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Another Salvo in the War for Control of Contractor "Systems" Approval

Client Alert | 1 min read | 08.20.10

In the "Report on Allegation of Unsatisfactory Conditions Regarding Actions by the Defense Contract Management Agency, Earned Value Management Center" (July 28, 2010 http://www.dodig.mil/Audit/reports/fy10/apo/D-2010-6-002.pdf), the DoD Inspector General recommended that the Defense Contract Management Agency "prohibit joint surveillance reviews or other joint activities with a contractor" in order to avoid compromising DCMA's "independence" and to take action to increase DCAA "participation" in Earned Value Management Systems audits. While DCMA did not concur in many of the recommendations in the IG report, if the IG recommendations were adopted they would inevitably be applicable to other contractor "systems" issues, make it more difficult for contracting officers to resolve systems issues raised by DCAA, and have a decidedly negative impact on compliance and contract administration activities in the procurement process.

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Client Alert | 7 min read | 01.05.26

Consideration of Artificial Intelligence in Arbitration Terms of Reference

As artificial intelligence (AI) continues to evolve and integrate into various aspects of legal practice, counsel and arbitral tribunals drawing up their Terms of Reference (TOR) establishing the terms of the dispute being referred to arbitration and also formulating their procedural orders should consider the implications of AI. This client alert highlights the importance of addressing AI in TOR negotiations and provides an overview of likely topics international arbitration practitioners can expect to treat in TORs and procedural orders....