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GAO and SBA Confirm That Runway Act Requires Rulemaking

by Richard D. Lieberman, Consultant | Oct 15, 2019 | Government-Wide Topics

In a recent decision, the Government Accountability Office (“GAO”) confirmed the position of the Small Business Administration (“SBA”) that the Small Business Runway Extension Act of 2018, Pub. L. No. 115-324 (“Act”) requires rulemaking by the SBA before the size...

SUPREME COURT ADOPTS “IMPLIED CERTIFICATION” WITH MATERIALITY REQUIREMENT

by Richard D. Lieberman, Consultant | Jul 13, 2016 | False Claims Act, Government-Wide Topics

In mid-June, the U.S. Supreme Court adopted the “implied false certification” theory of liability, which treats a contractor’s invoice or other payment request as an implied certification of compliance with relevant statutes, regulations or contract requirements that...

ONCE AGAIN: RECURRING AGENCY MISTAKES IN DISCUSSIONS

by Richard D. Lieberman, Consultant | May 31, 2016 | Government-Wide Topics, Offers/Protests

A recent blog identified “Six Recurring Agency Mistakes in Discussions.” One of the frequently repeated mistakes (conducting unequal discussions) was again repeated in a recently sustained Government Accountability Office (“GAO”) protest decision, Deloitte Consulting,...

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