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Lack Of Experience Can Be Cured

Client Alert | 1 min read | 06.02.06

In T Square Logistics Services Corp. – Costs (Apr. 26, 2006, http://www.gao.gov/decisions/bidpro/2977904.pdf), a decision triggered by the agency's refusal to pay protest costs following a corrective action, GAO held that the original protest was clearly meritorious because the agency had failed to conduct meaningful discussions to disclose its concerns about the protester's lack of experience in several functional areas relevant to the contract. Rejecting the agency's argument that no discussions were required because the lack of experience could not be cured in a revised proposal, GAO noted that protester had asserted that, had it been advised of the agency's concerns, it would have proposed subcontractors with the necessary experience.

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Client Alert | 3 min read | 04.23.24

DOJ Promises NPAs to Certain Individuals Through New Voluntary Self-Disclosure Pilot Program

On April 15, 2024, the Acting Assistant Attorney General for the Criminal Division of the Department of Justice (“DOJ”) Nicole Argentieri announced a new Pilot Program on Voluntary Self-Disclosure for Individuals (“Pilot Program” or “Program”). The Pilot Program offers a clear path for voluntary self-disclosure by certain corporate executives and other individuals who are themselves involved in misconduct by corporations, in exchange for a Non-Prosecution Agreement (“NPA”). The Pilot Program specifically targets individuals who disclose to the Criminal Division at DOJ in Washington, D.C. information about certain corporate criminal conduct. By carving out a clear path to non-prosecution for those who qualify, DOJ has created another tool to uncover complex crimes that might not otherwise be reported to the Department. ...