On November 8, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest that asserted the Veteran Administration’s (VA) evaluation of Texas Waste Company’s past performance was unreasonable and reflected the Contracting Officer’s (CO) bias.
Continue Reading Bid Protest Minute: The High Bar to Proving Contract Officer BiasForeign Corrupt Practices Act Update: Considerations Around Voluntary Disclosures
In September 2022, Deputy Attorney General Lisa Monaco outlined the Department of Justice (DOJ) approach to enforcing corporate misconduct and directed agencies to review existing voluntary self-disclosure policies or, if none exist, draft new ones.
Continue Reading Foreign Corrupt Practices Act Update: Considerations Around Voluntary DisclosuresInternational Trade Enforcement Roundup – November 2023 Update
You are reading the November 2023 Update of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox.
Continue Reading International Trade Enforcement Roundup – November 2023 UpdateBid Protest Minute: Recent Decision Imparts Lessons on Timeliness of Solicitation Challenges and Prejudice
On November 21, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing that the terms of a solicitation were biased and that the awardee failed to comply with a mandatory solicitation requirement.
Continue Reading Bid Protest Minute: Recent Decision Imparts Lessons on Timeliness of Solicitation Challenges and PrejudiceCyber Incident Reporting May Be “Material” for Federal Contractors
Last month, the Federal Acquisition Regulatory Council proposed new cybersecurity and incident reporting regulations for federal contractors on behalf of the Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA). The proposed regulations include data incident reporting requirements the government explicitly designated as material to government contractors – meaning a failure to follow the reporting requirements could be grounds for False Claims Act liability.
New Guidance Clarifies Facility Clearance Eligibility Determination Requirements for Joint Ventures
On October 5, the Information Security Oversight Office (ISOO) issued a joint notice (Joint Notice) with the Small Business Association (SBA) and in coordination with the Department of Defense (DOD) clarifying that the Cognizant Security Agency (CSA) is responsible for determining which entities are required to hold an Entity Eligibility Determination (EED), also known as a Facility Clearance (FCL), and providing specific guidance as to which entities must possess EED in different scenarios.
Continue Reading New Guidance Clarifies Facility Clearance Eligibility Determination Requirements for Joint VenturesGAO’s 2023 Bid Protest Report: More Than Meets the Eye
On October 26, the Government Accountability Office (GAO) sent its annual bid protest report to Congress, which reflected a dramatic increase in protests filed following four straight years of decline.
Continue Reading GAO’s 2023 Bid Protest Report: More Than Meets the EyeFCPA Update: DOJ Opinion Procedure Releases Underscore That Payments to Officials Are Sometimes Permitted
Two recent opinions released by the Department of Justice (DOJ) serve as a reminder that even under the strictly enforced Foreign Corrupt Practices Act (FCPA), payments to government officials are permissible in certain situations. Given how rarely DOJ issues such opinions and because each provides insight into DOJ’s current view of enforcement in particular scenarios, it is worth considering what can be learned from each opinion.
Continue Reading FCPA Update: DOJ Opinion Procedure Releases Underscore That Payments to Officials Are Sometimes PermittedExamining the 3M Sanctions Settlement
In an article for Law360, I examined the recent settlement between the U.S. Department of the Treasury’s Office of Foreign Assets Control and the 3M Company for nearly $10 million to resolve apparent violations of U.S. sanctions on Iran.
Continue Reading Examining the 3M Sanctions SettlementInternational Trade Enforcement Roundup – October 2023 Update
You are reading the October 2023 Update of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox.
Continue Reading International Trade Enforcement Roundup – October 2023 Update