Government Contracts & Investigations


Posts from Eric Whytsell

Hope Is Not a Strategy: Protest Shortcomings of Corrective Action as Soon as You See Them

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When an agency announces its intent to take corrective action in response to a protest, it’s easy for the protester to feel that it has “won”—and to some extent it has. At the very least, its protest has prompted the agency to regroup and remedy one or more perceived problems with the subject procurement. DespiteRead More

Topics: Bid Protests and the Contracting Process, Small Business / Socioeconomic Issues

Don’t Rely on a Procuring Agency to Track Down Past Performance Questionnaires

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Given how much emphasis federal procurement law properly places on fairness, it can be easy to assume that government buyers must do everything necessary to ensure a fair procurement. But that’s not always the case. For example, as the recent Government Accountability Office (GAO) decision in Yulista Tactical Services LLC, B-417317.3; B-417317.5; B-417317.6 (January 15,Read More

Topics: Bid Protests and the Contracting Process

New Year, New Voluntary Self-Disclosure Policy for Export Controls and Sanctions

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Several years ago, the head of the State Department’s Director of Defense Trade Controls (DDTC) explained that, when a company engaged in substantial exporting makes no voluntary disclosures of export control violations, something is wrong. He reasoned that every company is made up of human beings—and human beings make mistakes, so every company doing lotsRead More

Topics: Export Controls, Sanctions and CFIUS, International, Battlefield and Contingency Contracting, Statutes and Regulations

New Changes to the ITAR Focus on Unclassified Technical Data And the release of “Access Information”

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As part of its years-long project to update and revise the International Traffic in Arms Regulations (ITAR) and better align them with the Export Control Regulations, the Department of State (DoS) recently amended the ITAR with an interim rule to address another group of amendments first proposed in June of 2015. The new rule definesRead More

Topics: Cyber, Data Security, and Privacy, Export Controls, Sanctions and CFIUS, International, Battlefield and Contingency Contracting, Statutes and Regulations

When the Government Asks for Required Information, Answer (But First Make Sure You Have Prepared for the Question).

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You might think that this could go without saying, but apparently it can’t: If you want to succeed in your dealings with the federal government, you need to timely provide information required by law, particularly when government personnel specifically ask you for it. The recent decision of the SBA’s Office of Hearings and Appeals inRead More

Topics: Small Business / Socioeconomic Issues, Statutes and Regulations