Favoring Transparency Over Contractors' Rights

Law360, New York (March 28, 2011, 3:11 PM EDT) -- The Obama administration’s focus on transparency has drastically changed the landscape of government procurement. To increase scrutiny of contractor integrity and improve the quality of contractor performance, Section 872 of the National Defense Authorization Act for Fiscal Year 2009[1] required the General Services Administration (“GSA”) to create a system containing specific information on covered federal government contractors’ integrity and performance.

In response, on March 23, 2010, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the “FAR Councils”) amended the Federal Acquisition Regulation (“FAR”)...
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