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National Defense October 2014 Robert S. Metzger |
New Rule Addresses Supply Chain Assurance There are some new rules on counterfeit parts that defense contractors must now abide. |
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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. |
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 May 2008 Moorhouse & Connolly |
Contractors' Conflicts of Interest Under Scrutiny Contractors may soon be required to police their employees' personal conflicts of interest. |
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. |
National Defense June 2009 Sandra I. Erwin |
A Prescription for the Air Force's Ailing Acquisition System Air Force Secretary Michael B. Donley and Chief of Staff Gen. Norton A. Schwartz sign off on an "acquisition improvement plan" that articulates current flaws in the service's weapons procurement process and proposes ways to fix them. |
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 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 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 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 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 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 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 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. |
Inc. September 2008 |
Ask Inc.: Selling to the Government How to break into the government's supply chain. |