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September 12, 2013 By AMK

Recent criminal antitrust risks for government contractors

The business of government contracting is a high-risk, high-reward activity. Many contractors, large and small, relish the opportunity to profit while also directly providing critically needed products and services to the government.

That opportunity, however, comes with a risk many would-be government contractors may be unaware of: the increasing presence and aggressiveness of the U.S. Department of Justice (DOJ) in prosecuting bid-rigging, collusion, and price-fixing cases in this area. These criminal cases often result in jail time for the executives of these companies.

This article will focus on the Sherman Act (15 U.S.C. §1), specifically the criminal antitrust considerations that government contractors face. The Sherman Act prohibits competitors from agreeing to fix prices or rig bids. A violation of the Sherman Act is a felony and may be punishable by a fine of up to $100 million and/or ten years in jail.

The implications of the Sherman Act are critical for government contractors to understand because of the unique aspects of their business. Also, these characteristics of the business of contracting with the government make the antitrust analysis more complex. This article will focus on recent cases in this area and the ramifications for contractors. The article will conclude with some practical tips for antitrust and government contract counsel.

Keep reading this article at: http://www.lexology.com/library/detail.aspx?g=01a9b2bf-aeef-4e77-bde1-d044db69d68c

Filed Under: Government Contracting News Tagged With: anti-trust, bid rigging, bribery, competition, conspiracy, DoD, DOJ, fair and open competition, FAR, partnerships, risk, Sherman Act, subcontracting, teaming

January 7, 2013 By AMK

Legislation signed to deliver more government contracts to small businesses

Washington’s elected officials are taking new steps to direct more government work to small businesses, just as contractors are bracing for the threat of sequestration.

President Obama on Tuesday signed as part of the military spending budget a series of provisions to help small firms compete for more federal contracts and ensure that agencies take their annual small business contracting goals more seriously. Most notably, the law requires that small business contracting performance be part of employee reviews for senior agency officials, which factor into their consideration for bonuses and promotions.

The change comes after the federal government missed its stated small business contracting goal (23 percent of total procurement across all agencies) for the eleventh straight year in 2012. Though lawmakers stopped short of imposing penalties like reducing budgets or senior level compensation for agencies that fall short of the annual goals, as had been previously proposed in both chambers, this is the first time they have provided formal incentives to encourage agencies to deliver on their annual pledge to small businesses.

Keep reading this article at: http://www.washingtonpost.com/business/on-small-business/obama-signs-law-intended-to-deliver-more-government-contracts-to-small-businesses/2013/01/04/eb452e10-55f7-11e2-bf3e-76c0a789346f_print.html.

Filed Under: Government Contracting News Tagged With: acquisition workforce, budget, budget cuts, DoD, fiscal cliff, GSA, SADBU, sequestration, small business, small business goals, subcontracting goals, teaming

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