Category: Government Contracts

Intervening in False Claims Act Cases

The Effect Of The Government’s Decision To Intervene in False Claims Act Cases The False Claims Act (FCA) allows the government to recover from those who knowingly present fraudulent claims to the United States for payment or who make a record or statement that is material to a fraudulent claim. Known as qui tam cases, FCA suits [..]

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Teaming in Government Contracts

Teaming Arrangements The focus of this article centers on contractor teaming arrangements. While a variety of contractual relationships exists in government contracting that are not prime contracts, teaming is one of the most common. What Is Teaming Federal Acquisition Regulation 9.6 defines teaming as an arrangement in which (1) two or more companies form a partnership [..]

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Regulatory Updates – Buy American & Possible Shutdown

Buy American / Hire American Executive Order On April 18, 2017 President Trump signed an executive order instructing agencies to examine their assistance awards and procurements to more effectively favor American goods. The E.O. covers both Buy American and Buy America laws that give a preference or exclusivity to purchases of American-made products by the federal [..]

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Trade Agreements Act Compliance

An Overview of the Trade Agreements Act Federal procurements usually have some preference for U.S. made end products. The Buy American Act is the implementing regulation that promotes the acquisition of domestic goods in federal government acquisitions. An exception to the Buy American Act is the Trade Agreements Act (TAA), which treats products from certain [..]

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Suspension in Government Contracting

An Overview of Suspension in Federal Contracting Like debarment, suspension is an administrative measure the government uses to protect itself from doing business with contractors deemed not sufficiently responsible. It renders a company or individual ineligible to receive a contract or assistance award for a period of 12 to 18 months. With spending increasingly on the rise, the government has been [..]

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FCA Penalties Increased Again

Final Rule Issued Increasing FCA Penalties In February, the DOJ issued a final rule adjusting for inflation the monetary penalties for False Claims Act violations. The current FCA penalties are now set at a minimum of $10,957 and a maximum of $21,563 (per claim). The rule is retroactive back to November 2, 2015, meaning the penalties [..]

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Blacklisting Executive Order Invalidated

Fair Pay and Safe Workplaces EO Invalidated On March 27, President Trump finalized the permanent block of the previous administration’s executive order requiring federal contractors to disclose labor law violations when bidding on new or renewed contracts worth $500,000 or more. Dubbed the “blacklisting” order, the Fair Pay and Safe Workplaces executive order and implementing rules had [..]

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Debarment in Government Contracts

An Overview of Debarment In Federal Contracting Agencies can exclude contractors from doing business with the entire government through debarment. Federal Acquisition Regulation 9.4 (FAR) sets forth the policies and procedures governing the debarment of contractors, provides for a listing of debarred contractors, and sets out the consequences of a debarment. With the duration of most debarments [..]

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Record Retention in Government Contracts

Record Retention Requirements Government and contractors are required to adhere to certain standards regarding maintenance of any record related to procurements and assistance awards. The regulations and requirements are different whether you are an agency, a contractor, or the recipient of a grant or cooperative agreement. This article will set out, in general, the governing law for each [..]

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M&A Considerations In Government Contracts

Considerations For When A Government Contractor Is An Acquisition Target Acquisition of any company requires significant and comprehensive due diligence reviews. This process is even more lengthy and burdensome if the target company holds government contracts. Below is an overview of some of the unique considerations in due diligence reviews when the company being acquired is [..]

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