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Section 809 Panel Releases Volume 3 Report and Recommendations

Client Alert | 1 min read | 01.16.19

On January 15, the Section 809 Panel released the final installment of its three-volume report, this time including recommendations on, among other topics, bid protests, contractor accounting systems, and government-industry interactions. (The panel released Volume 1 in January 2018 and Volume 2 in June 2018).

The Volume 3 recommendations, if implemented, could have far-reaching effects. For example, the panel recommends eliminating certain bid protests, such as second bite at the apple Court of Federal Claims protests after earlier GAO protests; adopting a “professional practice guide” for DoD and those supporting DoD in its contract audits; and encouraging greater government “interaction with industry during market research.”

Keep an eye on our blog and podcasts in the coming weeks, as we will be providing further detailed analysis of the panel’s various recommendations.

Insights

Client Alert | 4 min read | 07.22.26

FCPA and National Security Objectives Align: DOJ Announces First Settlement Related to Bribes That Benefited Mexican Cartels

On July 17, 2026, the United States Department of Justice (DOJ) announced that it had entered into a Deferred Prosecution Agreement (DPA) with The Scoular Company (Scoular), an agricultural supply chain company based in Omaha, Nebraska, to resolve allegations that Scoular relied on customs brokers to bribe Mexican government officials to allow Scoular goods to pass customs inspections and be delivered to Mexico from the United States. As part of its resolution, Scoular agreed to pay a $9,769,521 criminal penalty and forfeit an additional $414,351. Scoular also committed to continue cooperating with DOJ on any ongoing or future criminal investigations, implement a compliance and ethics program designed to prevent and detect violations of the Foreign Corrupt Practices Act (FCPA), and periodically report to DOJ on remediation and implementation of compliance measures throughout the term of the DPA....