Small Business

Problems Abound with DOD’s Proposed IRAD Rule

On November 4, 2016, the Department of Defense proposed a new rule applicable to major defense contractors who expect to use future independent research and development (“IRAD”) to perform DoD contracts.  The proposed rule requires DoD agencies to assign an evaluation cost penalty to the proposed price of any contractor expecting to receive reimbursement from ...›

FCA
February 2, 2017False Claims Act

10 Key FCA Developments Of 2016

2016 was another active year in the land of False Claims Act enforcement. The U.S. Department of Justice continued to set recovery records and turned its eye more keenly on enforcement of individuals. We heard from the Supreme Court not once, but twice, on FCA issues. Per-claim penalties increased as of Aug. 1, opening the ...›

Litigation
February 1, 2017Protests & Litigation

January 2017 Protest Roundup

Two common themes run through the cases we have chosen for this month’s bid protest roundup.  The first three decisions explore some pitfalls relating to the timeliness of proposals and protest grounds.  The last two highlight the fact that the Government Accountability Office’s (GAO) well-known deference to agency discretion does not extend to matters where ...›

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 ...›