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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 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 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 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 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 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 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 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 September 2013 Sandra I. Erwin |
New Whistleblower Law: What It Means for DoD Contractors Thanks to a new contractor whistleblower protection law, the Inspector General hotline might begin to ring more often in the years ahead, government officials and watchdog groups predict. |
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 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 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 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 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 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 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 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 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 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 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 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 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 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 May 2011 Dawn M. Lurie |
DHS Expands Monitoring of Federal Contractors This initiative includes a sharp focus on employer compliance along with higher fines for those hiring undocumented workers. |
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 September 2012 Richard L. Moorhouse |
Implementing Evolving Disclosure Rules Federal government oversight, scrutiny of contractors and enforcement actions are on the rise. |
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 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 2012 David T. Hickey |
Small Business Compliance Issues Receive Increased Scrutiny The president and his administration, lawmakers, prosecutors, inspectors general, auditors, reporters, whistleblowers, company compliance officers, and industry watchdogs all seek to identify and eliminate fraud, waste and abuse from federal programs. |
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 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. |
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 January 2016 Thomas B. McVey |
Executives: Be Wary of Export Regulations One of the important legal requirements facing defense contractors is compliance with International Traffic in Arms Regulations and export controls. |
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 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 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 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 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 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 2009 Sandra I. Erwin |
Industry Braces for Bigger Crackdown on Corruption Federal regulators recently introduced new anticorruption rules that lawyers inside the Beltway have characterized as unprecedented in their scope and power. |
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 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 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 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 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 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. |
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 January 2014 Cannon & Scott |
Anti-Bribery Law Demands Vigilance November marked the one-year anniversary of the release of the resource guide to the Foreign Corrupt Practices Act, and should serve to remind all defense contractors of the critical importance of keeping their compliance program current and effective. |