Topic Archives: Defense

December 10, 2015Compliance, Defense

Confidentiality Policies Cannot Prohibit Employees From Disclosing Contractor Fraud, Waste, and Abuse

The Department of Defense (DoD) has amended the Defense Federal Acquisition Regulation Supplement (DFARS) to make clear that contractors cannot require their employees or subcontractors to sign confidentiality agreements that would restrict the employees or subcontractors from reporting fraud, waste, or abuse, or cooperating with law enforcement investigations of such allegations. ...›

November 13, 2015Defense, National Security

New Department of Defense Requirements Relating to Supply Chain Risk

On October 30, 2015, the Defense Acquisition Regulations System of the Department of Defense (DoD) published in the Federal Register (80 FR 67244) a final rule (the “Final Rule”) that adopts with changes an interim rule (78 FR 69268) amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement § 806 of National Defense Authorization Act (NDAA) for FY 2011, “Requirements for Information Relating to Supply Chain Risk,” as amended by § 806 of the NDAA for FY 2013 (the “Interim Rule”). ...›

September 22, 2015Defense

Mitigating the Impact of a Government Shut Down

As of September 20, 2015, none of the 12 appropriations bills required to keep the federal government funded during fiscal year 2016 have been passed. Congressional gridlock over what should be included in the budget is such that many political analysts are reporting that not all of the bills will pass by October 1, 2015, and that there is a chance continuing resolutions will not be passed for all agencies. ...›

August 3, 2015Acquisition Regulations, Defense

New DoD Proposed Guidance on Commercial Item Pricing

DoD has proposed new guidance on commercial item pricing. The proposed rule includes a definition of “market-based pricing” that deletes current “offered for sale” terminology. Under the proposed rule, market-based pricing would be the preferred method to establish a fair price in the absence of adequate competition where market-based pricing refers to cases in which nongovernmental buyers drive the price of a product or service in a commercial marketplace. ...›