Georgia Tech Procurement Assistance Center

False Claims Act: The risks to small business government contractors

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“False Claims Act: The Risks to Small Business Government Contractors” is the fifth episode of “Ex Rel. Radio,” a multi-part series on the False Claims Act, which includes commentary on potential pitfalls for government contractors who may face enforcement issues in light of emerging trends.

In this episode, Firm Counsel Michelle Litteken joins our host, Jon Williams, to discuss how the False Claims Act relates to small business programs, potential risks these companies face, and strategies for avoiding a potentially costly FCA claim.

Listen to the podcast at:  JD Supra

Don’t rely on a procuring agency to track down past performance questionnaires

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Given how much emphasis federal procurement law properly places on fairness, it can be easy to assume that government buyers must do everything necessary to ensure a fair procurement.  But that’s not always the case.  For example, as the recent Government Accountability Office (GAO) decision in Yulista Tactical Services LLC, B-417317.3; B-417317.5; B-417317.6 (January 15, 2020) reminds us, purchasing agencies need only take reasonable steps to obtain complete past performance information about an offeror.  If its reasonable efforts are not successful, the agency can still proceed with the procurement and make a valid award decision based on the information it has.

Continue reading at:  Government Contracting Matters

Four issues that defined the False Claims Act in 2019

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As I wrote two weeks ago, the Department of Justice (DOJ) recently released its annual fiscal year statistics on False Claims Act (FCA) and fraud matters.  The report shows Fiscal Year 2019 was another big year for the FCA, as the number of new matters initiated and the amount of monetary recoveries obtained both increased over the previous year.  2019 also brought important FCA decisions from federal courts, including the Supreme Court; potential new avenues for FCA liability; and formal announcements from DOJ.  These reveal emerging trends that may have lasting implications for government contractors.

Continue reading at:  Piliero Mazza

 

GSA’s big changes in 2020, part 4: DUNS to UEI

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In addition to Federal Supply Schedule consolidation, GSA is replacing the official identifier federal government contractors use.  Specifically, GSA is transitioning from and will stop using the Dun & Bradstreet (“D&B”) proprietary system for verification and validation of entities registering to do business with the federal government.  Effective December 2020, GSA intends to have transitioned all government systems away from using D&B Data Universal Numbering System numbers (“DUNS”) and instead using new Unique Entity Identifiers (“UEI”).  The UEI is a new, nonproprietary identifier that will be assigned through GSA’s System for Award Management (“SAM”) registration process.

Continue reading at:  Government Contracts Navigator

Proposal Prep: Deliver the exact information requested by the agency

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Responding to agency Requests for Proposals (RFP) is an exercise in playing follow-the-leader.  Contractors should take care to:

  • Read the RFP
  • Understand the information requested by the agency; and
  • Provide that information in a clear and concise manner.

The common thread for RFPs across all procurement types is to deliver the exact information requested by the agency – and in exact format requested.

Continue reading at:  The Federal Government Contracts & Procurement Blog

Don’t wait to challenge or correct your bad CPARS

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Have you ever received a negative CPARS that you felt was unjustified?  Did that negative CPARS cause you to lose other contract awards?  That is what happened to the contractor-protester in Colonna Shipyard, Inc. v. U.S., a recent post-award protest case heard before the Court of Federal Claims.  Unfortunately for the protestor in that case, the Court found that a bid protest was not an appropriate time to challenge the CPARS, and, therefore, partially dismissed the protest.

Continue reading at:  GovCon Examiner

GAO reminds offerors that it’s important to substantiate key personnel’s experience

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Putting your best foot, or best personnel, forward seems like “Winning the Contract Award 101.”  But a refresher course never hurts.

Recently, the Government Accountability Office (GAO) decision in Deloitte Consulting, LLC (Deloitte), B-416882.4 (January 6, 2020), provided a reminder about the content of a quotation where the solicitation requires submission of a crosswalk, resume, and detailed work history for key personnel.

Continue reading at:  Government Contracting Matters

The importance of annual no change affidavits for Disadvantaged Business Enterprises

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Every year on the anniversary date of your Disadvantaged Business Enterprise (DBE) certification, the regulations require that your company file an “affidavit of no change.”  49 C.F.R. § 26.83(j).  This affidavit must be completed by the firm’s owner(s) and requires that you provide a copy of your firm’s most recent federal business tax return.  A copy of Georgia’s “no change” affidavit is available here:  http://www.dot.ga.gov/PartnerSmart/Business/Documents/GUCP%20Annual%20-%20No%20Change%20Affidavit%20-%20UPDATED%201-15-2016.pdf (note:  The original linked article provides a link to the Penn. DOT affidavit.  I have provided a link to the Georgia DOT (GDOT) “No Change” Affidavit because most of our readers are Georgia based companies. – Andrew Smith, GTPAC Program Manager)

The requirement of the filing of the “affidavit of no change” is very strict, and the United States Department of Transportation (USDOT) will not accept any excuses.  You should calendar the due date in multiple places, along with calendaring reminders to provide sufficient notice to complete the affidavit.

Continue reading at:  JD Supra

Disclosure of trust ownership may be required for family-owned government contractors

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Family-owned businesses are often owned and controlled by family trusts.  Trusts are used by families for estate planning, tax planning and asset protection.  Family-owned government contractors with trust ownership structures should be mindful of ownership disclosures required by the Federal Acquisition Regulation (FAR).  Failure to comply with the required disclosures could result in False Claims Act or false statement allegations, loss of Facility Security Clearances, rejections of bids and proposals, and loss of bid protests.

Continue reading at:  Bradley’s BuildSmart Blog

With GSA’s schedule consolidation, what is changing and what is not

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This is the third in a series of posts regarding the General Services Administration’s (“GSA”) consolidation of its federal supply schedules into one schedule contract.  Our prior posts addressed GSA’s consolidation process in general and its use of Category Management in constructing the consolidated schedule.  Here, we answer common industry questions regarding what is and is not changing as a result of schedule consolidation.

Continue reading at:  Government Contracts Navigator

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