Federal government contract fraud prosecutors are pursuing defense contractor fraud defendants at full speed in the last 5-7 years. The companies involved are alleged to have committed a series of procurement fraud activities. The criminal defendants, which could be the company or the CEO or both, very seldom have any...… [...]
Not Meeting SDVOSB Requirements Can Cause You to Lose Government Contracts One of the common issues in getting small business SDVOSB certification is proving that you are in control of the business. The Federal Circuit Court of Appeals found that the SDV did not control the company because there was...… [...]
What is a Force Majeure Clause in Government Contracts? The COVID-19 pandemic is still costing the country substantial amounts of money without and certainty of guarantees. The end of this pandemic is not yet in site and federal contractors may now wonder whether this situation falls with the context of...… [...]
The focus on SDVOSB fraud has significantly increased over the last five years. Service-Disabled Veteran-Owned small business find themselves facing conspiracy charges while also submitting false claims in an effort to defraud the government and ultimately obtain SDVOSB set-aside contracts with the VA or other government contracting agencies. Management and...… [...]
Government contractors, especially small business, should brace themselves for a bumpy ride when it comes to the future of COVID-19 Coronavirus Pandemic Problem. The Center for Disease Control (CDC) has issued guidance about the pandemic. The information, however, does not resolve the storm of issues lurking for small businesses and...… [...]
By Cheryl E. Adams, Esq.:There is no question that the Coronavirus COVID-19 pandemic impacts government contractors. The need for government contractors to comply with delivery schedules and other contractual requirements while keeping their employees and others as safe as possible under the circumstances poses some new dilemmas. M-20-18 Provides Guidance...… [...]
Avoid the Government’s Secret Weapon When You Don’t Adequately Respond to Contract Disputes What is Anticipatory Repudiation? Anticipatory repudiation in government contracting occurs when one party ( usually the contractor) communicates to the other party (the Contracting Officer) “a distinct and unequivocal absolute refusal to perform the promise.” See Dingley...… [...]
Many solicitations require that the offeror must submit and SBA approved mentor protégé agreement at bid submission. Other federal government solicitations require the mentor protégé agreement to be approved before the award. In the recent case of Size Appeal of North Wind Site Services, LLC, SBA No. SIZ-5988 (2019), which was an...… [...]
Never Guess At the SBA Affiliation Rules, You May be Wrong. SBA joint venture rules can be confusing the say the least. Yet, many companies tend to roll the dice and then late become subject to a small business size protest and lose the profits and revenues from the awarded...… [...]
Generally, Title VII prohibits employers from discriminating against employees based on sex, however, there is a specific exemption. Title VII allows for employers and business owners to engage in sex discrimination where gender is a bona fide occupational qualification (“BFOQ”). 42 U.S.C. §2000e-2(e). The employer has the burden of establishing...… [...]
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