"Rebalancing" The Federal Workforce
Client Alert | less than 1 min read | 05.06.10
On March 31, 2010, the Office of Federal Procurement Policy (OFPP) in OMB issued a proposed policy letter to provide guidance to the Executive Branch regarding when work must be reserved for Federal employees, whether that work is "inherently governmental" (100% of which must be reserved), or "closely associated with governmental functions" and "critical functions" (some portion of which must be reserved). The recently-appointed Administrator of OFPP, Daniel Gordon, made clear at an April 26 ABA meeting that the purpose of the draft guidance is to "rebalance" the Federal government's relationship with contractors, who are, according to Administration, currently filling jobs that should be reserved for Federal employees.
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Client Alert | 4 min read | 09.15.26
GAO Indicates Reasonable Conflict of Interest Investigation Must Include Inquiry of Involved Firm
The U.S. Government Accountability Office’s (GAO) recent decision in Viderity Inc.—Costs, B-424422.5, Sept. 1, 2026, offers useful insight into what constitutes a legally sufficient conflict of interest investigation. The decision arose in an unusual procedural posture: Viderity initially protested, alleging that an agency evaluator had a personal conflict of interest. After the agency took corrective action, Viderity filed a cost entitlement claim requesting that GAO direct the agency to reimburse Viderity’s protest costs. In evaluating that claim, GAO assessed whether Viderity’s underlying protest ground was “clearly meritorious.”
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