Parent's No-Debarment Agreement Doesn't Stop CO Finding Sub Lacks Integrity
Client Alert | less than 1 min read | 08.21.08
In OSG Product Tankers, LLC v. U.S. (June 30, 2008), the Court of Federal Claims held that a CO could disqualify a contractor as not "presently responsible" due to lack of integrity because the contractor's parent had pled guilty to a number of felonies, despite an agency settlement agreement with the parent ruling out the parent's debarment as long as it complied with its plea agreement. According to the court, the debarment settlement involving the parent did not estop the CO's independent non-responsibility decision regarding the subsidiary, even though the lack of integrity finding was based on the actions of the parent.
Insights
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OPO Hospital Waiver Litigation: Trends and Takeaways
Despite facing existential challenges in several federal courts, the performance metrics established by the Centers for Medicare and Medicaid Services’ (CMS) 2020 Final Rule for organ procurement organizations (OPO) appear to be, at least for now, withstanding scrutiny in litigation proceedings.
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Washington State Bans and Voids Most Noncompetes, Narrows Nonsolicits
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Déjà Vu? New Executive Order Outlines Restrictions on Contractor and Subcontractor DEI Activity
