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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 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.
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 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 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 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 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 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 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 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 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 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 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 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 June 2006 D'Agostino & Hickey	Career Transitions, Conflicts of Interest Employees by the thousands transition from military and civilian government service to the private sector. These employees and the companies recruiting and employing them must know the ethical rules applying to the different phases of this transition.
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 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 May 2012 Stafford & Kaprove	Mitigating the Risk of Defense Base Act Insurance The Defense Base Act requires many U.S. government contractors and subcontractors to provide workers' compensation insurance to their overseas-based employees working on U.S. military bases and government projects.
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 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 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 June 2015 Bruce J. Casino	All Government Contractors Subject to New Human Trafficking Rule Effective March 2, a new federal government rule concerning human trafficking went into effect, directly impacting all 300,000 plus government contractors and many more subcontractors.
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 August 2008 John Stafford & David Goodwin	Revised Rules for Battlefield Contractors The expansion of the Military Extraterritorial Jurisdiction Act of 2000 and the Uniform Code of Military Justice has complicated the legal environment for U.S. contractors co-located with military forces abroad.
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 March 2015 James A. "Ty" Hughes	Rules Issued to Combat Human Trafficking On Jan. 29, the Federal Acquisition Regulatory Council issued its final rule amending the federal acquisition regulations to strengthen protections against trafficking in persons in federal contracts.
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 January 2013 McGrath et al.	Tough Penalties for Failing to Comply With Immigration Rules Since 2009, the E-Verify Federal Contractor Rule requires most U.S. government contractors and subcontractors to verify the employment eligibility of employees assigned to federal contracts, and all newly hired employees.
National Defense November 2009 McGrath & Lurie	New Employment Eligibility Rules Take Effect As of Sept. 8, contractors and subcontractors must focus attention on the new "E-Verify" requirements to confirm employment eligibility of all newly hired employees and all employees assigned to federal government contracts.
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 June 2005 L. James D'Agostino	Raising the Bar To Meet the Next Wave of Reform Recent procurement scandals have prompted numerous ethics reform initiatives by federal prosecutors, regulators and legislators. Given the volume of spending related to Operation Iraqi Freedom and on-going homeland-security initiatives, the industry can expect the greatest level of scrutiny since Operation Ill Wind in the 1980s.
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 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.
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 August 2013 Valerie Insinna	Proposed Rules on Counterfeit Parts Puts Onus on Industry If implemented, new Defense Department regulations could leave contractors to foot the bill for the use of counterfeit parts.
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 September 2012 Richard L. Moorhouse	Implementing Evolving Disclosure Rules Federal government oversight, scrutiny of contractors and enforcement actions are on the rise.
Parameters Autumn 2007 Marc Lindemann	Civilian Contractors under Military Law The insertion of five words into Congress's fiscal year 2007 defense authorization act may now subject every civilian contractor operating in a combat zone to the discipline of the Uniform Code of Military Justice (UCMJ).
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.
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.
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 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 2014 Chris Nagel	Whistleblowers Cash In On False Claims Act A startling trend in defense contracting is the recent rise in payments made by industry to government agencies and whistleblowers under the False Claims Act.
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 March 2013 Lepow & Specht	New Defense Legislation a Mixed Bag for Small Business The 2013 National Defense Authorization Act included several provisions related to small businesses, which include expanded opportunities as well as potentially harsher penalties for failure to follow regulations.
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 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 December 2014 Campbell & Belkin	Proposed Reporting Rule On Counterfeit Items Adds Burden to Contractors The proposed rules expand obligations for defense and other government contracting manufacturers and suppliers well beyond mere counterfeit issues.