and consequences of procurement fraud and corruption ended in the award of millions of dollars… Read more »
Government procurement fraud can arise in a variety of situations. A common example occurs during the bidding phase when offerors submit untruthful information in efforts to secure a government contract, or in other situations, to get admitted into a program administered by the Small Business Administration. In the case of… Read more »