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Imminent Qualification As Source Must Be Considered By Agency

Client Alert | less than 1 min read | 01.17.07

In Barnes Aerospace Group (Dec. 26, 2006, http://www.gao.gov/decisions/bidpro/298864.pdf), GAO sustained a challenge to the Air Force's sole-source award for the repair of certain "aviation critical safety item" aircraft parts to the purportedly lone qualified source. GAO found that (1) the Air Force improperly proceeded on the basis of a sole-source justification (prepared even before the pre-solicitation notice was issued) that did not consider the protester's potentially imminent qualification as a second approved source, and (2) the Air Force engaged in unequal treatment by ignoring the awardee's own failure to requalify as an approved source.

Insights

Client Alert | 3 min read | 08.18.25

FCPA Enforcement Continues to Evolve with Newly Unsealed Indictment

On August 11, 2025, the U.S. Department of Justice (“DOJ”) announced that it had unsealed an indictment against two Mexican businessmen for alleged violations of the Foreign Corrupt Practices Act (“FCPA”). DOJ asserts that the defendants, both Mexican nationals living in Texas, paid bribes to officials at Petróleos Mexicanos (“PEMEX”), and its subsidiary, PEMEX Exploración y Producción (“PEP”) to secure contracts worth an estimated $2.5 million. These charges come amidst a period of uncertainty regarding FCPA enforcement following the Trump administration’s temporary pause on FCPA enforcement and the subsequent issuance of new investigation and enforcement guidelines....