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Silence = Acquiescence: Government Stuck with Contractor’s Interpretation that was Provided with its Proposal

Client Alert | 1 min read | 03.18.20

On February 7, 2020, the ASBCA sustained the appeal of Command Languages, Inc. d/b/a CLI Solutions (CLI) against the Army over increased costs to translate technical manuals. CLI contracted with the Army to translate advanced level armored vehicle maintenance manuals for use by the Afghanistan Army. The advanced level manuals included tasks from basic level manuals, but CLI only incorporated these tasks by reference – the tasks themselves were not translated. CLI and the Army disagreed over whether contract language stating that the basic manuals were provided to the contractor as government furnished information (GFI) “for reference” permitted CLI to incorporate information from them by reference. The Board found that CLI’s contract interpretation was reasonable, given that CLI notified the Army of its intent to use this reference-only approach and provided sample manuals, and the Army had no objections to this approach prior to performance. The Board pointed out that the contract gave CLI the option to utilize GFI in the “most effective” manner of its choosing when creating the advanced manuals, and there was no contract language prohibiting CLI’s method. The Board also found that the Army did not challenge CLI’s approach until after performance started. 

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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. ...