Bradley attorney Aron Beezley was quoted in Law360 on the top government contract policies of 2019 so far. In May, the U.S. Department of Justice (DOJ) released guidance on cooperation by entities facing False Claims Act litigation or investigations. The guidance is welcome in some ways; however, there is confusion since the guidance seems largely predicated on reaching a settlement, does not tie specific benefits to particular forms of cooperation, and notes that the DOJ will not grant credit for disclosures that are required by law.
Attorneys are hoping that the DOJ will come back with more comprehensive guidance, but regardless of the gaps in the initial guidance, "most sophisticated companies have started to amend, or will be amending, their internal compliance programs consistent with the new DOJ guidance," Beezley said.
Additionally, the U.S. Small Business Administration (SBA) recently issued a proposed rule implementing the Small Business Runway Extension Act. Yet, failure to put the Runway Act immediately into effect has touched off strong debate, with the SBA itself claiming that the law does not apply until it issues an implementing regulation. On the other side of the debate is the argument that without a specified effective date, the law should have been treated as being in effect as soon as it was signed by the president.
"That created some confusion," Beezley said.
The complete article, “Top Gov’t Contracts Policies of 2019: Midyear Report," first appeared in Law360 on July 22, 2019.