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...
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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,...
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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...
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New rule clarifies strict interpretation of prohibition on charging workers recruitment fees (FAR 52.222-50).
Although FAR 52.222-50 (Combating Trafficking in Persons) has for years barred federal contractors and their subcontractors from charging employees or potential employees “recruitment fees”, the outer limits of what might constitute a “recruitment fee” has been the subject of much debate within industry. That debate is now over in light of a recent rule interpretation that took...
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I’m a small business considering a bid protest. Should I file, and if so, where?
A glance at some relevant data may provide some initial orientation to the landscape. The congressionally mandated FY18 RAND Corporation study on bid protests of DoD procurements found that less than 0.3 % of contracts are actually protested. Of the protests that were filed, more than half of all bid protests were made by...
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H.R. 190 seeks to expand contracting opportunities for small businesses, reinforce certification requirements
A new bill, H.R. 190, proposes to amend the Small Business Act to increase the ability of the government to make sole-source awards to certain small business concerns. On January 3, 2019, the new bill, called “Expanding Contracting Opportunities for Small Businesses Act of 2019” was introduced in the U.S. House of Representatives and...
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