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Enhanced Sustainability Requirements for Federal Contractors

On April 22, 2024, the U.S. government issued a final rule ("Rule") to restructure and update the Federal Acquisition Regulation ("FAR") to implement a requirement for agencies to procure sustainable products and services to...more

OFCCP Extends Deadline and Opens Door for New Objections to Disclosure of EEO-1 Data

In response to pressure from Congress, OFCCP has extended the deadline for contractors to object to disclosure of EEO-1 reports and opened the door for new objections....more

Government Agencies Increasingly Using Alternatives to Formal Suspension and Debarment

The Situation: The Interagency Suspension and Debarment Committee ("ISDC") recently issued its annual report on government suspension and debarment activity to Congress for fiscal year 2018. The Result: The report shows a...more

Antitrust Division Launches "Strike Force" to Combat Anticompetitive Crimes in Government Procurement

Last week, the U.S. Department of Justice ("DOJ") launched the Procurement Collusion Strike Force ("PCSF") to detect, investigate, and prosecute antitrust crimes in government procurement, grant, and program funding, at all...more

GAO: Contractors Must Diligently Pursue Agency Debriefing, Even After Making a Timely Request

The Situation: The U.S. Government Accountability Office ("GAO") dismissed a protest challenging a contractor's exclusion from the competitive range based upon the contractor's failure to diligently pursue a debriefing....more

DoD Continues to Interpret "Commercial Item" Broadly, Despite Recent Attempts to Narrow

The Situation: The U.S. Department of Defense has faced criticism from the Office of Inspector General and the Government Accountability Office concerning its handling of commercial item procurements. The Response: As a...more

Judge Cites Escobar Materiality Standard, Vacates $350 Million False Claims Act Judgment

The Situation: The False Claims Act imposes civil liability on any person or entity that "knowingly presents, or causes to be presented" to the U.S. government "a false or fraudulent claim for payment or approval." The...more

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