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Alternative Procurement Yields Protestor Bid Preparation Costs

Client Alert | less than 1 min read | 10.02.08

Klinge Corp. v. U.S. (Sept. 30, 2008) presented the unusual situation of the agency, after remand from a successful protest of an IDIQ award, purchasing the items under a separate Federal Supply Schedule contract instead. Perceiving no attempt to circumvent the prior ruling of the court or otherwise to act in bad faith, the CFC found that the two awards could have overlapped in any event and refused to enjoin the FSS award, while awarding the protestor its bid preparation costs under the original solicitation.

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Client Alert | 3 min read | 04.14.26

DOJ’s False Claims Act Resolution Against IBM Signals Heightened Risk for Federal Contractors with DEI Programs

On Friday, April 10, 2026, the U.S. Department of Justice (DOJ) announced that International Business Machines Corporation (IBM) has agreed to pay just over $17 million to resolve allegations that it violated the False Claims Act (FCA) by failing to comply with federal anti-discrimination requirements incorporated into its federal contracts due to allegedly discriminatory diversity, equity, and inclusion (DEI) employment practices. This resolution marks the first FCA settlement secured by the DOJ under its Civil Rights Fraud Initiative, created in May 2025, and announced by then-Deputy Attorney General Todd Blanche as part of the administration’s coordinated efforts to target allegedly unlawful DEI practices. Per the agreement, the settlement is neither an admission of liability by IBM nor a concession by the United States that its claims are not well founded....