Small Business
January 31, 2017Compliance, Small Business

Prime Contractors Beware: Reduced or Untimely Subcontractor Payments May Require Reporting

A new Federal Acquisition Regulation (“FAR”) final rule that implements a section of the Small Business Jobs Act of 2010 requires certain prime contractors to “self-report” to their contracting officers all reduced or untimely payments to their small business subcontractors. 82 Fed. Reg. 93481. New FAR 52.242-5(b) explains that the “Contractor shall notify the Contracting Officer, ...›

FCPA
January 30, 2017Foreign Corrupt Practices Act

Top Ten International Anti-Corruption Developments for December 2016

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This month, we ask: How many corporate and individual enforcement actions did the U.S. Department of Justice (DOJ) and Securities and Exchange ...›

FCA
January 26, 2017Compliance, False Claims Act

FINAL FAR RULE: Prohibition on Reimbursement for Congressional Investigations and Inquiries

On January 13, 2017, the Department of Defense (“DoD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) issued a final rule, effective that day, that disallows costs incurred by a contractor in connection with a Congressional investigation or inquiry into an issue that is the subject matter of a proceeding resulting in ...›

Export Controls & Sanctions
January 24, 2017Export Controls & Sanctions

Amid Wave of Final Executive Actions, President Obama Eases Sanctions Against Sudan

On January 13, 2017, the White House issued an executive order revoking significant aspects of the sanctions in place against Sudan (that have been in effect since 1997).  In conjunction with the announcement, the Treasury Department Office of Foreign Assets Control (OFAC) announced a corresponding amendment to the Sudanese Sanctions Regulations (SSR), 31 C.F.R. part ...›

Cybersecurity

Important Takeaways from DHS’s Proposed Rule on Controlled Unclassified Information

The Department of Homeland Security (DHS) has now officially entered the government data security fray with its own proposed rule (HSAR Case 2015-001; 82 FR 6429; Jan. 19, 2017) for safeguarding Controlled Unclassified Information (CUI). We have previously commented on the National Archives and Record Administration’s Final Rule on CUI, the Department of Defense’s rules on ...›

Federal Procurement
January 18, 2017Federal Procurement

OFPP Finds What Contractors Have Known: Effective Debriefings Will Lead To Better Proposals And Fewer Protests

On January 5, 2017, the Office of Federal Procurement Policy (“OFPP”) released the third memorandum in its “Myth-busting” series. The third memo found that effective debriefings help to prevent protests and that there is clear room for improvement in the ways in which agencies conduct debriefings.  OFPP created the “myth-busting” series as part of an ...›

Litigation
January 10, 2017Protests & Litigation

2016 Protest Roundup

In addition to our regular recap of key protest decisions by the Government Accountability Office (GAO) and Court of Federal Claims this month, we have compiled a year-end recap of key bid protest decisions from 2016.  The number of protests, merits decisions, and sustained protests increased significantly in 2016 from years past, yet the overall ...›