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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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 September 2012 Richard L. Moorhouse	Implementing Evolving Disclosure Rules Federal government oversight, scrutiny of contractors and enforcement actions are on the rise.
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 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 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 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 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 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 July 2012 D'Agostino & Bradel	Pitfalls Abound in Contract Disputes Act Claims Preparing and filing a certified claim under the Contract Disputes Act for payment from the government for performance of a contract generally is straightforward work for contractors and their legal counsel. Yet certified claims are not without ethical pitfalls.
National Defense October 2013 Moorhouse & Bradel	Not Hard to Run Afoul of False Claims Act Under the "reckless disregard" standard, a contractor can violate the act by not paying attention to the truth or dishonest information provided to the government in a manner that can be characterized as "reckless."
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 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 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 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 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 January 2011 Lawrence P. Farrell Jr.	Problems in U.S. Munitions Sector Illustrate Challenges for Industrial Base It is not yet apparent that senior policy makers have begun to assess what industrial capabilities must be preserved. Ensuring that the United States is able to maintain core industrial competencies must be a priority before a fiscal downturn becomes reality.
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 2005 Lawrence P. Farrell Jr.	Consistency, Consensus Needed on Industry Profits Although there is a widespread perception that defense contracts yield healthy profits, in reality, the way government officials view profits can be drastically different from the way industry measures that profit.
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 January 2010 Moorhouse & Connolly	Navigating Murky Executive Compensation Rules Executive compensation scrutiny is not new in the defense industry.
Foundation News & Commentary Jul/Aug 2005 Andras Kosaras	Thinking About an Audit? Read This First What kinds of grantmakers get audits and how should a foundation choose an auditor if it opts for this process?