Government Contracts Legal Forum

Alan W. H. Gourley

Alan W. H. Gourley

Alan W. H. Gourley is a partner in the Washington, D.C. office of the law firm of Crowell & Moring. Alan counsels clients with respect to a broad range of international and government contract issues. He has extensive experience with all aspects of international contracts, both government and commercial. He counsels and defends clients with respect to compliance with U.S. export controls and sanctions regulations, the Buy American Act, Berry Amendment and Trade Agreements Act requirements, the Foreign Corrupt Practices Act, the Foreign Military Financing program, Foreign Military Sales, US AID grants and procurements, World Bank procurements and other laws and regulations applicable to international transactions. He also counsels clients concerning U.S. laws and regulations applicable to foreign investment and ownership in the United States, such as Exon-Florio and the National Industrial Security Program and with respect to investment protection provided overseas by various Bilateral Investment Treaties (BITs) and Free Trade Agreements. He has litigated numerous contract cases against the United States and arbitrated cases against foreign governments and international organizations. He has defended clients in qui tam and other cases under the False Claims Act as well as in various criminal grand jury and civil fraud investigations. He has also litigated investor-state disputes in arbitrations brought under commercial contracts as well as under NAFTA Chapter Eleven. He is experienced as well with the investment protections provided by international law and the Energy Charter Treaty, BITs and other Free Trade Agreements. He graduated magna cum laude from Beloit College in 1977 and from the University of Virginia School of Law in 1981.

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Employee’s Acceptance of Gratuities Subjects Company to Heightened Liability Under Anti-Kickback Act

Posted in Legal Developments
In United States ex rel. Vavra v. Kellogg Brown & Root, Inc. (Feb. 3, 2017), the Fifth Circuit held that under Section 8706(a)(1) of the Anti-Kickback Act — permitting recovery of twice the amount of each kickback plus $11,000 for each occurrence of a prohibited conduct — corporations are liable “for the knowing violations of… Continue Reading

Seismic Shift in VA Trade Agreements Act Policy

Posted in GSA Schedule/Commercial Items
Earlier this week, the Department of Veterans Affairs (“VA”) announced a seismic shift in policy that opens VA Schedule 65 IB to covered drugs that do not comply with the Trade Agreements Act (19 U.S.C. §2501 et seq.) (“TAA”).  While the VA’s prior policy prohibited contractors from offering TAA non-compliant drugs from on  a Federal… Continue Reading

Joint DOJ-FTC Memorandum Puts Defense M&A Deals in the Crosshairs

Posted in Legal Developments
On April 12, the DOJ and FTC issued a joint statement titled “Preserving Competition in the Defense Industry,” which reiterates the analytical framework for reviewing defense industry mergers and acquisitions set forth in the DOJ/FTC 2010 Horizontal Merger Guidelines, and emphasizes that the antitrust agencies will continue to give substantial weight to the DOD’s own internal assessment of such… Continue Reading

And Now the Carrots: DOJ Announces FCPA Self-Reporting Pilot Program

Posted in International Contracting/FCPA
On April 5, 2016, the Fraud Section of the Department of Justice’s Criminal Division launched a one-year pilot program under which companies can receive tangible credit for self-reporting violations of the Foreign Corrupt Practices Act. The rewards for self-reporting, cooperation and remediation can include avoidance of a corporate monitor, a substantial fine reduction, or declination… Continue Reading

New Zealand Companies Out of the “Chillybin”

Posted in Legal Developments
By notice published in the Federal Register, the U.S. Trade Representative has confirmed that New Zealand has acceded to the WTO Agreement on Government Procurement and thereby, effective August 12, 2015, has become a “designated country” under the Trade Agreements Act.  Accordingly, products and services from New Zealand are now eligible to be procured under all contracts… Continue Reading

GSA Announces Changes in its Contractor Assistance Visits

Posted in GSA Schedule/Commercial Items
The General Services Administration (“GSA”) is rolling out two modifications to its Contractor Assistance Visits (“CAVs”), in-person or virtual meetings between GSA’s Industrial Operations Analysts (“IOAs”) and GSA Schedule holders to assess compliance, identify potential problems, and test the contractor’s system controls and processes.  Tom Brady, the Director of the Supplier Management Division, GSA Office… Continue Reading

C&M Lawyers Conduct Live Webinar on New FCPA Guidance on Thursday, January 17

Posted in International Contracting/FCPA
At 1:00 pm (Eastern) on January 17, 2013, Crowell & Moring attorneys Alan Gourley, Stephen Byers, Janet Levine and Kelly Currie will conduct a webinar on behalf of L2 Federal Resources entitled "The DOJ/SEC Resource Guide on the FCPA: Considerations for Government Contractors." The FCPA guidance provides a description of the key enforcement agencies’ view… Continue Reading