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The Federal Procurement Integrity Act (PIA) prohibits the release of source selection and contractor bid or proposal information. Also, a former employee who served in certain positions on a procurement action or contract more than $10 million is barred for one year from receiving compensation as an employee or consultant from that contractor.
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Experienced Procurement Management & Government Contract Defense Lawyers
The government contract defense attorneys at Watson & Associates help individuals and contractors to defend against allegations of Procurement Integrity Act violations under 41 USC 423. Whether you are subject to an investigation, facing possible indictment before a Grand Jury, bidding on federal projects or otherwise needing help with procurement management policies and controls, our defense lawyers understand the landmines that await clients in the process.
As Procurement Integrity Act lawyers we understand that simply because there is an allegation of procurement integrity violation, this is not conclusive.
Representation in Related Actions
Given the broad issues involved in procurement integrity, the law firm provides legal services and defense in wide variety of related issues that also include: compliance with International Traffic Arms Regulations (ITAR); Sanctions by Export Administration Regulations (EAR), Sanctions from the Office of Foreign Assets Control (OFAC) and Foreign Corrupt Practices Act violations.
As a government contractor, you are afforded the right to be treated fairly by procurement officials. Either as a contractor or federal employee staying clear of the Act can avoid unnecessary litigation and possible suspension and debarment.
41 USC 423 More Information About the Statute
The Procurement Integrity Act, 41 USC 423, was revised by Section 4304 of the National Defense Authorization Act for Fiscal Year 1996. Revisions to the Act became effective January 1, 1997.
The Government Procurement Integrity Act also commands broad restrictions on contracting parties’ behavior when it comes to conflict of interest and improper disclosure or receipt of procurement information.
Important Procurement Integrity Act 41 USC 423 & FAR 3.104 Provisions
The PIA also provides that “[a] person shall not, other than as provided by law, knowingly obtain contractor bid or proposal information or source selection information before the award of a Federal agency procurement contract to which the information relates.” 41 USC 423 (b).
Federal regulation and FAR 3.104-3(a) dictates that a contracting officer who receives or obtains information of a possible violation of the Procurement Integrity Act must determine if the possible violation has any impact on the pending award or selection of the contractor.
If the contracting officer concludes that a violation may impact the procurement, the contracting officer is required to report the matter to the head of the contracting activity (HCA). FAR 3.104-7(b).
The HCA must review the information and take appropriate action, which includes either:
- advising the contracting officer to proceed with the procurement;
- beginning an investigation;
- referring information to appropriate criminal investigative agencies;
- concluding that a violation occurred; or
- recommend to the agency head that a violation has occurred and void or rescind the contract.
The Justice Acquisition Regulation (JAR) further directs the contracting officer to refer possible violations of the Procurement Integrity Act to the DOJ OIG. JAR sect. 2803.104-10.
Help For Federal Employees
Under the PIA, Federal employees who are involved in procurements and the administration of procurements over $100,000 must report contacts with bidders or offerors regarding future employment to their supervisors. Under 41 USC 423, they must also disqualify themselves from further participation if they do not immediately reject the contact.
Government contractors must avoid gaining sensitive information from procurement officials since it can create a more advantageous opportunity for your company.
The Washington, DC government contracts attorneys at Watson & Associates can help with Procurement Integrity Act Violations and Conflicts of Interest by the government.
Help With Procurement Integrity Act Allegations in GAO Bid Protests
GAO Bid Protest Regulations and the statutory Procurement Integrity Act provisions require–as a condition precedent to our consideration of an alleged violation–that a protester has reported the matter to the contracting agency within 14 days of becoming aware of the possible violation.
This 14‑day reporting requirement affords procuring agencies an opportunity to timely investigate alleged improprieties before completing a procurement and, in appropriate circumstances, to take remedial action. See 41 USC 423 (e)(3); Honeywell Tech. Solutions, Inc., B-400771, B-400771.2, Jan. 27, 2009, 2009 CPD para. 49 at 9.
Our Government Contracts and Procurement Integrity Defense Law Firm provides legal counsel to contractors throughout the United States and overseas including Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington DC, West Virginia, Wisconsin, Wyoming, and Virgin Islands. Call our procurement integrity defense attorneys today for immediate help.
Call Our Procurement Integrity Act Defense Attorneys
Please contact the Procurement Integrity Act and government contract defense lawyers at Watson & Associates, LLC regarding any legal matter related to a federal project. Our lawyers can be reached toll-free at 866-601-5518 or by e-mail, our by filling out the contact form on our Contact page.