The federal government has several programs that promote small businesses, including the well know Small Business Administration (SBA), and other not so well known programs such as HUBZone, Service Disabled Veteran Owned Small Business Concern (‘‘SDVO’’), Woman Owned Small Business (‘‘WOSB’’) and other small business government contracting programs (“SBA type programs”).  Government contractors that certify compliance with one or more of these SBA type programs may violate the False Claims Act (“FCA”) if the government contractor was not in compliance with the program requirements or later fell out of compliance but did not disclosure their non-compliance to the government.  The federal government gives these SBA type program participants significant competitive advantages in pursuing and obtaining contracts from the federal government. However, as part of being considered for these contracts, the government contractor must certify that they comply with the program requirements.  Each time the contract submits an invoice for payment, it is attesting to its continued compliance with the program requirements.  Even if the government contractor adequately completes the contract, the government contractor may be liable to repay the government for all payments made.

If you know of a government contractor who has falsely certified itself as a participant in one of these SBA type programs, and you would like to learn more about or would like to bring a qui tam whistleblower lawsuit against the wrongdoer, the whistleblower attorneys at Keller Grover LLP may be able to help you. The whistleblower lawyers at Keller Grover LLP understand qui tam litigation, including the whistleblower protection provisions, and strive to achieve the best possible results for their clients.