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Avoid Increased Damages, Ensure the Accuracy of Your Size and Status Certifications

Client Alert | 1 min read | 07.08.13

On June 28, 2013, the SBA issued a final rule, effective August 27, which (1) requires an authorized official of the company to sign representations of size or status in a bid or proposal; (2) provides that the company must update those certifications on SAM at least annually or lose those statuses until recertification; and (3) states that actions such as submission of a bid, proposal, or application for a set-aside award are deemed representations or certifications of size and/or status. The final rule also increases the risk of these representations: if a company willfully seeks and receives an award through misrepresentation of size or status, there is now a legal presumption of damages to the government equal to the total amount expended by the government under the contract, grant, or agreement.


Insights

Client Alert | 3 min read | 03.12.26

DOJ Releases First-Ever Department-Wide Corporate Enforcement and Voluntary Self-Disclosure Policy

On March 10, 2026, the Department of Justice released the first-ever Department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy (the “Department-wide CEP” or “Policy”), which applies to all non-antitrust corporate criminal cases across the Department. The new policy has been anticipated since December 2025, when Deputy Attorney General Todd Blanche announced the Department’s plans to release a new, single corporate enforcement policy for all criminal matters. According to the Department, the new policy is designed to “help ensure consistency across the Department” and “transparently describe the Department’s policies and decisionmaking.”...