I recently had the opportunity to present an online CLE for LawLine on Risk Management in Government Contracting. This is my second time presenting a course for LawLine (I previously taught a course on Small Business Compliance).

Risk Management is a broad topic that can mean different things to different people. In this

Earlier this month, we had the pleasure of opening the 2017 Associated General Contractors of America Federal Contractor Conference in Washington, DC with a presentation focused on the emerging issue of Cybersecurity in Federal contracting.  Data breaches are big news in the private sector, but the issue has remained somewhat under the radar for

The U.S. Department of Justice is maintaining its momentum in the prosecution of alleged government contracting fraud.  DOJ had its third largest year ever in terms of civil False Claims Act recoveries in Fiscal Year 2016, clawing back $4.7 billion from government contractors accused of misconduct.  And the latest trends for 2017 show that individual

As I’ve covered extensively on this blog, the U.S. government is conducting a wide-spread and on-going crackdown on contracting fraud.  Under the Civil False Claims Act alone, the government clawed back $3.5 billion in 2015.  And 2016 is poised to be another banner year.

One of the hot topics in fraud prevention of

For small business government contractors, the question of affiliation should always be at the top of the list of priorities.  A finding of affiliation between your business and another business (and, in particular, a large business) could be enough to lose your small business size status – and the ability to compete for those coveted

Just last week, we looked at the importance for small business contractors to check their SAM.gov profiles to make sure they are properly certified as small.  Incorrect information can lead to a variety of problems, not the least of which is potentially losing out on a small business set-aside contracting opportunity.

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This point was refined

Novations are the government contracting equivalent of M&A in the private sector – the process through which a government contract can be transferred from one business to another (without violating the Anti-Assignment Act).

There are many reasons that a novation might be necessary.  A business holding a government contract could be acquired by another

The hallmark of the government’s Service-Disabled Veteran-Owned Small Business programs is ownership and control of the business by a qualifying service-disabled veteran of the U.S. military.  So what happens when you intentionally violate that rule to take advantage of program benefits?  The answer won’t surprise you – and it should serve as a reminder of

Federal contractors have two additional markets to consider when providing commercial items, products and services to the government; now that New Zealand and Montenegro are included within the countries whose eligible supplies or products are exempt from the Buy American Act (“BAA”). On October 30, 2015, the Department of Defense issued final rule 48 CFR

We are currently in the midst of an unprecedented uptick in the prosecution of (alleged) government contractor fraud under vehicles such as the False Claims Act and agency suspension and debarment programs.  Generally speaking, the government uses these methods to claw back Federal contracting dollars from contractors suspected of engaging in unethical practices and