A Closer Look At The SBA's New Presumed Loss Rule

Law360, New York (October 31, 2013, 5:45 PM EDT) -- On Aug. 27, 2013, the so-called "presumed loss rule" went into effect. This is the new regulation of the U.S. Small Business Administration that establishes a rebuttable presumption: If a concern willfully misrepresents its size or status to receive the award of a federal contract, subcontract, grant or cooperative agreement that has been set aside for small businesses, the loss to the government is presumed to be the total amount expended by the government under the contract, subcontract, grant or cooperative agreement.[1] Basically if you lie to get a $10 million small business set-aside contract, do great work under the contract and are paid $10 million for the work, you may have to pay $10 million back to the government — three times over.[2]...

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