Government Contracts Legal Forum

Tag Archives: DoD

Federal Agencies’ Proposal Would Require Some Government Contractors to Report Whether They Publicly Disclose Greenhouse Gas Emissions and Reduction Goals

Posted in Legal Developments
Today, the Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) (collectively, the “FAR Council”) proposed amendments and revisions to the Federal Acquisition Regulation (FAR) that would require some government contractors to indicate whether they publicly disclose greenhouse gas (GHG) emissions and/or quantify corporate GHG reduction goals. Comments… Continue Reading

DoD And NASA Again Seek Changes to the Program Fraud Civil Remedies Act

Posted in False Claims, Legal Developments
In this year’s set of legislative proposals forwarded to Capitol Hill, DoD and NASA have again requested changes to the Program Fraud Civil Remedies Act (“PFCRA”) to create, in the government’s view, a more viable administrative remedy for fraud and false claims totaling less than $500,000.  The administrative process would proceed similarly to the suspension… Continue Reading

DoD Issues Directive Mobilizing Agency Action on Climate Change

Posted in Legal Developments
On January 14, 2016, the U.S. Department of Defense (DoD) issued Directive 4715.21 to organize comprehensive agency-wide action to address and mitigate the risks of climate change on U.S. military assets and operations. The Directive implements for DoD the requirement established by Executive Order 13653 (Preparing the United States for the Impacts of Climate Change)… Continue Reading

DoD’s Guerilla War on IR&D

Posted in Cost/Cost Accounting
In a notice published in the Federal Register on February 8 that will almost certainly be unpopular with contractors and their customers, DoD asked for comments on its consideration of adding a requirement to the DFARS that would “require offerors to describe in detail the nature and value of prospective IR&D projects on which the… Continue Reading

IG Report Whacks DCMA’s Oversight of Contractors’ Business Systems

Posted in Cost/Cost Accounting
On October 1, the DoD IG released a report titled “Evaluation of Defense Contract Management Agency Actions on Reported DoD Contractor Business System Deficiencies,” asserting that DCMA contracting officers “repeatedly” failed to comply with DFARS requirements involving reported business system deficiencies.  The report, which is similar to a report issued on June 29, 2015 regarding DCMA’s… Continue Reading

DoD White Paper Takes Aim at IR&D Costs

Posted in Cost/Cost Accounting
While DOD’s August 26 white paper “Enhancing the Effectiveness of Independent Research and Development” explains that the intent of new requirements announced in the white paper is “not to reduce the independence of IR&D investment selection, nor to establish a bureaucratic requirement for government approval prior to initiating an IR&D project,” contactors have good reason to doubt… Continue Reading

DoD Releases Interim Rule on Cloud Service Acquisitions

Posted in GSA Schedule/Commercial Items
On August 26, 2015, the DoD published an Interim Rule to implement DoD policy on the acquisition of cloud services.  This Interim Rule provides a list of terms and conditions regarding cloud computing services to be used in DoD contracts for information technology services as well as introduces the requirement that offerors responding to DoD… Continue Reading

Hiring a Former Government Official? Obtain and Hold On to the Ethics Letter

Posted in Ethics & Compliance
The Department of Defense (DoD) Office of Inspector General (IG) recently released a July 6, 2015 Memorandum announcing that it will “immediately” begin the field work for its assessment of DoD compliance with Section 847 of the 2008 National Defense Authorization Act (NDAA), “Requirements for Senior Defense Officials Seeking Employment with Defense Contractors.” Section 847… Continue Reading

New Proposed Rule Targeted at Counterfeit Parts

Posted in Procurement Fraud
On December 3, 2013, the Department of Defense (“DoD”) published the second part of a trio of promised regulations regarding efforts contractors must take to prevent the entry of counterfeit electronics into the DoD supply chain.  We previously discussed the first proposed rule here, published on May 16, 2013, which was supposed to provide the… Continue Reading

Is Your Company Ready For New DoD Regulations Addressing Counterfeit Parts?

Posted in Procurement Fraud
Next Thursday, August 8th, at 1:00 PM Eastern, join me and my colleagues Richard Arnholt and Addie Cliffe as we present a webinar on the sweeping new statutory and regulatory provisions pertaining to avoidance of counterfeit parts. The 2012 National Defense Authorization Act tasked DoD with mitigating the risks posed to its supply chain by… Continue Reading

Department of Defense Tightens Counterfeit Prevention Policy

Posted in Legal Developments
On April 26, 2013, the Under Secretary of Defense for Acquisition, Technology, and Logistics issued Department of Defense (“DoD”) Instruction No. 4140.67 to further establish policy to prevent counterfeit materiel at any level of the DoD supply chain. As we have previously blogged about, Section 818 of the National Defense Authorization Act of 2012 required… Continue Reading

FedRAMP Issues First Provisional Certification to Cloud Contractor

Posted in Cybersecurity
Just before the closing bell for 2012, the federal government gave its first approval for government-wide security authorization to a cloud service provider.  On December 26, the General Services Administration (GSA) certified its first cloud service provider under the Federal Risk and Authorization Management Program, more commonly known as FedRAMP.  The GSA expects last month’s… Continue Reading

The Fight Against Counterfeit Electronic Parts – Increasing Burdens on DoD Contractors

Posted in Legal Developments
On May 21, the Senate Committee on Armed Services published a troubling report on the results of its year-long inquiry into counterfeit electronic parts in the DoD supply chain. The report found approximately 1,800 cases of suspect counterfeit electronic parts in the defense supply chain during 2009 and 2010 involving over one million individual parts. Over 70… Continue Reading

Pressure Grows for DoD to In-House Certain Federal Contracts

Posted in In-Sourcing
The Department of Defense (“DoD”) continues to contract out work that should be handled by federal employees, according to a new Government Accountability Office (“GAO”) study, which finds shortcomings in DoD’s tracking and management of such “inherently governmental” tasks. The study urges DoD to better police its inventory of contracts—and bring in-house those functions too… Continue Reading

Commercial Items: New Requirement for Higher-Level Approval of Commercial Services

Posted in GSA Schedule/Commercial Items
On Monday, DoD issued a final rule in a continuing effort to reduce the potentially inappropriate use of commercial item contracts. DFARS: Commercial Determination Approval, 77 Fed. Reg. 14,480, (Mar. 12, 2012) (to be codified at 48 C.F.R. pt. 212). The rule, most notably, modifies DFARS subpart 212.102 to require approval at the level above the contracting… Continue Reading