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DoD Opens Dialogue With Industry on Open-Source Software

Client Alert | less than 1 min read | 12.07.11

Pursuant to a December 5 notice, DoD is hosting a public meeting on January 12, 2012, to obtain input from industry on the use of open-source software in its contracts.  DoD seeks to initiate dialogue in three main areas: (1) risks of copyright infringement liability for the Government and contractors who use or deliver open-source software and when that software includes proprietary or copyrighted material, (2) performance and warranty deficiencies faced by contractors when delivered open-source software does not meet contract requirements, and (3) whether the DFARS should be revised to delineate the Government’s rights when a contractor acquires open-source software for the Government.

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Client Alert | 4 min read | 09.15.26

GAO Indicates Reasonable Conflict of Interest Investigation Must Include Inquiry of Involved Firm

The U.S. Government Accountability Office’s (GAO) recent decision in Viderity Inc.—Costs, B-424422.5, Sept. 1, 2026, offers useful insight into what constitutes a legally sufficient conflict of interest investigation. The decision arose in an unusual procedural posture: Viderity initially protested, alleging that an agency evaluator had a personal conflict of interest. After the agency took corrective action, Viderity filed a cost entitlement claim requesting that GAO direct the agency to reimburse Viderity’s protest costs. In evaluating that claim, GAO assessed whether Viderity’s underlying protest ground was “clearly meritorious.”...