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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.

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DOJ’s National Security Division Announces First Declination Under New Corporate Enforcement Policy With Parallel BIS Settlement

On June 17, 2026, the U.S. Department of Justice’s (DOJ( National Security Division (NSD) announced that it had issued a declination for Robert Bosch GmbH (Bosch) relating to potential violations of the Export Control Reform Act, 50 U.S.C. § 4819 (ECRA). Specifically, the DOJ declined to criminally prosecute Bosch’s violations of the Export Administration Regulations’ (EAR) Foreign Direct Product Rule (FDPR), which apparently resulted from two Bosch subsidiaries’ export of products and software manufactured with equipment that was the direct product of U.S. software or technology to Huawei Technologies Co., Ltd. and its “Entity List” affiliates, including Huawei Tech. Investment Co., Ltd., Hong Kong (collectively, Huawei). The same day, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a parallel civil administrative settlement with Bosch....

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