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Veterans Affairs Snubs GAO?

Client Alert | less than 1 min read | 10.24.11

In Aldevra, GAO held that the Veterans Benefits, Health Care, and Information Technology Act of 2006 and implementing regulations required the Department of Veterans Affairs to conduct procurements as service-disabled, veteran-owned, small-business set-asides (if market research first showed that two or more SDVOSB’s could perform the work), before purchasing from the Federal Supply Schedule.  In a rare instance of an agency defying a GAO recommendation, the VA has reportedly decided that, because “Executive Branch agencies are not bound by GAO's legal advice,” the GAO decision should not be followed, advising VA acquisition and procurement professionals “to continue using the Federal Supply Schedules Program.”

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Client Alert | 3 min read | 04.14.26

DOJ’s False Claims Act Resolution Against IBM Signals Heightened Risk for Federal Contractors with DEI Programs

On Friday, April 10, 2026, the U.S. Department of Justice (DOJ) announced that International Business Machines Corporation (IBM) has agreed to pay just over $17 million to resolve allegations that it violated the False Claims Act (FCA) by failing to comply with federal anti-discrimination requirements incorporated into its federal contracts due to allegedly discriminatory diversity, equity, and inclusion (DEI) employment practices. This resolution marks the first FCA settlement secured by the DOJ under its Civil Rights Fraud Initiative, created in May 2025, and announced by then-Deputy Attorney General Todd Blanche as part of the administration’s coordinated efforts to target allegedly unlawful DEI practices. Per the agreement, the settlement is neither an admission of liability by IBM nor a concession by the United States that its claims are not well founded....