News & Analysis as of September 18, 2024

Misrepresentation

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The Small Business Administration is a United States federal agency established in 1953 by the Small Business Act. The SBA is dedicated to assisting and supporting small business and entreprenuers. The SBA carries out its mission through a variety of programs including providing financial and federal contract procurement assistance, management assistance, and specialized outreach to women, minorities and armed forces veterans. less -

SBA Enlarges Small Business Pool through New Rule Change

Bass, Berry & Sims PLC on 6/27/2022

On June 6, the U.S. Small Business Administration (SBA) issued a final rule modifying its methodology for calculating the size of small businesses using an employee-based size standard and authorizes businesses participating...more

SBA Loan Fraud Defense—How to Defend Against an Indictment

Oberheiden P.C. on 8/28/2020

Tips on Preparing to Defend Against Allegations of SBA Loan Fraud During the COVID-19 Crisis - Federal emergency relief legislation—including the Coronavirus Aid, Recovery, and Economic Security Act (“CARES Act”)—has...more

Alutiiq False Claims Act Settlement Highlights Significant Government Contract Compliance Risks For Tribal, NHO, And ANC 8(a)...

McCarter & English Blog: Government Contracts... on 5/21/2019

Section 8(a) of the Small Business Investment Act of 1958 authorizes the Small Business Administration (“SBA”) to enter into prime contracts with federal agencies and to subcontract the performance of the contract to...more

Small Business Fraud Leads to Large Monetary Liability in Recent Cases

Bass, Berry & Sims PLC on 3/1/2018

Two Washington, D.C. area government contractors have agreed to pay the government for their respective roles in defrauding the U.S. Small Business Administration (SBA) in schemes to fraudulently obtain government contracts...more

Court Enforces “Presumed Loss” Rule Where Contractor Misrepresented 8(a) Status to Win Set-Aside Contracts

Holland & Knight LLP on 7/25/2016

In a Memorandum Opinion issued on June 17, 2016, the U.S. District Court for the District of Columbia applied the so-called "presumed loss" rule to assess the full contract value as the measure of the government’s loss for...more

The FCA Impact Of DOJ’s Increased Focus on Small Business

Morrison & Foerster LLP on 10/29/2015

In 2014, the Small Business Administration reported that almost a quarter of approximately $367 billion of eligible funding for small business contracting, or roughly $91.7 billion, was awarded to small businesses as prime...more

Understanding SBA s Affiliation Rules

PilieroMazza PLLC on 9/22/2014

In this presentation: - Why size matters - How affiliation impacts small business status - Overview of SBA’s affiliation rules and exclusions from affiliation - Tips to avoid/mitigate common...more

New Penalties for Misrepresentations From Small Business Government Contractors

Foley & Lardner LLP on 7/30/2013

Under a final rule effective August 27, 2013, small businesses, including those in the automotive industry, that willfully misrepresent their small business size status for the purpose of soliciting or obtaining a federal...more

Threats and Vulnerabilities - What Every Contractor Should Know About The SBA's New "Presumed Loss" and "Deemed Certification"...

Sheppard Mullin Richter & Hampton LLP on 7/23/2013

Nearly three years ago, on September 27, 2010, the President signed into law the Small Business Jobs Act of 2010 (“Jobs Act”), which directed the Small Business Administration (“SBA”) to implement a variety of small business...more

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