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Federal Contractor Threatened With Suspension and Debarment for Not Submitting Affirmative Action Plans

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) recently reminded federal contractors that the government has broad authority to audit and investigate contractors’ equal employment...more

Federal Circuit Clarifies Prejudice Is Never Presumed in Bid Protests

Last week, in a decision that will increase the burden of proof for contractors in bid protests, the U.S. Court of Appeals for the Federal Circuit clarified that prejudice, a critical part of any protest action, is not to be...more

Federal Contractors Bracing for Implementation of Vaccine Mandate

Last week, the federal government began enforcing the requirements of the Executive Order 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors” (COVID EO) and its supporting guidance. The COVID EO directs...more

DoD’s Cybersecurity Verification Regime: New Details Emerge Related to Third-Party Auditor Training and Accreditation

A key area of focus in the Department of Defense’s (DoD) gradual rollout of its Cybersecurity Maturity Model Certification (CMMC) is the training and accreditation of third-party assessors that will be responsible for...more

Impaired Objectivity and the Ability to Influence: Avoiding Pitfalls in Mitigating OCI

A common source of organizational conflicts of interest (OCI) is when a firm’s ability to render impartial advice to the government is or might be undermined by the firm’s competing interests. These OCIs, termed “impaired...more

Department of Defense Issues Final Rule Restricting the Use of LPTA Procurements

Effective October 1, 2019, a new rule issued by the U.S. Department of Defense (DOD) amends the Defense Federal Acquisition Regulation Supplement (DFARS) to limit the use of lowest price technically acceptable (LPTA)...more

Supreme Court Clarifies Statute of Limitations in Qui Tam Suits Under the False Claims Act

Whistleblowers bringing qui tam suits under the False Claims Act have up to ten years to file suit against defendants in cases in which the government declines to intervene, the U.S. Supreme Court has held, rejecting a...more

GAO Protest Requires Fee and Specialized Filing Starting May 1, 2018

Starting May 1, 2018, the General Accounting Office (GAO) will require that all new protests (except those containing classified information) be filed using its web-based electronic filing system known as the Electronic...more

ASBCA Questions Consideration of Materiality in Certain Cost Accounting Change Cases

The Armed Services Board of Contract Appeals (ASBCA or the Board) recently released a decision addressing the final issue of materiality in the long saga of the Raytheon accounting change case. ASBCA No. 58068, August 9,...more

Do Words Matter? GAO Decides “Yes” in Delivery Order Precedent Case

Do words matter? In a precedent-setting decision in Harris IT Services Corp., B-411699, B-411796, GAO said “yes.” In particular, GAO made clear that the phrase “delivery order” has a particular meaning under the law and that...more

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