Can small business program misrepresentations subject a contractor to False Claims Act liability?
Two federal courts, in relatively recent decisions, have reached opposite conclusions on the question of whether a contractor’s misrepresentation regarding its status under the Small Business Administration’s (“SBA”) various special status small business government contracting programs can be subject the contractor to False Claims Act liability—one offering a clear yes and the other offering...Read More
BREAKING NEWS — Court of Federal Claims orders the re-evaluation of the Alliant 2 Small Business GWAC following bid protest
It’s rare that the often staid government contracts world sees an event that is truly “Breaking News!” worthy but a decision by the Court of Federal Claims this week just may qualify. The decision is noteworthy not so much for the legal issues at stake, which are rather run-of-the-mill, as for the practical consequence:...Read More
Update on recent False Claims Act settlements by DOJ
In fiscal year (FY) 2018, the DOJ obtained more than $2.8 billion in settlements and judgments from civil cases involving fraud and false claims against the government. Of the $2.8 billion recovered by the DOJ, $2.5 billion involved the health care industry. According to the DOJ, this is the ninth consecutive year that the...Read More
10th Circuit issues important precedent on False Claims Act’s knowledge requirement; now defendant is challenging the constitutionality of the qui tam provision.
The False Claims Act (“FCA”), 31 U.S.C. §§ 3729 to 3733, imposes civil liability on any person who knowingly presents a false or fraudulent claim for payment to the government. A civil case under the False Claims Act can be brought either by the Department of Justice (“DOJ”) or, under the FCA’s qui tam provision,...Read More
1Q2019 Legislative and Regulatory Roundup
With the first quarter of the year turning the corner, we wanted to provide a quick overview of some key developments in the legislative and regulatory world affecting small business government contractors: Proposed Law for SDVOSB and VOSB Verification On October 1, 2018, the 2017 National Defense Authorization Act consolidated the VA and SBA...Read More