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OFPP Still Myth-Busting, Seeks to Improve Industry Engagement on Acquisition Issues

Client Alert | 1 min read | 05.30.19

On April 30, 2019, the Office of Federal Procurement Policy (OFPP) issued its fourth Myth-Busting memorandum, the purpose of which is to:

  • “[I]mprove awareness of vendor engagement strategies that Federal procurement thought leaders are using to create a more responsive buying process, modernize the acquisition culture, and deliver greater value to the taxpayer.”
  • Ask “each Chief Financial Officers Act (CFO Act) agency to ensure it has designated an industry liaison to work with the agency’s Acquisition Innovation Advocate (AIA), the Office of Small Disadvantaged Business Utilization (OSDBU), and other key acquisition personnel to promote modern vendor communication practices and counter misconceptions that drive today’s risk aversion culture[,]” i.e., “to serve as a conduit among acquisition stakeholders and promote strong agency vendor communication practices.”

The memorandum also:

  • “[H]ighlights ten misconceptions related to innovative practices” (three of which address key issues in acquisition innovation and the remainder of which address communicating with industry).
  • “[S]howcases successful agency efforts[.]” 
  • Explains that “new examples will be posted on the Innovation Hub of the Acquisition Gateway to foster dynamic conversations among the acquisition workforce.”

Insights

Client Alert | 4 min read | 04.14.25

A New Sheriff in Town: State Attorneys General Take Action To Enforce Violations of the Foreign Corrupt Practices Act

Foreign Corrupt Practices Act (“FCPA”) enforcement has been fairly predictable for many years as the Fraud Section of the Department of Justice (“DOJ”) has maintained exclusive authority over investigating claims and bringing enforcement actions in federal courts across the country. President Trump’s recent pause on FCPA enforcement, the first of its kind since the statute was passed in 1977, has created significant uncertainty for individuals and businesses operating internationally regarding the future of FCPA enforcement. While DOJ is in the process of assessing what the future of FCPA enforcement, state attorneys general are stepping in. On April 2, California Attorney General Rob Bonta issued a Legal Advisory (the “Advisory) to California businesses explaining that violations of the FCPA are actionable under California’s Unfair Competition Law (UCL). The announcement signals a shift in FCPA enforcement where states may take the lead and pursue FCPA enforcement through their state unfair competition laws....