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Prohibition on Contracting with Corporations with Felony Conviction or Delinquent Taxes

Client Alert | 1 min read | 12.04.15

On December 4, 2015, the FAR Council issued an interim rule – with an effective date of February 26, 2016 – that would require a corporation responding to any federal solicitation to represent whether it (1) has a felony conviction for a violation under any federal law within the preceding 24 months or (2) has any unpaid federal tax liability that has been assessed and is not being appealed or paid in a timely manner. Consistent with the Consolidated and Further Continuing Appropriation Acts, any affirmative response made by a corporation to either representation would effectively create an automatic exclusion that precludes award of federal contracts, unless the agency's suspension and debarment official has reviewed the matter and determined that further action is not necessary to protect the interests of the government.


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Client Alert | 4 min read | 10.30.26

Two Wrongs Don’t Make a Right: GAO Sustains Protest Where Agency Tried to Fix PIA Violation with a Second PIA Violation

Recent sustain decisions by the U.S. Government Accountability Office (GAO) in Fluor Federal Solutions, LLC and Reliance Test & Technology send a clear message: when an agency tries to fix a Procurement Integrity Act (PIA) violation by committing a second one, the cure can be just as fatal as the disease. The cases involved the U.S. Air Force’s $1.8 billion procurement for O&M services at Elgin Air Force Base. During discussions, the Air Force inadvertently released a pricing overview slide with all offerors’ bottom-line evaluated costs to Reliance Test & Technology, which immediately notified the agency of the error. In response, the Air Force decided to level the playing field by providing the same information to all the other offerors in the procurement, stating, “[o]fferors may consider this disclosure in their [final proposal revision].”...