Government Contracts & Investigations

Category: Government Contracts

Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors – COVID Task Force Guidance Issued and Opportunity to Comment Available

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As reported in an earlier alert and blog, on September 9, 2021, President Biden rolled out his Path Out of the Pandemic plan (the “Plan”) to combat the spread of COVID-19. Two central portions of the Plan include issuance of (1) an instruction to the Department of Labor Occupational Safety and Health Administration (OSHA) to issue a directive thatRead More

Topics: Government Contracts, Labor and Employment

Biden Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors –A Number of Questions

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On September 9, 2021, President Biden rolled out his Path Out of the Pandemic plan (the “Plan”) to combat the spread of COVID-19. As reported in an earlier alert, this Plan contains a number of moving parts and coverage that remains to be finalized.  Of note to government contractors is the fact that the PlanRead More

Topics: Government Contracts, Labor and Employment

Antitrust Developments and the Potential Impact on Government Contractors

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The Remedy of Divestiture: Steves and Sons, Inc. v. JELD-WEN, Inc. For what is believed to be the first time ever, a private plaintiff successfully challenged an already consummated merger under antitrust law and won divestiture as part of its remedy. Does this pose a potential increased risk of antitrust enforcement remedies of divestiture onlyRead More

Topics: Antitrust, Fraud, False Claims, and False Statements, Government Contracts

Protests Alleging an Unmitigated OCI Must Present “Hard Facts” Even When the Awardee Is the Incumbent

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When an agency makes an award to the incumbent, the disappointed offerors often believe that the incumbent’s performance of the previous contract must have given it an impermissible leg up on the competition in the form of an organizational conflict of interest (“OCI”). However, as the recent Government Accountability Office (“GAO”) decision in Lukos-VATC JVRead More

Topics: Bid Protests and the Contracting Process, Government Contracts

DIB Take Note: SolarWinds Hack and DHS CISA Emergency Directive on Cyber Vulnerabilities Point to the Need to be Prepared for APTs

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If you don’t know about SolarWinds, then you haven’t been reading the news for the past six months. Last October 2020, it was reported that a widely-used networking tool that helps companies in the public and private sectors manage their Information Technology (IT) portfolios – SolarWinds Orion product — had been compromised. Publicly, it hasRead More

Topics: Cyber, Data Security, and Privacy, Government Contracts, Supply Chain Risk Management