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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 October 2012 Goodwin & Kaprove	Staying Ahead of Proliferating Reporting Databases The government's newest online clearinghouse for past performance information for contractors is called the Federal Awardee Performance and Integrity Information System.
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 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 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 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.
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 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 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 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 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 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 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 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 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 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 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 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 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 October 2006 Fayad & Hickey	Internal Investigations: Accounting for In-House Costs This article examines the treatment of certain costs for an investigation and related corrective measures under the Federal Acquisition Regulation ("FAR"), and distinguishes those in-house costs that may be recovered from those that may not for government contractors.
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 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 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 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.
Mother Jones May/Jun 2002 Ken Silverstein	Unjust Rewards The government continues to award federal business worth billions to companies that repeatedly break the law. A Mother Jones investigation reveals which major contractors are the worst offenders...
National Defense March 2014 Hill & Haas	New Rule Forces Contractors to Report Cybersecurity Incidents The Defense Federal Acquisition Regulation Supplement Final Rule, issued Nov. 18, will provide increased protections for unclassified controlled technical information residing on or transiting through the networks of defense contractors and their subcontractors.
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 January 2011 Stafford & Stapleton	New Executive Pay Rules Go Into Effect The comment period recently ended for an interim rule, "Reporting Executive Compensation and First-Tier Subcontract Awards," which implements the Federal Funding Accountability and Transparency Act.
National Defense November 2007 Hickey & Connolly	Ethical Lapses Provide Valuable Training Tool A recently proposed amendment to the Federal Acquisition Regulations would call upon all government contractors to have a written code of ethics and business conduct.
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 May 2010 Stew Magnuson	DHS Promises More Penalties for Poorly Performing Contractors A senior Homeland Security official has promised more accountability after revelations that the department in its first years rarely ever suspended or debarred contractors for poor performance.
National Defense November 2006 James A. Hughes	Blended Workforce Poses Conflict of Interest Risks The Acquisition Advisory Panel noted the emergence of a "blended" workforce, where contractors work side-by-side with federal officials. The panel observed that the lines between governmental and commercial functions have blurred.
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 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 February 2006 Reeder & Hickey	Defense Industry Political Activities: Do's and Don'ts Basic knowledge of the do's and don'ts of corporate political activity will prevent serious and potentially embarrassing pitfalls, and corporate leaders must know or be able to assess quickly the nuances before permitting any financial participation by anyone.
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 April 2009 Hickey & Parker	White House Kicks Off New Wave of Reforms Pledges and actions in the president's first few weeks in office, signal that increased ethics restrictions on government appointees, lobbyists and contractors have arrived.
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 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 June 2006 Stuart B. Nibley	Defense Production Act Speeds Up Wartime Purchases The DPA is laced with provisions and omissions that leave gaps in the traditional relationship between the government and its contractors. Patriotic contractors will embrace the opportunity to assist the federal government. However, in doing so, they also must remain contractually agile and ever vigilant in guarding their legal rights.
National Defense October 2010 McGrath & Stapleton	New Amendment To Change Employee Litigation Rules The Franken Amendment bars defense contractors and subcontractors from requiring employees, as a condition of employment, to agree to mandatory arbitration of discrimination claims under Title VII of the Civil Rights Act of 1964, based on race, color, religion, sex or national origin.
National Defense July 2006 Dorn C. McGrath	What's Good for the Goose and the Gander Actual bad faith by government officials is relatively rare, but it happens, and making government officials accountable when it does occur is essential to the integrity of our procurement system.
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 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 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 October 2009 Stephen Epstein	Companies Must Beware of New 'Revolving Door' Policies Relationships between government and private contractor representatives must be carefully approached as recent front page stories highlighting allegations of collusion and impropriety have shown.
Home Toys December 2003	Selecting an Electrical Contractor What to do when it is time for the "wire to meet the walls"
National Defense April 2010 D'Agostino & Goodwin	What Contractors Should Know About Tax Certification President Obama's directive signals that increased enforcement measures that will be closely examining the tax certification in particular. A robust internal review process is important to ensuring accurate certifications.
This Old House Mark Steffen	Don't Fall for These Contractor Lines Sure, there are honest contractors. But there are rip-off artists too. Learn the words that are warning signs.
National Defense October 2015 Berry & Hutchens	Creating an Ethics Compliance Program Government agencies and mature prime contractors expect emerging contractors to reflect the same "culture of ethics and compliance" that large companies commit substantial resources to implementing.