Blackford Forum

Category Archives: Compliance and False Claims

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Using the Lanham Act to Protect Your Business Interests

By Kate H. Kennedy on Posted in Claims, Compliance and False Claims

In the competitive world of government contracting, false and misleading promotional statements can materially impact contract awards.  The Lanham Act is a powerful tool that you can use to protect your business’ interests and prevent the loss of a contract due to a competitor’s false statements.  Though traditionally thought of in the realm of intellectual… Continue Reading

“Unintentional” False Claims Act Liability

By Jonathan DeMella on Posted in Compliance and False Claims

This week, the Department of Justice reported a $702,000 settlement with Engineering Systems Solutions, Inc. for False Claims Act violations.  The report serves as a stark reminder that:  (i) enforcement of the FCA against subcontractors is alive and well and (ii) intent to defraud the Government is not required for liability under the False Claims Act.  … Continue Reading

False Claims Act Recovery Expected to Rise in 2012

By Jonathan DeMella on Posted in Compliance and False Claims

The “Amazing 2012 Prediction” by Taxpayers Against Fraud — the non-profit organization devoted to assisting whistleblowers prosecute False Claims Act cases – is that $9 billion will be “returned to the American people” in FY 2012 thanks to cases filed under the False Claims Act.  TAF believes this is possible, in part, due to several large anticipated settlements… Continue Reading

SBA Implements the Small Business Jobs Act of 2010

By Jonathan DeMella on Posted in Compliance and False Claims, Contractor Reporting, Small Business Contracting

The SBA certainly appears to have been busy these last few weeks.  You may recall that the Small Business Jobs Act of 2010 directed the SBA to issue a variety of new rules on such topics as subcontracting integrity, payment to subcontractors, and small business size and status integrity.  The SBA was required to amend… Continue Reading

Hiring the Incumbent Workforce Does Not Signal Affiliation

By Jonathan DeMella on Posted in Compliance and False Claims, Protests, Small Business Contracting

Last month, the Department of Labor issued a final rule implementing President Obama’s Executive Order 13,495, which established the general policy of our federal Government to require successor contractors and subcontractors to offer employees employed under the predecessor contract the right of first refusal of employment under the successor contract for positions for which they… Continue Reading

FAR and DFARS Clause Flowdown

By Jonathan DeMella on Posted in Compliance and False Claims

When preparing a standard form subcontract, Government contractors (both prime and sub) must consider how to handle the hundreds of clauses in the FAR and companion agency acquisition regulations that contain flow down provisions. Some clauses may be incorporated by reference. Some must be flowed down in full text. Some allow the contractor the flexibility… Continue Reading