Trying To Reconcile FAR Disclosure Rules With FOIA

Law360, New York (February 1, 2013, 12:41 PM EST) -- The proverbial “golden rule” of public procurement, embodied in Federal Acquisition Regulation 3.101-1, dictates that all public transactions be conducted with the utmost integrity, without any appearance of impropriety, and with preferential treatment afforded to no one.

For many years, and at least partially in support of this goal, federal government contractors were encouraged — but they were not required — to disclose to federal officials instances of known or reasonably suspected misconduct or fraud in the award or performance of a government contract. As an...
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