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National Defense August 2010 McQuade & Jack |
New Rule Proposed For Organizational Conflicts of Interest The Defense Department issued a proposed rule to amend the Defense Federal Acquisition Regulation Supplement to impose uniform guidance and tighten existing regulations on organizational conflicts of interest. |
National Defense February 2010 Sean M. Connolly |
New Personal Conflicts of Interest Rules Proposed Federal Acquisition Regulations call for contractors to police their employees' personal conflicts of interest or face serious disciplinary action. |
National Defense August 2011 D'Agostino & Jack |
New Rule Proposed For Organizational Conflicts of Interest On April 26, the government proposed major changes to rules concerning organizational conflicts of interest under the Federal Acquisition Regulation. |
National Defense May 2008 Moorhouse & Connolly |
Contractors' Conflicts of Interest Under Scrutiny Contractors may soon be required to police their employees' personal conflicts of interest. |
National Defense September 2009 Laura Kennedy |
Tighter Rules For Conflicts Of Interest The new tighter controls on conflicts of interest are forcing defense contractors to become more vigilant to free their relationships from conflicts in all its forms. |
National Defense February 2012 Sean M. Connolly |
Update Emerges For New Personal Conflicts of Interest Rule Effective Dec. 2, 2011, the Federal Acquisition Regulation requires U.S. government contractors and subcontractors to prevent personal conflicts of interest that arise during their employees' performance of certain acquisition functions. |
National Defense April 2006 Jim D'Agostino et al. |
Companies Must Avoid "Impaired Objectivity," Conflicts of Interest Such conflicts now have the attention of Congress and the administration, and will influence many future procurement decisions. The issue also will affect future company merger and acquisition decisions. |
National Defense January 2009 Reeder & Connolly |
Conflict-of-Interest Plight Can Be Avoided Recently, one of the nation's largest government contractors faced a federal jury verdict that it violated the False Claims Act and breached two contracts with an independent federal agency based on failure to disclose conflicts of interest. |
National Defense February 2008 Joseph J. Summerill |
Congress to Enact New Accountability in Contracting Congressional interest in oversight of government contracting began early last year with separate bills during the first three months of the 110th Congress in both the House and Senate that provided for contractor oversight and limited the number of sole source contracts. |
National Defense October 2005 Stafford & Hickey |
Defense Industry Teams Must Consider Conflict-of-Interest Concerns Contractor teaming arrangements, long a defense industry fixture, have become even more popular in recent years. Companies need to be aware, however, of the Organizational Conflicts of Interest (OCI) policies that govern these arrangements. |
National Defense May 2009 Moorhouse & Connolly |
Further Government Contracting Reform on the Obama Agenda The administration has committed to take specific steps to reduce wasteful spending, overcharges, and fraud. |
National Defense December 2009 McGrath & Connolly |
Industry Should Prepare for Review of Ethics Programs Contractors may soon have more complete answers as to how the Defense Department will verify contractor compliance with the Federal Acquisition Regulation's recent ethics program requirements. |
National Defense April 2008 McGrath & Connolly |
New Rules For Federal Contracts Effective Dec. 24, 2007, the government-wide federal acquisition regulation (FAR) mandates a written code of ethics for almost all government contractors. |
National Defense April 2011 D'Agostino & Goodwin |
Lessons Learned From Latest Ethics Violation The Defense Department's inspector general's office in January reported instances of noncompliance with the Federal Acquisition Regulation, and recommended remedial action to improve the Army Logistics Civil Augmentation Program IV support contract. |
National Defense March 2012 Jacob Pankowski |
Take Heed of Post-Employment Restrictions The new Defense Acquisition Regulation System clause requires offers on Defense Department contracts to represent that all covered ex-department officials expected to work on any resulting contract are in compliance with all post-employment restrictions. |
National Defense February 2009 McGrath & Connolly |
Final Rules on Mandatory Disclosure Effective Dec. 12, 2008, government contractors will face what rule authors characterize as a "sea change" in how government enforcement authorities expect to govern in the future. |
Parameters Autumn 2008 Steven L. Schooner |
Why Contractor Fatalities Matter Apprising the American public that the true human cost associated with military operations includes contractors and exceeds 6,000 is critical to making informed decisions for the future. |
