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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.


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Client Alert | 5 min read | 04.01.26

OPO Hospital Waiver Litigation: Trends and Takeaways

Despite facing existential challenges in several federal courts, the performance metrics established by the Centers for Medicare and Medicaid Services’ (CMS) 2020 Final Rule for organ procurement organizations (OPO) appear to be, at least for now, withstanding scrutiny in litigation proceedings.  ...