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Potential OCI Short-Circuits Sole-Source Award

Client Alert | less than 1 min read | 01.17.08

In Superlative Technologies, Inc. (Jan. 4, 2008, http://www.gao.gov/decisions/bidpro/310489.pdf), GAO held improper the cancellation of a solicitation by DOJ due to potential Procurement Integrity Act (PIA) and organizational conflict of interest unfair competitive advantage problems when DOJ turned around and awarded a sole-source contract for the same work to a contractor using as a subcontractor the company with the PIA/OCI problem. GAO recommended that DOJ reopen the competition and follow the procurement integrity and OCI regulations to determine the scope of the problem and whether any offerors should be disqualified or other corrective actions should be required.

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Client Alert | 4 min read | 03.04.26

Sixth Circuit Finds EFAA Arbitration Bar to Entire Case — Not Just Sexual Harassment Claims

The United States Court of Appeals for the Sixth Circuit held, in an issue of first impression for that court, that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) renders an employer’s pre-dispute arbitration agreement unenforceable as to a plaintiff's entire lawsuit, whenever the lawsuit includes a viable sexual harassment claim....