attorney who understands federal procurement

by Madeline Spencer PhD 3 min read

What are the five major categories of government procurement?

Fixed-Price Contracts. The pricing of this group of government contracts will not change. ... Time & Materials Contracts. This one is quite straightforward. ... Cost-Reimbursement Contracts. ... Incentive Contracts. ... Indefinite Delivery & Quantity Contracts.Oct 26, 2021

What is the federal procurement Act?

OFPP was established by Congress in 1974 to provide overall direction for government-wide procurement policies, regulations and procedures and to promote economy, efficiency, and effectiveness in acquisition processes.

What does government procurement do?

Government procurement is the process by which the government acquires the goods and services it needs by purchasing from commercial businesses. Since agencies of the government use taxpayer money, there are a number of regulations on how to use it properly and responsibly.Feb 12, 2021

Can federal employees bid on government contracts?

The Federal Acquisition Regulation (FAR) prohibits an agency from knowingly awarding a contract to a federal employee or a firm owned or controlled by a federal employee (except in circumstances not applicable here).

Who oversees government procurement?

The Federal Acquisition Regulatory Council was established to assist in the direction and coordination of Government-wide procurement policy and Government-wide procurement regulatory activities in the Federal Government, in accordance with Title 41, Chapter 7 , Section 421 of the Office of Federal Procurement Policy ( ...

Who controls government contracts?

The formation and administration of US government contracts is governed by the Federal Acquisition Regulation (FAR) and over 20 agency FAR supplements, including the Department of Defense FAR Supplement (DFARS), the Department of Energy Acquisition Regulation (DEAR) and the General Service Administration Acquisition ...

How government procurement measures can affect trade?

The evidence suggests liberalisation of investment barriers undertaken in parallel with trade agreements increases the ability of those agreements to reduce discrimination. This suggests that countries negotiating procurement agreements could also benefit from negotiating investment agreements in parallel.Apr 12, 2017

What are the 7 core principles of public procurement?

The most important of these general principles of law for you to be aware of in the procurement context are: equality of treatment. transparency. mutual recognition....Public procurement is subject to the EU Treaty principles of:non-discrimination.free movement of goods.freedom to provide services.freedom of establishment.

What are the seven basic steps in the procurement process?

The 7 Key Steps of a Procurement ProcessStep 1 – Identify Goods or Services Needed. ... Step 2 – Consider a List of Suppliers. ... Step 3 – Negotiate Contract Terms with Selected Supplier. ... Step 4 – Finalise the Purchase Order. ... Step 5 – Receive Invoice and Process Payment. ... Step 6 – Delivery and Audit of the Order.More items...•Sep 17, 2019

Can a federal employee work as a consultant?

First, you will not be able to sell products or services to the government. You cannot be both employee and government contractor, as all agencies forbid that conflict of interest. While you can be a consultant, you cannot use your official duties in that capacity.May 3, 2017

Can federal employees give gifts to contractors?

General rule: A gift of cash may never be given or received between Federal employees or contractors. Furthermore, a Federal employee may not accept a gift (meaning anything of value) offered because of the Federal employee's official position.Nov 19, 2020

Can a federal employee be a contractor at the same time?

It is not a very good idea at all. A federal employee can come back as a working contractor and the conditions are given to them on their federal employee retirement or quitting. Not properly retiring or officially quitting can lead to a long line of civil litigation and a prison sentence.

Affordable Federal Criminal Defense and Government Contractor Defense Attorney Services

Defendants find themselves facing criminal liability and jail time mainly because the underlying laws used by federal prosecutors are emersed with tricky and complex procurement regulations.

SBA Small Business Fraud, HUBzone Fraud, and SDVOSB Program Fraud

The Department of Justice and the FBI are targeting more and more small businesses, and large businesses associated with small government contractors, for committing fraud against the federal government.

Federal Government Contractor Defense Lawyers Defending Clients in All States

WE BUILD A TEAM OF GOVERNMENT CONTRACT ATTORNEYS AND EXPERIENCED COMMERCIAL CRIMINAL LAW ATTORNEYS TO STAND UP TO THE GOVERNMENT ATTORNEYS

Call Our Federal Criminal Defense Lawyers & Government Contractor Defense Attorneys. Today

FREE INITIAL CONSULTATION – GET IMMEDIATE HELP NOW FROM FEDERAL DEFENSE LAWYERS THAT HANDLE FEDERAL CASES

What happens when a company is subject to a procurement fraud investigation?

When your company is subject to a procurement fraud investigation, there are nuances and confusing regulations that even the federal prosecution do not fully understand. In other situations contractors are involved in conflict of interest situations where the investigation tends to lead the result to some sort of procurement fraud or conspiracy to defraud the government. At Watson & Associates, we help small businesses and their criminal defense attorneys to better understand the ground rules.

