Nov 10, 2010

Thomas Marcinko

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Mind Your Reps & Certs!

In this environment of transparency in government contracting, it is now more important than ever to ensure that all of your representations and certifications are accurate and truthful.  Platinum One Contracting has agreed to pay the United States $200,000 for filing false representations.  In order to obtain set-aside contracts, Platinum represented that it was controlled by a socially and economically disadvantaged individual and that it was located in a HUB zone.  Neither of these representations were accurate. 

Expect more enforcement in this area.  Tony West, Assistant Attorney General for DOJs Civil Division said “We will take action against those who use false statements to cheat both the government and the companies and communities that should have received the valuable benefits”  Peggy Gustafson, the Small Business Administration (SBA) Inspector General echoed this sentiment when she said that the SBA “will continue to to aggressively pursue and seek criminal or civil fraud prosecution of false statement made to obtain preferential contracting  and other government benefits.”

Obviously one should not intentionally make false representations to the Government.  However, the rules for qualifying for the various procurement preference programs are often quite complex.  Prior to making any such representations, contractors should fully understand the requirements and ensure that the representation is accurate.