On January 8, the Government Accountability Office (GAO) sustained a pre-award bid protest filed by Bass, Berry & Sims PLC (Bass Berry), which challenged the Federal Law Enforcement Training Centers’ (FLETC or the Agency) determination to exclude the protester, UNICA-BPA JV, LLC (UNICA), from a competition when UNICA had an active SAM registration at the
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Athira Pharma Inc. Agrees to Settle False Claims Act Allegations
On January 6, the Department of Justice (DOJ) announced that Athira Pharma Inc., a Washington-based biopharmaceutical company, agreed to pay over $4 million to settle allegations it violated the False Claims Act (FCA). The DOJ alleges Athira failed to report allegations of research misconduct in its grant applications, award progress reports, and assurances. The settlement
Bid Protest Minute: Bidders Beware – Clearly Stated Solicitation Requirements Control
On November 15, the Government Accountability Office (GAO) denied a protest from AtVentures, LLC, a mentor-protégé joint venture, who challenged its exclusion from consideration for award on the basis that it was able to use the past performance of its protégé’s wholly-owned subsidiary to satisfy a solicitation requirement. GAO’s decision represents a cautionary tale for
Bid Protest Minute: COs Must Account for Corporate Restructuring When Assessing Qualifications
On November 13, the Government Accountability Office (GAO) sustained a protest by DecisionPoint Corporation concluding that when the Air Force determined EmeSec, a wholly owned subsidiary of DecisionPoint, was ineligible for award for not having the correct certification, it improperly ignored the effect of a novation. The GAO reasoned that the merger between EmeSec and
German Company Pays $14.55 Million to Settle Violations of U.S. Sanctions on Iran
Key Points:
- Long-arm of U.S. sanctions jurisdiction reaches conduct by European company.
- Violation involved shipment to Iran from Australia, a close U.S. ally.
On December 3, the Treasury Department’s Office of Foreign Assets Control (OFAC) announced that Aiotec GmbH, a German supplier of industrial equipment for the energy sector, agreed to pay $14,550,000 to settle
International Trade Enforcement Roundup – November 2024
You are reading the November 2024 Update of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox.
Ninth Circuit Deflates Contractor Minimum Wage Mandate
On November 5, the Court of Appeals for the Ninth Circuit held that the president lacks the authority under the Federal Property and Administrative Services Act (FPASA or Act) to impose a $15 minimum wage on federal contractors and remanded the case to the district court to reconsider in light of the Ninth Circuit’s decision.
Join Us for a Pre-Conference Workshop at the Global Export Controls Forum
I’m excited to kick off the American Conference Institute’s 14th Annual Advanced Forum on Global Export Controls with a pre-conference workshop on February 24, 2025, from 1:30–5:00 PM. Together with Sarah York, Senior Counsel for International Trade Compliance at GE Aerospace, I’ll lead Workshop B – An Updated Roadmap on Making High Stakes, Time-Sensitive Decisions
“Small” Space Companies: Growth Comes at a Cost
Space has become central to protecting U.S. national security interests as Americans increasingly rely on space-based services to support everyday life. As a result, the U.S. government has bolstered investment in the space sector creating a wealth of opportunities for contractors. For example, the U.S. Department of Defense’s (DoD) budget request for fiscal year 2025
Register Now | Small Businesses as Inorganic Growth Targets Webinar
Join me on December 3 for a webinar where I’ll dive into why small GovCon businesses with set-aside designations could be particularly attractive for acquisition in 2025. If you’re looking to enter the full and open market, acquiring a set-aside company may be a strategic path to hitting that elusive $100 million revenue target before