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OFPP Still Myth-Busting, Seeks to Improve Industry Engagement on Acquisition Issues

Client Alert | 1 min read | 05.30.19

On April 30, 2019, the Office of Federal Procurement Policy (OFPP) issued its fourth Myth-Busting memorandum, the purpose of which is to:

  • “[I]mprove awareness of vendor engagement strategies that Federal procurement thought leaders are using to create a more responsive buying process, modernize the acquisition culture, and deliver greater value to the taxpayer.”
  • Ask “each Chief Financial Officers Act (CFO Act) agency to ensure it has designated an industry liaison to work with the agency’s Acquisition Innovation Advocate (AIA), the Office of Small Disadvantaged Business Utilization (OSDBU), and other key acquisition personnel to promote modern vendor communication practices and counter misconceptions that drive today’s risk aversion culture[,]” i.e., “to serve as a conduit among acquisition stakeholders and promote strong agency vendor communication practices.”

The memorandum also:

  • “[H]ighlights ten misconceptions related to innovative practices” (three of which address key issues in acquisition innovation and the remainder of which address communicating with industry).
  • “[S]howcases successful agency efforts[.]” 
  • Explains that “new examples will be posted on the Innovation Hub of the Acquisition Gateway to foster dynamic conversations among the acquisition workforce.”

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FTC Orders Divestitures in Retail Fuel Outlet Deal and Signals a Return to More Standard Remedy Discussions

Merger consent orders are back at the FTC, and the FTC’s most recent action showcases how the current leadership is analyzing divestiture proposals. Last week, the FTC approved a proposed consent agreement in Alimentation Couche-Tard Inc.’s (ACT) acquisition of retail fuel outlets from Giant Eagle, Inc. that paired standard retail divestitures with a “prior notice” requirement that ACT notify the agency of future acquisitions in certain markets regardless of size. This FTC has signaled greater acceptance of remedies than the prior administration, and this most recent consent puts that on display, with Commissioner Meador providing merging parties guidance on designing effective remedies....

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