National Defense May 2013 Canni & Levy |
Agencies Becoming More Aggressive in Pursuit of Contractor Wrongdoing After years of congressional complaints, federal agencies are responding to concerns about how they handle contractor debarments and suspensions. New civilian debarment offices have emerged and are becoming active. |
National Defense May 2010 Dorn C. McGrath |
Contractors Must Begin to Update Integrity Database The National Defense Authorization Act of 2009 now requires the government to develop and maintain an information system containing specific information on the integrity and performance of federal contractors and grantees. |
National Defense February 2009 David H. Laufman |
Mandatory Disclosure Regime Raises Stakes for Contractors A new regulatory enforcement regime has now commenced that underscores the Department of Justice's aggressive approach to procurement fraud and dramatically increases the compliance and disclosure obligations of defense contractors. |
National Defense February 2004 James McAleese |
Safe Harbors of Ethical Conduct Needed in Defense Procurement In light of a recent series of isolated, highly controversial public scandals with respect to several major defense acquisition programs, it is important to create "safe harbors" of conduct so that both government and contractor personnel can work as a cohesive team . |
National Defense July 2005 Dorn McGrath |
When Are Defense Contracts In Effect `Non-Defense'? For several years, Congress has been concerned that the Defense Department's use of "assisting" procurement agencies and other contracting vehicles has concealed poor acquisition planning or attempts to circumvent limits placed on funding. |
National Defense November 2013 John D. Altenburg |
Winding Down War Zone Contracts As with any arduous task for which a completion date is announced, the government assumed the risk of Afghanistan defense contractor lethargy -- or worse -- when it announced when the war will end. |
National Defense December 2009 Sandra I. Erwin |
Life to Become More Difficult For Some Defense Contractors Scrutiny is nothing new in the defense industry, but nonetheless contractors can expect more aggressive auditing and generally tighter enforcement of existing regulations. |
National Defense April 2012 McGrath & Jack |
Publicly Available Information Should Be Promptly Reviewed As of Jan. 3, contractors have seven calendar days to review information after it is posted in the Federal Awardee Performance and Integrity Information System and object to its public release if a Freedom of Information Act exemption applies. |
National Defense March 2007 Ebner & Menker |
Message to Industry: `Do the Right Thing' Recent headlines have raised concerns about how federal procurements were handled on a variety of levels. Introduced last fall, a bill entitled the Clean Contracting Act may pass in the 110th Congress. These proposed changes are a harbinger of things that may come. |
National Defense March 2015 Grandon & Robbins |
Suspension and Debarment of Contractors: Is It Going Too Far? Suspensions and debarments to exclude government contractors from the federal marketplace incite passions on all sides. |
National Defense December 2007 Sandra I. Erwin |
For Contractors in War Zones, Business Will Keep Growing The constant sniping in Washington about military contractors ignores the inescapable conclusion that the privatization of government functions not only is here to stay, but is going to get bigger. |
National Defense January 2016 Cassidy et al. |
Defense Increases Scrutiny of Supply Chain The Defense Department has offered some clarification on how it plans to deal with suppliers that pose potential security risks. |
National Defense November 2014 Tompkins et al. |
Executive Orders Require Vendors' Attention While the use of executive orders and the federal procurement process to implement non-procurement policy are not new phenomena, contractors should consider these issues with renewed focus. |
National Defense June 2010 Sandra I. Erwin |
Battle Royale Brewing Between Government Contractors, Auditors The U.S. government is launching new crackdowns on federal contractors at a time when the Defense Department and other agencies depend more than ever on private-sector help. |
National Defense July 2007 Manik K. Rath |
Mergers, Acquisitions Call for Added Scrutiny When acquiring or merging with any government contractor, reviewing ethics policies, compliance programs, and all recent voluntary disclosures will provide a wealth of invaluable information. |
National Defense March 2011 Denis Chamberland |
Contractors on the Battlefield: Outsourcing of Military Services The last decade has witnessed a sharp increase in the scale of outsourcing of military services to third parties, emphasizing the importance of integrating contractor support into military operations and generating efficiencies. |
