Podcast - Discussing a DOJ Lawsuit Under the Civil-Fraud Initiative
Defense Dynamics: Navigating the Post-Election Landscape for the National Security Sector
DE Talk | If It’s Not in Writing, It Never Happened: Applicant Tracking & Recordkeeping Strategies to Ensure OFCCP Compliance
Podcast - Cybersecurity Roundup: Analyzing New and Proposed Rules for Contractors
Understanding FOCI Mitigation
Work This Way: A Labor & Employment Law Podcast - Episode 28: Construction Compliance with Joan Moore and Mim Munzel of The Arbor Consulting Group
False Claims Act Insights - If Everything Matters, Nothing Does: Parsing Materiality in FCA Disputes
Build America Buy America What is it? How to qualify.
Podcast - Navigating M&A Due Diligence: Safeguarding Security Clearances
Work This Way: A Labor & Employment Law Podcast - Episode 26: Compensation Compliance with Joan Moore and Mim Munzel of The Arbor Consulting Group
DE Under 3: Court Held That Workday Was an “Agent” to Employers Licensing its AI Applicant Screening Tools
An In-Depth Overview of the DCSA
Sustainable Procurement: A Closer Look at the New Federal Acquisition Regulation (FAR)
DE Under 3: Retirement of “Chevron Doctrine” Exposed Vulnerability of OFCCP’s Overreaching Interpretations of Some of its Rules
Legal Alert | Reign It In: Federal Court Enjoins DOL's Expansion of Davis-Bacon Coverage
Common Scenarios Triggering False Claims Act Violations, Part 3: Claims and Investigations
DE Under 3: OFCCP Must Shut Down its Administrative Court Prosecutions as a Result of SCOTUS’ SEC Jury Trial Case Decision
Common Scenarios Triggering False Claims Act Violations, Part 1: Gov. Contracts and Cybersecurity
DE Under 3: OFCCP’s New Revisions & Additions to its Construction Contractor Compliance Audit Tools
Clocking in with PilieroMazza: Second Chance Initiatives: Hiring Workers with Criminal Histories
With another government fiscal year in the books, contractors may be anticipating the next season of bid protests. The Federal Circuit’s recent decision in Oak Grove Technologies v. United States offers a timely set of...more
This month’s Bid Protest Roundup highlights a trio of U.S. Government Accountability Office (GAO) decisions. The first decision, Deloitte Consulting, highlights the risk of severing a teaming partner after quote submission....more
On December 20, 2023, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing, among other things, that the procurement was tainted by an appearance of impropriety after the agency...more
This month’s bid protest roundup looks at two GAO protests from August. One examines the risks of using former federal employees to assist with proposal development when their prior access to non-public information might...more
A major issue faced by government contractors (at any tier) is the risk of organizational conflicts of interest (“OCIs”). To reform the OCI regulatory framework, Congress recently passed the Preventing Organizational...more
On December 27, 2022, President Biden signed the Preventing Organizational Conflicts of Interest in Federal Acquisition Act (P.L. 117-324 or the “Act”). The law aims to tighten regulations on potential organization conflicts...more
There has been much discussion over the past decade about overhauling the regulations regarding Organizational Conflicts of Interest (“OCI”) in federal acquisition. After one admirable attempt failed, Congress has recently...more
On December 27, 2022, Congress passed the Preventing Organizational Conflicts of Interest in Federal Acquisition Act (“the Act”), aiming to help identify and mitigate potential conflicts of interest between taxpayer-funder...more
WHAT: President Biden signed into law the Preventing Organizational Conflicts of Interest in Federal Acquisition Act, Pub L. No. 117-324, which mandates updates to the Federal Acquisition Regulation’s (FAR) provisions...more
On December 27, President Biden signed the Preventing Organizational Conflicts of Interest in Federal Acquisition Act into law. The legislation, ushered through Congress by a bipartisan group of backers, strengthens existing...more
In the midst of the year-end legislative push, Congress last week passed S. 3905, the "Preventing Organizational Conflicts of Interest in Federal Acquisition Act." This "good government" law requires the Federal Acquisition...more
You might be wondering, “What’s so important about Organizational Conflicts of Interest (“OCIs”)?” The answer is fairly simple: understanding both what causes OCIs and how to mitigate them are critical because unmitigated...more
This month’s Bid Protest Roundup covers two recent Government Accountability Office (GAO) decisions and a decision from the Court of Federal Claims. All involve defense procurements, but each offers a unique lesson for...more
Organizational conflicts of interest (OCI) are troubling for both the government and contractors. Under FAR 2.101, an OCI is a situation where “a person is unable or potentially unable to render impartial assistance or advice...more
If a company has one or more Organizational Conflicts of Interest (“OCIs”), its ability to compete for (or perform) a government contract in a fair and equitable manner is inherently called into question. In the context of a...more
In its recent decision in the Matter of: Steel Point Solutions, LLC, the GAO considered the concept of Organizational Conflicts of Interest (OCI). OCIs usually fall into one of three categories: “biased ground rules,”...more
This month’s Bid Protest Roundup (featured on Law360) examines three recent decisions by the U.S. Government Accountability Office (GAO) and the Court of Federal Claims (COFC). The first, Tridentis, LLC, highlights the...more
This month’s bid protest roundup (featured on Law360) examines three recent decisions by the Government Accountability Office (“GAO”). The first, Solers[i], examines potential conflicts of interest arising out of the...more
A. Introduction and Key Take-Aways - The Department of Defense’s (DOD) Cybersecurity Maturity Model Certification (CMMC) program provides a metric for independent third parties to use in assessing and certifying the...more
OCIs can have a serious negative impact on contractors. If it is determined that an OCI exists, it can lead to a contractor being excluded from a contract competition, having an existing contract terminated, and, in some...more
Over the past couple of months, we have had several clients contact us to discuss issues involving Organizational Conflicts of Interest (OCIs). In each case, it seemed like there was some confusion either by the government,...more
The U.S. Government Accountability Office recently issued a decision in which it clarified the rules regarding bid protests that challenge an agency’s organizational conflict of interest waiver. As discussed below, the GAO’s...more
The Government Accountability Office (“GAO”) started off the new year by reaffirming old rules pertaining to organizational conflicts of interest and discussions. GAO’s decisions show that while time marches forward, old...more
For contractors, defending (and overcoming) bid protests that challenge contract awards based on alleged Organizational Conflicts of Interest (OCI) may hinge on what a contractor does at the very beginning of the procurement...more
In an effort to ensure there is no OCI or that your mitigation plan is effective and timely implemented, government contractors must be proactive when reviewing the agency’s needs in light of its mission, the solicitation,...more