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DOD Issues Final OCI Rule For Major Programs

Client Alert | 1 min read | 12.30.10

In its much anticipated final OCI rule, issued December 29, 2010, DOD limited the new provisions to changes required by the Weapons Systems Acquisition Reform Act of 2009 for major defense acquisition programs ("MDAPs") and pre-MDAP programs, in contrast to the proposed rule, which would have been applicable to all DOD acquisitions. Additional key changes from the proposed rule include: (i) making clear that this final rule takes precedence over FAR subpart 9.5, to the extent that there are inconsistencies; (ii) adding an explanation of the basic goals to promote competition and preserve DOD access to the expertise of qualified contractors; (iii) removing the formal preference for mitigation as the preferred resolution strategy; (iv) tightening the System Engineering and Technical Assistance ("SETA") contractor exception for domain experience and expertise to require a head of the contracting activity determination; and (v) refining definitions of major subcontractor and systems engineering and technical assistance.

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Client Alert | 3 min read | 09.15.25

Senate Finance Committee Looking to Take White River to the Train Station, Confirms DOJ Investigation into Tribal Tax Credits

On August 19, 2025, the U.S. Senate Committee on Finance (“Senate Finance Committee”) sent Paul Atkins, Chairman, U.S. Securities and Exchange Commission (“SEC”) a letter calling on the SEC to investigate White River Energy Corp (“White River”). In the letter, the Senate Finance Committee confirmed a criminal investigation into White River related to the sale of so-called “tribal tax credits” that according to both Congress and the IRS, do not exist. The letter further states that White River allegedly earned millions of dollars selling these credits and has not been forthcoming with investors regarding the existence of the criminal investigation. According to the Senate Finance Committee, White River has failed to file financial disclosure documents with the SEC since March 15, 2024, missing six consecutive reporting periods. The letter instructs White River to disclose the existence of the DOJ criminal tax investigation, and calls on the SEC to take action if White River fails to do so....

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