Don’t Rely on a Procuring Agency to Track Down Past Performance Questionnaires
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
NIST Privacy Framework Version 1.0 Issued
On January 16, 2020, the National Institute of Standards and Technology (NIST) issued its NIST Privacy Framework Version 1.0 (Privacy Framework). The Privacy Framework follows the same type of structure as the NIST Framework for Improving Critical Infrastructure Cybersecurity, which was first issued in February 2014 (NIST Cybersecurity Framework). Specifically, NIST identifies the Privacy FrameworkRead More
D.C. District Court Declines to Follow Narrow, Strict Guidance on Permanent Injunctions Sought by the FTC
The FTC has accused Surescripts, LLC (“Surescripts”) of using improper tactics to sustain its monopoly over services related to electronic prescriptions in violation of the Sherman Act. Surescripts has challenged the D.C. federal court’s subject matter jurisdiction over the matter, and further has argued that the FTC is not entitled to seek monetary relief inRead More
OFCCP Proposes Clarifying Evidence Standards, Post-Audit Procedures in Regulations
The Office of Federal Contract Compliance Programs (“OFCCP”) is seeking to codify its current procedures for analyzing statistical evidence of discrimination and communicating with contractors after finding potential violations of the laws it enforces. The proposed regulations provide greater clarity to the contractor community about OFCCP’s process both during and after audits. What do theRead More