Procurement Integrity Act Lawyers 41 usc 423
Procurement Integrity Act (PIA Integrity Law Firm) Defense Lawyers Helping Federal Contractors and Individuals Seeking to Avoid Costly Fines and Criminal Liability
Are you a federal government construction contractor, government employee, or subcontractor who is under investigation or facing criminal charges for procurement fraud under the Procurement Integrity Act 41 USC 423?
Our team of defense lawyers specializes in aggressively defending the rights of individuals and companies in these types of cases. We understand the complexities of government investigations and can help you navigate the legal system to achieve the best possible outcome for your case.
We are dedicated to protecting your reputation, your livelihood, and your freedom. With our experience and expertise in the field of procurement fraud, you can trust that we will fight for your rights and defend your interests every step of the way.
Don’t wait any longer to get the legal representation you need. Contact us today to schedule a consultation and start building your defense.
What is the Procurement Integrity Act?
The Procurement Integrity Act addresses the forbidden release of source selection information and or information about contractors’ proposals and bidding information. See 41 USC 423. The PIA also addresses the conduction of former government employees who served in specific government positions on a procurement action or contract over $10 million. The employee cannot serve as an employee or consultant to the contractor in question. PIA statutes monitor the federal procurement process and how government and contractor personnel conduct business.
The Procurement Integrity Act of 1988 is a federal law that aims to promote integrity, transparency, and fairness in government procurement processes. The law applies to federal executive agencies and their employees, as well as to contractors and subcontractors who participate in federal procurement.
The Procurement Integrity Act, which is codified in 41 USC 423, establishes certain standards of conduct and requirements for government procurement officials, contractors, and subcontractors. The law prohibits certain activities that could compromise the integrity of the procurement process, including:
1. Disclosure of non-public information: Government procurement officials and employees are prohibited from disclosing non-public information about procurements to unauthorized individuals or companies.
2. Receipt of certain information: Government procurement officials and employees are prohibited from receiving certain information from contractors or subcontractors, such as advanced knowledge of their competitors’ bids.
3. Employment: Government procurement officials and employees are prohibited from accepting employment with a contractor or subcontractor who is involved in the same procurement for which the official or employee had significant responsibility.
4. Restrictions on post-government employment: Government procurement officials and employees are subject to certain restrictions on post-government employment with contractors or subcontractors who are involved in the same procurement for which the official or employee had significant responsibility.
5. Restrictions on contractor and subcontractor activities: Contractors and subcontractors who participate in federal procurement are subject to certain restrictions on their activities, such as attempting to obtain non-public information or offering employment to government officials or employees who are involved in the same procurement.
The Procurement Integrity Act also establishes certain penalties for violations of the law, including fines, imprisonment, and exclusion from future government contracts. The law is intended to promote a fair and transparent procurement process and to ensure that the government obtains the best value for taxpayer dollars.
When government employees or contractors have violated the Procurement Integrity Act is very fact-specific. Being involved in a government investigation can be very daunting and stressful. Contractors and personnel found to have violated Procurement Integrity law can find themselves losing the contract, subject to hefty civil fines on facing jail time.
Types of Cases We Handle
- Public procurement policy and controls
- Business ethics
- DOJ and OIG investigations alleged PIA violations
- Procurement Integrity Act investigations
- Procurement fraud defense
- Foreign Corrupt Practices
- Anti-kickback Act prosecutions
- Kickbacks
- False claims and Qui Tam defense
- Compliance with FAR and SBA regulations
Experienced Procurement Integrity Act Lawyers
The government contract defense attorneys at Watson & Associates help individuals and contractors to defend against allegations of Federal Procurement Integrity law violations and Anti-kickback Act violations under 41 USC 423. Whether you are subject to a federal investigation, facing possible criminal indictment before a Grand Jury, bidding on federal projects using strategic sourcing or otherwise needing help with procurement management policies and controls, our False claims and contractor criminal defense lawyers understand the landmines that await clients in the process.
Understanding the Procurement Integrity Act violations can save you criminal liability and fines.
The Federal Procurement Policy 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 and focus on key points in the procurement process. 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). See also 41 U.S.C. §§ 2101-2107,.
Federal regulation and FAR 3.104-3(a) dictate that a contracting officer who receives or obtains information of a possible violation of the Federal 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 Federal Procurement Integrity Act prosecutions to the DOJ OIG. JAR sect. 2803.104-10.
Does Receiving a Government Estimate Fit Within “Source Selection Information?
In the case of CLC Construction Company, ASBCA No. 59110, the court found that this estimate does not fit within the definition of “source selection information” set forth in PIA. The court reasoned that because the plain language of the statutory text of § 2107(a) of the PIA, which includes express definitions of “source selection information” does not include the government estimate, then this information does not apply. See als0 United States v. Bowling, 108 F. Supp. 3d 343, 348 (E.D.N.C. 2015).
41 USC 423 Defense and Help For Federal Employees in the Procurement Process
Under the Procurement Integrity Act, Federal employees who are involved in federal contracting procurements, strategic sourcing, and the administration of procurements over $100,000 must report contacts with bidders or offerors regarding future employment to their supervisors. Under the Procurement Integrity Act 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 Law Violations and Conflicts of Interest by the government.
Help With Federal Procurement Policy Act Violations and Investigations
GAO Bid Protest Regulations and the statutory Federal Procurement Policy 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. At Watson & Associates, LLC our PIA attorneys and contractor integrity law firm also defend contractors and individuals in criminal cases. See also 41 U.S.C. §§ 2101-2107.
FAR 3.104-8 Criminal and Civil Penalties, and Allowable Administrative Remedies
IAW FAR 3.104-8 on Acquisition.gov Criminal and civil penalties, and administrative remedies, may apply to conduct that violates 41 U.S.C. chapter 21 (see 3.104-3). See 33.102(f) for special rules regarding bid protests. See 3.104-7 for administrative remedies relating to contracts.
(a) An official who knowingly fails to comply with the requirements of 3.104-3 is subject to the penalties and administrative action set forth in 41 U.S.C. 2105.
(b) An offeror who engages in employment discussion with an official subject to the restrictions of 3.104-3, knowing that the official has not complied with 3.104-3(c)(1), is subject to the criminal, civil, or administrative penalties set forth in 41 U.S.C. 2105.
(c) An official who refuses to terminate employment discussions (see 3.104-5) may be subject to agency administrative actions under 5 CFR 2635.604(d) if the official’s disqualification from participation in a particular procurement interferes substantially with the individual’s ability to perform assigned duties.
PIA Criminal Penalties
PIA Civil Penalties
Call Our Procurement Integrity Act Defense Lawyers
Please contact the government contract defense lawyers at Watson & Associates, LLC regarding any legal matter related to the Federal Procurement Integrity Act 41 USC 423, strategic sourcing or Anti kickback Act on a federal government contracts project. Our Procurement Integrity Act lawyers can be reached toll-free at 866-601-5518.