The federal government’s renewed focus on corporate misconduct and the recent expansion of its disclosure and whistleblower policies have thrust corporate criminal liability into the spotlight. It may come as no surprise that corporations are legal persons capable of committing crimes, but the scope of potential criminal liability for corporations is broader than one may realize.
Continue Reading Criminal Enforcement Considerations for Gov’t Contractors
This week’s episode covers a DoD memorandum establishing procedures for covered joint venture facility security clearances, an SBA notice relating to the Mentor-Protégé Programs, and an upcoming mass modification to all existing GSA Multiple Award Schedule contracts, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.
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As the Department of Energy’s (“DOE”) Loan Programs Office (“LPO”) continues to finance clean energy manufacturing and deployment in the United States, the recent announcement by the DOE’s Office of Inspector General’s (“DOE OIG”) that it intends to scrutinize LPO’s due diligence process increases the risk to program applicants. According to a recent notice issued on SAM.gov, the DOE OIG intends to issue a sole source contract for legal support “assessing the policies and procedures” for the due diligence of loan applications, and evaluate specific LPO loans and guarantees to assess their compliance with, consistency in application of, and the effectiveness of LPO policies and procedures, as well as related Governmentwide regulations, policies, procedures, and directives, to identify specific points of weakness in due diligence practices, and to recommend improvements to mitigate risks.
Continue Reading Enhanced Review by the Department of Energy’s Office of Inspector General into the Loan Programs Office Poses Increased Risks to Loan Program Applicants
On August 1, 2024, Deputy Attorney General Lisa Monaco unveiled the Department of Justice’s new Corporate Whistleblower Awards Pilot Program. The announcement marks the conclusion of the Department’s previously announced “sprint” towards a pilot program, as DAG Lisa Monaco first previewed back in March of this year.
Continue Reading “Help Wanted”: Justice Department Debuts its Corporate Whistleblower Awards Pilot Program
Most organizational conflict of interest (OCI) sustains arise where the record shows that an agency failed to analyze the potential for a conflict. But GAO’s decision in A Square Group, LLC, is a rarer type of OCI sustain: the agency considered the purported OCI and documented its conclusion that the OCI had been mitigated. However, GAO found that the agency’s conclusions were unreasonable, and the OCI risk remained.
Continue Reading Agency Said Awardee Fully Mitigated OCI; GAO Says: “Nope!”
This week’s episode covers a GAO protest regarding the Procurement Integrity Act and a U.S. Supreme Court decision narrowing the scope of federal bribery law, and is hosted by Peter Eyre. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.
Listen: Crowell.com | PodBean | SoundCloud | Apple Podcasts
On July 22, 2024, the Small Business Administration (SBA) posted a notification of tribal consultation meeting and request for comments regarding updates to the HUBZone and 8(a) Business Development Programs. Of critical importance for any contractors participating in the SBA’s Mentor-Protégé Program, SBA is also seeking comments on prospective policy changes addressing joint venture participation in SBA’s programs. SBA has identified perceptions that:
Continue Reading SBA Seeks Comment on Prospective Policy Change Regarding Mentor-Protégé Joint Venture Eligibility For Multiple Award Contracts
GAO issued three sustain decisions in June, but the Sparksoft Corporation decision stands out for its discussion of prejudice. In Sparksoft, the Centers for Medicare and Medicaid Services (CMS) sought to procure supplemental security testing for the agency’s Center for Clinical Standards and Quality (CCSQ). CMS evaluated Sparksoft and the eventual awardee, TSG, as follows:
Continue Reading June 2024 Bid Protest Sustain of the Month
This week’s episode covers a proposed rule to replace the phrase “significant deficiency” with “material weakness” for the government’s evaluation of contractor business systems, a GAO report on Defense Counterintelligence and Security Agency’s current cybersecurity policies and procedures, and a nationwide preliminary injunction that halts the U.S. Department of Labor from enforcing three key elements of new regulations related to the Davis-Bacon Act and Related Acts, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.
Listen: Crowell.com | PodBean | SoundCloud | Apple Podcasts
On June 24, 2024, the U.S. District Court for the Northern District of Texas issued a nationwide preliminary injunction, stopping the U.S. Department of Labor (“DOL”) from enforcing three key elements of regulations related to the Davis-Bacon Act and Related Acts (“DBA” or “Act”). The court order issued in Associated General Contractors v. U.S. Department of Labor will provide significant comfort and certainty to contractors that perform work on federally funded construction projects.
Continue Reading Nationwide Injunction Halts Key Provisions of Davis-Bacon Act Regulations