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Rumor Has It Forget burden of proof. A new proposal says allegations alone should prevent businesses from receiving federal contracts.

By Stephen Barlas

Opinions expressed by Entrepreneur contributors are their own.

Federal procurement officials may soon be able to preventcompanies from receiving federal contracts simply because ofwhispers that a company has broken labor, occupational-safety orother federal laws. The three big federal procurement agencies (theDepartment of Defense, the General Services Administration andNASA)--who together control the Federal Acquisition Regulation(FAR)--proposed that change in July.

Currently, FAR says a federal procurement officer can keep acompany from receiving a contract only if the company has anunsatisfactory record of compliance with laws and regulations.

In theory, that means a state or federal court or a federalagency has to have found the company guilty of violating a federallaw in order to deny it a federal contract. In practice, however,contracting officers also take into account alleged violations whendeciding whether to award a contract, according to Lynn Rhinehart,associate general counsel for the AFL-CIO. In some circumstances,she says, it may be appropriate for procurement officers to basetheir decisions on alleged violations, or "persuasive evidenceof substantial [and repeated] noncompliance with a law orregulation."

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