National Defense January 2012 David Hickey |
Cutting Costs Does Not Require Cutting Compliance Lest anyone think the federal government will tolerate less contractor compliance, the current environment indicates that it is much more likely that the government will pursue allegations of non-compliance, fraud, waste and abuse with even greater vigor. |
National Defense December 2011 Moorhouse & Jack |
Frivolous Bid Protests Come With Risks The government and contractors both invest heavily in the lead up to contract formation, and both are expected to behave ethically towards one another with complete integrity. |
National Defense July 2015 Terry L. Elling |
How to Recruit Government Workers For many government contractors, current and former government employees -- including military service members -- comprise an experienced and valued source of talent. |
National Defense June 2014 David Robbins |
Embracing Mandatory Disclosure Can Save Contractors Time, Trouble and Legal Fees The mandatory disclosure rule -- which requires federal government contractors to report fraud and overpayments -- is in the news again. |
National Defense January 2008 Alan L. Gropman |
Government Needs to Reexamine Rules for Battlefield Contractors The contractor headcount in Iraq nearly matches U.S. troop strength, which raises questions of whether the private sector's role in combat operations has outpaced regulatory, doctrinal and management practices. |
National Defense March 2009 Stafford & Goodwin |
Contractors Should Protect Their Reputation The Past Performance Information Retrieval System is a government-wide portal through which contractors can access government performance assessments of their contracts. |
National Defense June 2008 D'Agostino & Parker |
Self-Disclosure Rules Create Ambiguities It is unclear if a recently proposed disclosure regulation will become final, but the attention it has received from Congress suggests increased mandatory disclosure is likely to occur in some form. |
National Defense October 2011 Steve Epstein |
Defense Department Contractors May See New Hiring Regulations A proposed Defense Department regulation, if implemented, will substantially change how contractors hire, oversee and track certain former civilian and military personnel. |
National Defense February 2013 Jack & Kaprove |
New Anti-Human Trafficking Rules to Come A new presidential executive order released on Sept. 25 enhanced anti-trafficking compliance obligations covering federal contractors. |
National Defense May 2005 Dorn McGrath |
Misconduct Unrelated to Federal Contracts Could Lead To Suspension or Debarment Front-page stories on Enron, Arthur Andersen and WorldCom should make evident that failure to fully integrate corporate compliance throughout the company could prove fatal to government business. |
National Defense February 2016 Fenster et al. |
Don't Bank on Relief from DCAA Audits The Truth in Negotiations Act is a statute with which defense contractors are likely familiar. It requires contractors to submit current, accurate and complete cost or pricing data when negotiating certain contracts with the government. |
National Defense March 2005 Roxana Tiron |
Contractor Security The Defense Department's relationship with contractors is changing as it becomes more reliant on them. |
National Defense November 2004 Roxana Tiron |
Pentagon Still Undecided on Policies to Protect Contractors As contractors increasingly fall in the cross hairs of insurgents in Iraq, the Defense Department is struggling to figure out how to account for them, provide for their security and, if necessary, rescue them. |
National Defense September 2010 Bombach & Jack |
Contractors Must Take Ownership of Export Control Compliance A recent change to the Defense Federal Acquisition Regulation Supplement provides an important reminder that all Defense Department contractors and subcontractors must implement effective export controls compliance programs to meet government contracting requirements. |
National Defense June 2008 Jerry Stouck |
Right and Wrong Ways To Use Others' Patents By statute, the military and other government agencies have the right to use any patented invention to further valid government missions, and this right may be extended to government contractors. |
National Defense January 2007 David Hickey |
Companies Must Set and Review Compliance Priorities As 2006 closed, the Department of Justice's criminal division announced the formal creation of a national task force "to promote the prevention, early detection and prosecution of procurement fraud." |
Parameters Autumn 2008 Mark Cancian |
Contractors: The New Element of Military Force Structure The purpose of this article is to examine what battlefield contractors do, consider how we got to the situation we are in today, and provide force planners with some useful insight regarding the future. |