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Air Force Sends Notice of Proposed Debarment to Booz Allen
Earlier this week, the Air Force issued a Notice of Proposed Debarment to Booz Allen Hamilton, Inc.Ā The basis for the debarment is set forth in a memorandum attached to the notice (contact me if you would like a copy).Ā …
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GAO Protest Decision Addresses Intersection of OCI and Government Post-Employment Rules
Organizational Conflicts of Interest (“OCI”)Ā has been a “hot topic” in government contracts ever since new DoD OCI regulations for Major Defense Acquisition Programs were published in DecemberĀ of 2010.Ā While the final regulations were far narrower than anticipated, the …
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VSE Decision Part II
In my earlier blog post on the GAO’s decision inĀ VSE CorporationĀ Ā (B-404833.4, November 21, 2011), I commented on GAO case lawĀ holding thatĀ “an appearance of impropriety” can justify the disqualification of a contractor from a procurement.Ā In the …
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Employee Handbooks: Benefits and Pitfalls
One of the questions employers frequently have is whether it is good policy to distribute and employee handbooks to employees.Ā The answer I most readily give employers is yes, as long as the handbook is carefully drafted as it might …
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New Rule Allows Contractors to Prevent Public Access to Contractor Information Reported in FAPIIS
In 2010, the Government implemented the Federal Awardee Performance and Integrity Information System (FAPIIS).Ā FAPIIS consolidates information from various federal databases such as the Excluded Parties List System (EPLS), the Past Performance Information Retrieval System (PPIRS) and the Contractor Performance …
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Virginia Courts are Giving Wider Discretion to Noncompete Agreements in Business Sales and Settlement Agreements than to Similar Noncompetes Contained in Traditional Employer/Employment Agreements
A noncompete entered into as part of a settlement agreement to end litigation between an employer and former employee receives more latitude than a traditional noncompete signed before or during the employment period.
In aĀ recent case, Plaintiff McClain …
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Here we go again, GAO issues another Aldevra-type Decision
Yesterday, the GAO issued a decision in Kingdomware Technologies, B-405727, in which it found that the Department of Veterans Affairs improperly sought to fulfill a requirement for subscription and support services from a non-mandatory FSS contract rather than conducting market …
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Expedited Discovery requires āUnusual Circumstancesā
AĀ recent opinionĀ out of the Eastern District of Virginia states that āunusual circumstancesā must be shown to grant a party expedited discovery.Ā And the court adopted two prongs of the prior test for granting a preliminary injunction to determine …
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Aldevra, The Case That Keeps on Giving
‘Tis the season andĀ AldevraĀ is the case that keeps on giving.Ā Last we heard (October 11), GAO decided that the VA should have set aside one solicitation and done market research to determine whether there was a reasonable expectation …
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The Risks of Giving Negative Employee References to Potential Employers- Defamation Lawsuits
It came out in the news this week that Dakota Meyer, the only living Marine to receive the Congressional Medal of Honor since the Vietnam War, recently filed a lawsuit against his former employer, the defense contractor BAE Systems.Ā Meyer …
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