What is purchasing fraud?

Purchasing fraud often includes facts where the scheme is furthered by submitting a claim, false statement or invoice to the government with the expectation of getting paid, acquiring a contract or some other benefit from the government.

What are the cases of federal contract fraud?

Cases involving federal contract fraud include small businesses, large businesses, or both. When detecting contract fraud, federal prosecutors are not always up to speed on the substantive legal requirements of the SBA small business programs, the FAR and various procurement laws.

Progress Payment Fraud

As government contract lawyers, we represent small businesses and large federal contractors accused or investigated for progress payment fraud.

SDVOSB Fraud

When the Veteran’s Administration (VA) initiates government contract fraud cases against small businesses, our procurement lawyers help to mitigate adverse impacts and help companies to aggressively defend against false charges for defective pricing, False Claims Act violations, pass-through contracts, limitations on subcontracting violations and more allegations of SDVOSB fraud..

Government Investigations Lawyers

Usually, when the contracting officer suspects fraud under the contract, he or she must refer the matter to the respective federal agency. This could be the Inspector General (IG) Office or some other federal agency.

Formation of Aggressive Defense Team of Lawyers

In order to aggressively defend against government contract fraud charges or allegations, companies invest in criminal defense lawyers and local counsel.

Contact Our Government Contractor Defense Lawyers

For immediate legal help and to gain effective legal counsel, call our government contract fraud defense lawyers for a FREE and Confidential Initial Consultation. Call 1-866-601-5518.

Government Contract Procurement Fraud Lawyer Legal Services

Watson & Associates government contracts criminal defense lawyers and contractor fraud attorneys provide and work with former federal prosecutors and lawyers across the U.S. by using our 30 plus years of federal government contracting experience. The law firm also litigates procurement-related case at the appellate court levels.

What is Wire Fraud?

The crime of wire fraud occurs when someone voluntarily and intentionally uses interstate communications, including fax, telephone or another instrument as part of a scheme to defraud the federal government (such as a telephone). The Federal Prosecutor must prove all elements of the crime to a very high standard in order to seek penalties.

Contact a Government Contract and Federal Wire Fraud Defense Attorney

For help with litigation and appeals in government contract and federal procurement fraud contract cases, OIG investigations, minimizing your liability for federal wire fraud penalties and federal mail fraud felony statutes, find procurement fraud lawyers at Watson to schedule a free initial consultation, call our mail and federal wire fraud defense attorne y at 1-866-601-5518 or contact us online.

What is procurement fraud?

In federal procurement, most procurement and purchasing fraud schemes involve some level of conspiracy or collusion. This is the approach that the government typically takes. In addition to wire fraud, many small businesses or large DOD contractors often find themselves under indictment for criminal conspiracy and some level of collusion with federal officials leading to kickbacks and other charges.

Why are small business contractors more vulnerable to procurement fraud?

Small business government contractors are more exposed to consequences of procurement fraud simply because they do not have experienced legal staff on board that understands the brutal rules that can criminally implicate the corporation.

How to avoid criminal liability?

The best way to avoid criminal liability is to develop and comply with company internal policies and controls. Many companies, especially small businesses, do not have sufficient protections and fraud prevention measures in place.

Why are small businesses at a disadvantage?

In addition, small businesses are also at a disadvantage because they do not have the basic internal policies and controls implemented. Avoiding criminal liability can start with having the basic tools implemented and training internal staff. When the feds come knocking on the door it is usually too late.

What is a SDVOSB?

Another category where the federal government is seeking out small businesses for having procurement fraud schemes is the service-disabled veteran owned small business program (SDVOSB). Whether you are self-certified or certified through the Veteran Administration. Small contractors are usually charged with pass-through procurement schemes, violation of the limitations on subcontracting rules, or some other form of conspiracy or false representation to the government.

Why are 8 A companies charged with conspiracy?

Oftentimes, former 8 (a) companies are charged with conspiracy to defraud the government because after graduation they help other 8 (a) companies to develop business strategies to get federal government contracts.

What is a HUBZONE SBA?

The SBA HUBZone program provides federal contracting assistance to qualified small businesses located in historically underutilized business zones. To qualify as a HUBZone small business, you must show that at least 35 percent of your company’s employees must reside in a HUBZone. Companies involved in HUBZone fraud cases may find themselves charged with falsifying information to the SBA or a specific federal agency.

Our Methodology

Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

Practice Area Definition

Federal, state, and local governmental entities are large consumers of goods and services provided by private companies and individuals. In fact, the U.S. Government is the largest consumer of products and services in the world.

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