Congress Clamps Down On OCIs & Competition For DoD Major Systems
Client Alert | 1 min read | 05.26.09
On May 22, 2009, President Obama signed into law the Weapons Systems Acquisition Reform Act of 2009 (S. 454), which, among other things, requires DoD "to ensure competition" on all major defense acquisition programs at the prime contractor and subcontractor levels using measures such as (i) competitive prototyping; (ii) dual-sourcing; (iii) funding of a second source; (iv) utilization of modular, open architectures; and (v) periodic competitions for subsystem upgrades. DoD must also revise the DFARS to address Organizational Conflicts of Interest in procurements for major systems as follows: (i) DoD must generally receive advice on systems architecture and systems engineering matters from federally funded research and development centers or another source that is independent of the prime contractor; and (ii) subject to a few narrow exceptions, contracts for the performance of systems engineering and technical assistance must contain a provision prohibiting the contractor or any affiliate from participating as the prime contractor or major subcontractor for the development or construction of the system.
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Client Alert | 3 min read | 11.21.25
On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future.
Client Alert | 3 min read | 11.20.25
Client Alert | 3 min read | 11.20.25
Client Alert | 6 min read | 11.19.25
