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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 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 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 September 2012 Richard L. Moorhouse	Implementing Evolving Disclosure Rules Federal government oversight, scrutiny of contractors and enforcement actions are on the rise.
National Defense June 2015 Bruce J. Casino	All Government Contractors Subject to New Human Trafficking Rule Effective March 2, a new federal government rule concerning human trafficking went into effect, directly impacting all 300,000 plus government contractors and many more subcontractors.
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 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 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 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 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 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 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 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 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 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 January 2013 McGrath et al.	Tough Penalties for Failing to Comply With Immigration Rules Since 2009, the E-Verify Federal Contractor Rule requires most U.S. government contractors and subcontractors to verify the employment eligibility of employees assigned to federal contracts, and all newly hired employees.
National Defense October 2006 Fayad & Hickey	Internal Investigations: Accounting for In-House Costs This article examines the treatment of certain costs for an investigation and related corrective measures under the Federal Acquisition Regulation ("FAR"), and distinguishes those in-house costs that may be recovered from those that may not for government contractors.
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 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 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 March 2015 James A. "Ty" Hughes	Rules Issued to Combat Human Trafficking On Jan. 29, the Federal Acquisition Regulatory Council issued its final rule amending the federal acquisition regulations to strengthen protections against trafficking in persons in federal contracts.
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 November 2015 Bradel & Ralph	Justice Memo Calls for Absolute Cooperation The Foreign Corrupt Practices Act is a statute aimed at eliminating corporate bribery of foreign government officials. A defense contractor doing work overseas must be familiar with its tenets.
National Defense July 2014 Chris Nagel	Whistleblowers Cash In On False Claims Act A startling trend in defense contracting is the recent rise in payments made by industry to government agencies and whistleblowers under the False Claims Act.
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 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 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 January 2014 Cannon & Scott	Anti-Bribery Law Demands Vigilance November marked the one-year anniversary of the release of the resource guide to the Foreign Corrupt Practices Act, and should serve to remind all defense contractors of the critical importance of keeping their compliance program current and effective.
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 July 2007 Manik K. Rath	Mergers, Acquisitions Call for Added Scrutiny When acquiring or merging with any government contractor, reviewing ethics policies, compliance programs, and all recent voluntary disclosures will provide a wealth of invaluable information.
National Defense September 2014 James C. Fontana	Attorney-Client Privilege in Fraud Suits at Risk Government contractors typically maintain ethics compliance programs, which are mandated by the Federal Acquisition Regulation and are part of the industry's best practices.
National Defense January 2006 Reeder & Hickey	Make Commitment To Corporate Ethics The National Defense Industrial Association puts ethical conduct on par with shareholder profits and believes maintaining the highest ethical standards throughout the defense industry has never been more important to the country.
National Defense April 2009 Hickey & Parker	White House Kicks Off New Wave of Reforms Pledges and actions in the president's first few weeks in office, signal that increased ethics restrictions on government appointees, lobbyists and contractors have arrived.
National Defense February 2006 Reeder & Hickey	Defense Industry Political Activities: Do's and Don'ts Basic knowledge of the do's and don'ts of corporate political activity will prevent serious and potentially embarrassing pitfalls, and corporate leaders must know or be able to assess quickly the nuances before permitting any financial participation by anyone.
National Defense March 2013 Lepow & Specht	New Defense Legislation a Mixed Bag for Small Business The 2013 National Defense Authorization Act included several provisions related to small businesses, which include expanded opportunities as well as potentially harsher penalties for failure to follow regulations.
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 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 July 2015 Terry L. Elling	How to Recruit Government Workers For many government contractors, current and former government employees -- including military service members -- comprise an experienced and valued source of talent.
National Defense May 2005 Dorn McGrath	Misconduct Unrelated to Federal Contracts Could Lead To Suspension or Debarment Front-page stories on Enron, Arthur Andersen and WorldCom should make evident that failure to fully integrate corporate compliance throughout the company could prove fatal to government business.
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 March 2004 Richard J. Bednar	Small Companies Need Ethics Programs Too The Defense Industry Initiative on Business Ethics and Conduct (DII)-- focused on defense industry ethics and conduct programs since its inception in 1986--has developed a "tool kit" to help smaller defense contractors plan ethics and conduct program.
Mother Jones May/Jun 2002 Ken Silverstein	Unjust Rewards The government continues to award federal business worth billions to companies that repeatedly break the law. A Mother Jones investigation reveals which major contractors are the worst offenders...
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 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 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 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 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 August 2012 Corrigan & Kaprove	Defense Bill Shows Importance of Ethics and Compliance Programs At one hearing held by the Senate Homeland Security and Governmental Affairs Committee in November, Committee Chairman Sen. Joe Lieberman, I-Conn., criticized agencies for using suspension and debarment "all too rarely," and thereby permitting millions of dollars of waste, fraud or abuse.
National Defense January 2011 Stafford & Stapleton	New Executive Pay Rules Go Into Effect The comment period recently ended for an interim rule, "Reporting Executive Compensation and First-Tier Subcontract Awards," which implements the Federal Funding Accountability and Transparency Act.
National Defense April 2010 D'Agostino & Goodwin	What Contractors Should Know About Tax Certification President Obama's directive signals that increased enforcement measures that will be closely examining the tax certification in particular. A robust internal review process is important to ensuring accurate certifications.